Policy 412.12

Support Staff Employee Military Leave

Military leave will be granted to support staff employees in accordance with applicable state and federal laws. To be eligible for military leave, the employee must provide the superintendent advance notice of his or her service obligations unless he or she is prevented from providing such notice by military necessity or it is otherwise impossible or unreasonable to provide such notice. Upon conclusion of leave the employee will retain reemployment rights and accrue seniority and benefits subject to applicable district policies and statutory limitations under federal and state laws. Questions regarding the military leave policy and applicable state and federal laws should be directed to the office of the Superintendent.

Support staff 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) workdays 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) workdays 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 salary and district salary.

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.

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 – Support staff employees who are eligible to take leave under the Family and Medical Leave Act may be eligible for military family leave including “active duty” leave and military caregiver” leave pursuant to the provisions of the Family and Medical Leave Act. Requests for family military leave shall be made to the Superintendent and shall be processed on forms adopted by the district. See Rule 410.05 for regulations.

Legal Reference:
Neb. Statute 55-160 to 166
38 U.S.C. 4301, et seq.
29 C.F.R. Pt. 825
See Rule 410.05

Adopted: February 13, 2006
Revised: September 10, 2007
Revised: May 11, 2009