6325 Certified Staff Military Service Leave and Credit for Experience


Certified staff of Grand Island Public Schools who are members of the National Guard, Army Reserve, naval Reserve, marine Corps Reserve, Air Force Reserve, Coast Guard Reserve and State Guard are entitle to a leave of absence, without loss of pay, on all days during which they are employed under the orders of authorization of competent authority in the active service of the State or Unite States. Such leave of absence will be without loss of pay for a period not to exceed fifteen (15) work days in any one calendar year. Such leave of absence will be in addition to any lave provided by the district through policy or negotiated agreement. Any such leave which extends beyond fifteen (15) work days in any one calendar year shall be without pay from the remaining contract payments.

If the Governor of the State of Nebraska declares a state of emergency any of the above certificated staff who are ordered to active service shall receive an additional leave of absence will be granted until such member is released from the active service by competent authority. During this additional leave of absence, the staff member shall receive such portion of their salary or compensation as will equal the loss they may suffer while in the active service of the state. The loss they may suffer while in the active service of the state is defined as the differential between military salary and district salary.

Staff who are required to leave a position other than temporary for training with the armed forces of the United States or to undertake military duty in the active service of the state are entitled to a leave of absence for such period, not to exceed five years, plus any additional period as provided by law, without loss of status and without loss of pay during the first fifteen work days, which pay for the first fifteen work days is not in addition to that described above.

Upon an honorable discharge from active service, such staff shall be entitled to a return to a comparable position as provided by law as long as they:

  • has given advance notice of the need for military leave (unless notice is precluded by military necessity or is otherwise unreasonable);
  • has not been absent from their job for more than five years; and
  • returns to work as outlined below.

 

The following periods and conditions of return to work apply to staff who were absent:

  • if absent less than 31 days, staff must report back to work by the beginning of the next regularly scheduled work period after a reasonable amount of time to arrive home, rest, and report to work;
  • if absent more than 30 days but less than 181 days, staff must submit an application for reemployment within 14 days after the completion of service;
  • if absent more than 180 days, by submitting an application for reemployment within 90 days after the completion of service.

 

Such person shall not be discharged without justifiable cause within one year after reinstatement if the person’s period of military service before the reemployment was more than 180 days. Such person shall not be discharged without justifiable cause within 180 days after the date of reemployment if the person’s period of military service before the reemployment was more than 30 days but less than 181 days.

Staff reemployed after military leave will be treated as not having incurred a break in service. Absence for any of the reasons state above shall not affect staff’s right to receive normal vacation, sick leave, bonus, advancement and other advantages of the staff’s employment normally to be anticipate in the employee’s particular position. Credit on the salary schedule will be given to staff for military experience if such staff were drafted or called to active duty during their tenure as a certificated staff member of the Grand Island Public Schools.

 

Legal Reference:           Neb. Statute 55-160 to 166

                                                            79-838

                                    38 U.S.C. §§ 4312, 4313, 4316, 4317

                                    20 C.F.R. §§ 1002.259, 1002.261, 1002.262, 1002.267

 

Policy Adopted 3/5/79

Policy Revised  2-14-02

Policy Revised:  04.14.2016