POLICY NUMBER:
400.28
ADOPTED:
9.20.2011
Board Policy
- Leaves of absence for military service shall be granted to employees who are ordered to active duty with the Armed Forces of the United States.
- The Board authorizes the Superintendent and District Administration to develop administrative regulations consistent with this policy, subject to review and approval by the Board.
ADMINISTRATIVE REGULATION:
400.28-1
APPROVED:
9.20.2011
Military Leave Documentation - 400.28-1
- Military leaves of absence shall be granted upon the filing of letters of appointment or official orders, or upon verbal notification by a verifiable military authority, with the Human Resources Department. All National Guard and Reserve members are required to provide a copy of orders, the annual drill schedule, or other type of documentation to employers as soon as available and, if possible, before the commencement of military leave.
ADMINISTRATIVE REGULATION:
400.28-2
APPROVED:
9.20.2011
Military Leave - 400.28-2
- Military leave is absence which may be granted to:
- Employees ordered into military service of the United States.
- Employees ordered to serve in a branch of a reserve unit of the Armed Forces of the United States or the National Guard.
- Employees mobilized by the National Guard or a reserve branch of the Armed Forces of the United States to meet local emergency situations.
- Employees who are members of an organized reserve unit who are ordered to attend annual inactive duty training.
- Military leaves of absence shall be administered as follows:
- The District, for military leave of 30 days or less, shall pay the difference between his/her regular salary and the amount he/she is paid during the military leave if the pay is less than their contract amount, i.e. any amount paid to the employee for service while on military leave will be deducted from the employee’s regular pay.
- The District will maintain their insurance coverage for an employee granted inactive duty training for 30 days or less.
- The District will also cover the cost of a substitute, if needed.
- If military leave is granted for 31-180 days, employees will be required to apply for a military leave of absence on a District leave of absence form. This leave will be without pay and the District reserves the right to replace the employee on a temporary basis if it is in the best interest of the District. The employee will be offered COBRA insurance. Upon release, an employee returning from this type of military leave of absence must request reassignment to a position within the District within fourteen (14) days after discharge or separation from active duty or military service.
- If military leave is granted for longer than 180 days, employees will be required to apply for a military leave of absence, and the District may replace the employee. Upon release, an employee returning from a military leave of absence must request reassignment to a position within the District within ninety (90) days after discharge or separation from active duty or military service. Employees will be offered COBRA insurance for a total of 18 months.
- The District, for military leave of 30 days or less, shall pay the difference between his/her regular salary and the amount he/she is paid during the military leave if the pay is less than their contract amount, i.e. any amount paid to the employee for service while on military leave will be deducted from the employee’s regular pay.
- Employees whose employment is interrupted by military leave will be given retirement benefits in accordance with Federal Law (Utah Retirement System Employers Guide).
- Canyons School District will complete a Military Leave Notification and submit it to the Utah Retirement System with a copy of the employee’s official call at the time the employee leaves for service.
- If the employee is a member of the non-contributory plan, Canyons School District will pay the entire contribution as well as 401K contributions that would have been paid had the employee not left employment.
- If the employee is a member of the contributory system, Canyons School District will pay the employer contribution. The employee must pay the employee portion of the contribution.
- For purposes of computing the required contributions, an employee’s compensation during the period of military service will be at the same rate had the employee not been called to military service.
- If an employee does not return to Canyons School District following military service, the Utah Retirement System will refund the contribution made to the Defined Benefit Plan but not the 401K.
- Employees returning from service under honorable conditions will be assigned to the same or comparable position for which the employee is qualified.
- Employees granted military leaves of absence shall receive experience credit on the salary schedule up to a maximum of five years. They shall also be allowed to make individual contributions to any pension plan, and upon reinstatement, have all privileges and status restored as if they had not been absent.
- Canyons School District shall not be required to reemploy any employee who is discharged from the Armed Forces of the United States under conditions other than honorable.
- Twelve-month employees who are ordered to attend training sessions or who are assigned to short-term active duty for training shall consult with their immediate supervisor and make every effort to arrange such activities so as to provide for a minimum of interruptions and to promote continuity of work objectives of the District.
- An employee on an approved military leave of absence who fails to request reinstatement or who fails to return to the assigned position following discharge/separation from active duty or service may be terminated at the conclusion of the leave since failure of an employee to report is cause for dismissal.
- There is a five-year cumulative service limit on the amount of voluntary military leave an employee can use and still retain reemployment rights.
Exhibits
None
References
None
Forms
None
Document History
Revised – 9.20.2011. Policy – 400.28 – Military Leave was revised to update Military Leave provisions, clarification regarding military leave disbursements, and policy language regarding replacement of employees granted military leave longer than 180 days.
Adopted – 11.27.2001.
This online presentation is an electronic representation of the Canyons School District’s currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent located at 9361 South 300 East Sandy, UT 84070.
