Policy 410.05

Certificated Employee Military Service and Leave

Certificated employees who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve and State Guard are entitled to a leave of absence, without loss of pay, on all days during which they are employed under the orders or authorization of competent authority in the active service of the State or United 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 leave provided by the District through policy or negotiated agreement. Any such leave that 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 employees who are ordered to active service shall receive an additional leave of absence until such member is released from the active service by competent authority. During this additional leave of absence, the employee shall receive such portion of his or her salary or compensation as will equal the loss he or she may suffer while in the active service of the state. The loss he or she may suffer while in the active service of the state is defined as the differential between military and district salaries.

Employees who are required to leave a position other than temporarily 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 four 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 employee shall be entitled to a return to a comparable position as provided by law. Such person shall not be discharged without justifiable cause within one year after reinstatement.

Absence for any of the reasons stated above shall not affect the employee’s right to receive normal personal leave, sick leave, and other benefits of the employee’s employment normally to be anticipated in the employee’s particular position.

Family Military Leave –Military leave and family military leave will be granted to the extent required by state and federal law. Family military leave under the Family and Medical Leave Act (FMLA) will be provided in accordance with that law and subject to the provisions of the Board policy pertaining to FMLA leave. Employees requesting to take family military leave must notify the Superintendent at least 14 days in advance of taking such leave if such a leave will be for 5 or more consecutive days.

Legal Reference:
Neb. Statute 55-160 to 166 and 55-501-507, 79-838, and 29 U.S.C.A. 2611, et seq. and 29 CFR Part 825

Adopted: February 13, 2006
Revised: September 10, 2007
Revised: August 11, 2008