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Policy GCCAD
The School Board recognizes the importance of military service in maintaining our Nation’s security. The Board also recognizes that federal and state law provide certain protections for employees who must fulfill military obligations, including active duty and training requirements. Therefore, the Board shall make provision for military leave by school employees assigned to the uniformed services of the United States, in accordance with applicable laws and this policy.
Regular employees will be entitled to military leave for service in the uniformed services of the United States for periods which, cumulatively, do not exceed five years, unless service is otherwise extended as provided by law. Upon return to work, no employee who was granted such leave and who complies with notification, return-to-work and other applicable requirements will be subject to loss of seniority, status, or other rights or benefits determined by seniority or other benefits established by contract or agreement in effect at the beginning of the leave or implemented during the leave, unless otherwise provided for by law. Such employees will be placed on the salary step they would have attained had they not taken a military leave.
The Superintendent/designee shall be responsible for compliance, including implementation of a system of record-keeping for documenting military leave.
Annual training leave
An employee who is a member of a reserve or National Guard unit or any other branch of the military organized under state or federal law who is required to perform annual active duty during the school year shall be granted military leave with a right to reinstatement as provided by state and federal law.
A teacher shall suffer no net loss of pay for up to 17 calendar days annually, provided that the teacher has made every reasonable effort to perform their annual training when school is not in session. An employee who is required to continue military service beyond required annual training will, upon return, be eligible for pay and benefits in accordance with the provisions of the paragraphs of this policy concerning emergency military leave.
Employees who have annual training obligations must immediately notify their supervisor and the Superintendent in writing upon receipt of an active duty assignment, including the dates when military leave will begin and end.
Emergency Military Leave
Military leave will be granted to any regular employee who enlists for military duty with any branch of the United States armed forces or who is called into active military service in time of war or other emergency declared by the proper authority of the state or United States.
The employee should, in advance if possible, notify his/her supervisor and the Superintendent of his/her service obligation, including the dates when leave will begin and, if known, when it will end. An employee whose military leave will result in an absence of more than 30 days should forward a copy of his/her military orders to the Superintendent.
Pay
Such leave will be without pay, unless otherwise required under an applicable collective bargaining agreement or by law. An employee may use vacation time or other paid leave during his/her time of military service, but is not required to do so.
Health Benefits
For absences of up to 30 days, health insurance benefits will continue as if the employee has not been absent. The employee will not be required to pay more than his/her usual share of the health insurance premium.
For absences of 31 days or more, the employee may elect to continue health benefits for a period of up to 18 months from the date leave begins or until he/she fails to return to work, whichever is shorter. Employees wishing to continue coverage may be required to pay no more than 102% of the insurance premium.
Other Benefits
Employees on military leave are entitled to the same benefits as provided to employees on other types of approved, unpaid leave.
Reinstatement After Service
An employee who wishes to return to the school unit will be re-employed in the position he/she would have held if employment had not been interrupted, or assigned to an equivalent or similar position, provided that:
The employee is still qualified for the position, or can, after “refresher” or skills upgrade training, or other reasonable accommodation required under federal or state law, qualify for the position;
The employee has been honorably discharged or has otherwise been released after satisfactory service;
The employee notifies the Superintendent/designee of intent to return work within the time period set by law; and
The school unit’s circumstances have not changed to such a degree that re-employment would cause an undue hardship on the school unit or make reinstatement impossible or unreasonable.
Upon reinstatement, the employee will have the same rights to vacation, sick leave and other benefits as if he/she had been continuously employed.
Because continuing contract (non-probationary) status for teachers must be approved by the Board and so is not merely a function of continuous employment, probationary teachers will be reinstated at the actual year of service as when he/she began military leave.
Time Limits for Returning to Work
In order to qualify for reinstatement, employees must return to work within the following time limits, which depend upon the duration of military orders:
1-30 days service: The employee must report at the beginning of the first regularly scheduled work day or eight hours after the end of military duty, plus reasonable travel time from military duty station to home.
31-180 days: The employee must apply for reinstatement no later than 14 days after completion of military duty.
181 days or longer: The employee must apply for reinstatement not later than 90 days after completion of military duty.
Protection from Discharge
An employee who has been reinstated after a period of military service of 30-180 days may not be discharged without cause for six months after the date of re employment.
An employee who has been reinstated after a period of military service of 181 days or more may not be discharged without cause for one year after the date of re-employment.
Hiring of substitutes
In order to provide for efficient administration of the schools, a substitute employee may be hired to perform the duties of the employee who is away on military leave until such time as the employee returns to work. A person employed in such substitute capacity shall be informed of the temporary nature of the position and the rights of the employee on military leave upon his/her return.
Legal references: 38 U.S.A. § 4301-4333 (Uniformed Services employment and Re-employment Rights Act (“USERRA”)
20-A M.R.S.A. § 13603
26 M.R.S.A. § 811, 812
Adopted: October 4, 1939
Revised: December 8, 1975
Revised: October 13, 1980
Revised: March 2003
Revised: April 14, 2003
*Please excuse any formatting errors.
