Leaves of Absence Policies
Personal Leave of Absence
Any leave of absence must be approved in advance. Approval will be made on a case-by-case basis with the needs of Southwest Preparatory School being the determining factor. All approved leaves of absence may be unpaid. Employees may continue their health insurance coverage, as well as other voluntary coverage, by paying the entire premium(s) during their absence if the leave will be greater than one month in duration.
Any leave of absence must be approved in advance. Approval will be made on a case-by-case basis with the needs of Southwest Preparatory School being the determining factor. All approved leaves of absence may be unpaid. Employees may continue their health insurance coverage, as well as other voluntary coverage, by paying the entire premium(s) during their absence if the leave will be greater than one month in duration.
Discretionary Leave of Absence
Leaves will not be granted for any of the reasons that qualify for leave under the FMLA unless the Employee has obtained an FMLA leave and has depleted the 12-weeks entitlement. Additional time may then be requested under the Discretionary Leave of Absence policy for the same reason as the FMLA leave; however, all the rights and entitlement provided under the FMLA are not applicable.
Leaves will not be granted for any of the reasons that qualify for leave under the FMLA unless the Employee has obtained an FMLA leave and has depleted the 12-weeks entitlement. Additional time may then be requested under the Discretionary Leave of Absence policy for the same reason as the FMLA leave; however, all the rights and entitlement provided under the FMLA are not applicable.
If an Employee or an absence does not meet FMLA eligibility or qualification criteria, the Employee may request to use accrued time off or request a discretionary leave of absence under the provisions of the applicable personnel policy.
Bereavement Leave
An employee who wishes to take leave due to the death of a family member should notify their supervisor immediately. Bereavement Leave may begin with the day of death of the person or may begin from the date of actual burial, funeral, or memorial service.
An employee who wishes to take leave due to the death of a family member should notify their supervisor immediately. Bereavement Leave may begin with the day of death of the person or may begin from the date of actual burial, funeral, or memorial service.
Employees are allowed up to three (3) consecutive days off from regularly scheduled duty with regular pay in the event of the death of:
employee’s spouse, child, father, mother, father-in-law, mother-in-law, brother, sister, stepfather, stepmother, stepbrother, stepsister, stepson, stepdaughter, grandparent-grandchild, spouse's grandparent, brother-in-law, sister-in-law, son-in-law, daughter-in-law, legal guardian
employee’s spouse, child, father, mother, father-in-law, mother-in-law, brother, sister, stepfather, stepmother, stepbrother, stepsister, stepson, stepdaughter, grandparent-grandchild, spouse's grandparent, brother-in-law, sister-in-law, son-in-law, daughter-in-law, legal guardian
To be eligible for paid bereavement leave, the employee generally must attend the funeral or memorial service of the deceased relative.
Employees are allowed one (1) day off from regularly scheduled duty with regular pay in the event of the death of the employee’s aunt or uncle. To be eligible for paid bereavement leave, the employee generally must attend the funeral of the deceased relative.
Employees are allowed up to four hours of bereavement leave to attend the funeral of a fellow employee or retiree of the District, provided such absence from duty will not interfere with normal operations of the District. To be eligible for payment under this provision, the employee generally must attend the funeral or memorial service of the deceased regular employee or retiree.
Part-time regular employees who average 20 hours or more each week are also eligible for Bereavement Leave and allowed up to three (3) consecutive days off from regularly scheduled duty with regular pay compensated for hours normally worked those days absent. Part-time regular employees will follow the same procedure as outlined for full-time employees aforementioned.
An employee may, with his or her supervisor’s approval, use any available personal days for additional time off as necessary.
Limitations on Leave of Absence
Any employee, who for any reason or combination of reasons other than leaves of absence under FMLA, USERRA (Uniform Services Employment and Reemployment Rights Act), the ADA, and/or applicable state and local law, misses a total of six months of work in a twelve-month period, or a total of nine months of work in an eighteen-month period, may be separated from employment due to unavailability for work. Any employee so separated will be eligible for rehire and will be able to apply for any vacancies that may exist at any given time, depending upon qualifications and availability of job openings. Before termination takes place, individual circumstances will be reviewed to ensure that any separation or termination complies with federal, state, and local law.
Any employee, who for any reason or combination of reasons other than leaves of absence under FMLA, USERRA (Uniform Services Employment and Reemployment Rights Act), the ADA, and/or applicable state and local law, misses a total of six months of work in a twelve-month period, or a total of nine months of work in an eighteen-month period, may be separated from employment due to unavailability for work. Any employee so separated will be eligible for rehire and will be able to apply for any vacancies that may exist at any given time, depending upon qualifications and availability of job openings. Before termination takes place, individual circumstances will be reviewed to ensure that any separation or termination complies with federal, state, and local law.
The District will grant family and medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. Although the federal and state laws sometimes have different names, the District refers to these types of leaves collectively as “FMLA leave.” In any case, employees will be eligible for the most generous benefits available under applicable law.
Employee Eligibility
To be eligible for FMLA Leave benefits, you must: (1) have worked for the District for a total of at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months as of the start of the leave; and (3) work at a location where at least 50 employees are employed by the District within 75 miles, as of the date the leave is requested.
Reasons for Leave
State and federal laws allow FMLA Leave for various reasons. Because an employee’s rights and obligations may vary depending upon the reason for the FMLA leave, it is important to identify the purpose or reason for the leave. FMLA Leave may be used for one of the following reasons, in addition to any reason covered by an applicable state family/medical leave law:
(1) The birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child (“Bonding Leave”);
(2) To care for an immediate family member (spouse, child, or parent with a serious health condition (“Family Care Leave”);
(3) An employee’s inability to work because of a serious health condition
(“Serious Health Condition Leave”);
(“Serious Health Condition Leave”);
(4) A “qualifying exigency,” as defined under the FMLA, arising from a spouse’s, child’s, or parent’s “covered active duty” (as defined below) as a member of the military reserves, National Guard, or Armed Forces (“Military Emergency Leave”); or
(5) To care for a spouse, child, parent, or next of kin (nearest blood relative) who is a “Covered Service member,” as defined below (“Military Caregiver Leave”).
Definitions
“Child,” for purposes of Bonding Leave and Family Care Leave, means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that Family and Medical Leave is to commence. “Child,” for purposes of Military Emergency Leave and Military Caregiver Leave, means a biological, adopted, or foster child, stepchild, legal ward, or a child for whom the person stood in loco parentis, and who is of any age.
“Child,” for purposes of Bonding Leave and Family Care Leave, means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that Family and Medical Leave is to commence. “Child,” for purposes of Military Emergency Leave and Military Caregiver Leave, means a biological, adopted, or foster child, stepchild, legal ward, or a child for whom the person stood in loco parentis, and who is of any age.
“Parent,” for purposes of this policy, means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person. This term does not include parents “in law.” For Military Emergency leave taken to provide care to a parent of a military member, the parent must be incapable of self-care, as defined by the FMLA.
“Covered Active Duty” means (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by applicable law.
“Covered Service member” means (1) a member of the Armed Forces, including a member of a reserve component of the Armed Forces, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform his or her military duties, or (2) a person who, during the five (5) years prior to the treatment necessitating the leave, served in the active military, Naval, or Air Service, and who was discharged or released therefrom under conditions other than dishonorable (a “veteran” as defined by the Department of Veteran Affairs), and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran. For purposes of determining the five-year period for covered veteran status, the period between October 28, 2009, and March 8, 2013, is excluded.
Length of Leave
The maximum amount of FMLA Leave will be twelve (12) workweeks in any 12-month period when the leave is taken for: (1) Bonding Leave; (2) Family Care Leave; (3) Serious Health Condition Leave; and/or (4) Military Emergency Leave. However, if both spouses work for the District and are eligible for leave under this policy, the spouses will be limited to a total of 12 workweeks off between the two of them when they leave is for Bonding Leave or to care for a parent using Family Care Leave. A 12-month period begins on the date of your first use of FMLA leave. FMLA Leave is calculated as a “rolling” 12-month period measured backward from the date of any FMLA leave usage. The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave will be a combined leave total of twenty-six (26) workweeks in a single 12-month period. A "single 12-month period" begins on the date of your first use of such leave and ends 12 months after that date. If both spouses work for the District and are eligible for leave under this policy, the spouses will be limited to a total of 26 workweeks off between the two when the leave is for Military Caregiver Leave only or is for a combination of Military Caregiver Leave, Military Emergency Leave, Bonding Leave and/or Family Care Leave taken to care for a parent.
Under some circumstances, you may take FMLA leave intermittently, which means taking leave in blocks of time, or by reducing your normal weekly or daily work schedule. Leave taken intermittently may be taken in increments of no less than one hour. Employees who take leave intermittently or on a reduced work schedule basis for planned medical treatment must make a reasonable effort to schedule the leave so as not to unduly disrupt the District’s operations. Please contact your Supervisor prior to schedule planned medical treatment. If Family and Medical Leave are taken intermittently or on a reduced schedule basis due to foreseeable planned medical treatment, the District may require you to transfer temporarily to an available alternative position with an equivalent pay rate and benefits, including a part-time position, to better accommodate recurring periods of leave.
As discussed more generally below, if your request for intermittent leave is approved, the District may later require you to obtain recertification of your need for leave. For example, the District may request recertification if it receives information that casts doubt on your report that an absence qualifies for Family and Medical Leave.
To the extent required by law, some extensions to leave beyond an employee’s FMLA entitlement may be granted when the leave is necessitated by an employee's work-related injury/illness or a “disability” as defined under the Americans with Disabilities Act and/or applicable state or local law. Certain restrictions on these benefits may apply.
Notice and Certification
(i) Bonding, Family Care, Serious Health Condition, and Military Caregiver Leave Requirements
Employees are required to provide:
• when the need for the leave is foreseeable, 30 days advance notice or such notice as is both possible and practical if the leave must begin in less than
30 days (normally this would be the same day the employee becomes
aware of the need for leave or the next business day
• when the need for leave is not foreseeable, notice within the time prescribed by the District’s normal absence reporting policy, unless unusual circumstances prevent compliance, in which case notice is required as soon as is otherwise possible and practical;
• when the leave relates to medical issues, a completed Certification of Health-Care Provider form within 15 calendar days (for Military Caregiver Leave, an invitational travel order or invitational travel authorization may be submitted in lieu of a Certification of Health-Care Provider form);
• periodic recertification (upon request); and
• periodic reports during the leave
30 days (normally this would be the same day the employee becomes
aware of the need for leave or the next business day
• when the need for leave is not foreseeable, notice within the time prescribed by the District’s normal absence reporting policy, unless unusual circumstances prevent compliance, in which case notice is required as soon as is otherwise possible and practical;
• when the leave relates to medical issues, a completed Certification of Health-Care Provider form within 15 calendar days (for Military Caregiver Leave, an invitational travel order or invitational travel authorization may be submitted in lieu of a Certification of Health-Care Provider form);
• periodic recertification (upon request); and
• periodic reports during the leave
Certification forms are available from the SWPS HR Department.
At the District’s expense, the District may also require a second or third medical opinion regarding your own serious health condition or the serious health condition of your family member. In some cases, the District may require a second or third opinion regarding the injury or illness of a “Covered Service member.” Employees are expected to cooperate with the District in obtaining additional medical opinions that the District may require.
When leave is for planned medical treatment, you must try to schedule treatment so as not to unduly disrupt the District’s operation. Please contact your Supervisor prior to schedule planned medical treatment.
Recertification after Grant of Leave
In addition to the requirements listed above, if your Family and Medical Leave is certified, the District may later require medical recertification in connection with an absence that you report as qualifying for Family and Medical Leave. For example, the District may request recertification if (1) the employee requests an extension of leave; (2) the circumstances of the employee’s condition as described by the previous certification change significantly (e.g., your absences deviate from the duration or frequency set forth in the previous certification; your condition becomes more severe than indicated in the original certification; you encounter complications); or (3) the District receives information that casts doubt upon your stated reason for the absence. In addition, the District may request recertification in connection with an absence after six months have passed since your original certification, regardless of the estimated duration of the serious health condition necessitating the need for leave. Any recertification requested by the District shall be at the employee’s expense.
In addition to the requirements listed above, if your Family and Medical Leave is certified, the District may later require medical recertification in connection with an absence that you report as qualifying for Family and Medical Leave. For example, the District may request recertification if (1) the employee requests an extension of leave; (2) the circumstances of the employee’s condition as described by the previous certification change significantly (e.g., your absences deviate from the duration or frequency set forth in the previous certification; your condition becomes more severe than indicated in the original certification; you encounter complications); or (3) the District receives information that casts doubt upon your stated reason for the absence. In addition, the District may request recertification in connection with an absence after six months have passed since your original certification, regardless of the estimated duration of the serious health condition necessitating the need for leave. Any recertification requested by the District shall be at the employee’s expense.
(ii) Military Emergency Leave Requirements
Employees are required to provide:
• as much advance notice as is reasonable and practicable under the circumstances;
• a copy of the covered military member's active duty orders when the employee requests leave and/or documentation (such as Rest and Recuperation leave orders) issued by the military setting forth the dates of the military member’s leave; and
• a completed Certification of Qualifying Exigency form within 15 calendar days, unless unusual circumstances exist to justify providing the form at a later date.
• a copy of the covered military member's active duty orders when the employee requests leave and/or documentation (such as Rest and Recuperation leave orders) issued by the military setting forth the dates of the military member’s leave; and
• a completed Certification of Qualifying Exigency form within 15 calendar days, unless unusual circumstances exist to justify providing the form at a later date.
Certification forms are available from the SWPS HR Department.
(iii) Failure to Provide Certification and to Return from Leave
Absent unusual circumstances, failure to comply with these notice and certification requirements may result in a delay or denial of the leave. If you fail to return to work at your leave’s expiration and have not obtained an extension of the leave, the District may presume that you do not plan to return to work and have voluntarily terminated your employment.
Compensation During Leave
Generally, FMLA leave is unpaid. However, you may be eligible to receive benefits through State-sponsored or District-sponsored wage-replacement benefit programs. If you are eligible to receive these benefits, you may also choose to supplement these benefits with the use of accrued vacation and sick leave, to the extent permitted by law and District policy. All such payments will be integrated so that you will receive no more than your regular compensation during this period. If you are not eligible to receive any of these wage-replacement benefits, the District may require you to use accrued vacation and sick leave to cover some or all of the FMLA leave. The use of paid benefits will not extend the length of an FMLA Leave
Benefits During Leave
The District will continue making contributions for your group health benefits during your leave on the same terms as if you had continued to work. This means that if you want your benefits coverage to continue during your leave, you must also continue to make any premium payments that you are now required to make for yourself or your dependents. Employees taking Bonding Leave, Family Care Leave, Serious Health Condition Leave, and Military Emergency Leave will generally be provided with group health benefits for a 12-workweek period. Employees taking Military Caregiver Leave may be eligible to receive group health benefits coverage for up to a maximum of 26 workweeks. In some instances, the District may recover premiums it paid to maintain health coverage if you fail to return to work following an FMLA Leave.
If you are on an FMLA Leave but are not entitled to continue paid group health insurance coverage, in some circumstances you may continue your coverage through the District in conjunction with federal and/or state COBRA guidelines by making monthly payments to the District for the amount of the relevant premium. Please contact your Human Resource Representative for further information.
Your length of service as of the leave will remain intact, but accrued benefits such as vacation and sick leave will not accrue while on an unpaid FMLA leave.
Job Reinstatement
Under most circumstances, you will be reinstated to the same position held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions. However, you have no greater right to reinstatement than if you had been continuously employed rather than on leave. For example, if you would have been laid off had you not gone on leave, or if your position has been eliminated during the leave, then you will not be entitled to reinstatement.
Prior to being allowed to return to work, an employee wishing to return from a Serious Health Condition Leave must submit an acceptable release from a health care provider that certifies the employee can perform the essential functions of the job as those essential functions related to the employee's serious health condition. For an employee on intermittent FMLA leave, such a release may be required if reasonable safety concerns exist regarding the employee’s ability to perform his or her duties, based on the serious health condition for which the employee took the intermittent leave.
“Key employees,” as defined by law, may be subject to reinstatement limitations in some circumstances. If you are a “key employee,” you will be notified of the possible limitations on reinstatement at the time you request leave.
Fraudulent Use of FMLA Prohibited
An employee who fraudulently obtains Family and Medical Leave from the District is not protected by FMLA’s job restoration or maintenance of health benefits provisions. In addition, the District will take all available appropriate disciplinary action against such employees due to such fraud.
Additional Information Regarding FMLA
A Notice to Employees of Rights under FMLA (WHD Publication 1420) is included in this handbook under Appendix A. Special FMLA Rules Apply to Employees of Schools. The special rules affect the taking of intermittent leave or leave on a reduced schedule, or leave near the end of an academic term (semester), by instructional employees.
“Instructional employees” – those whose principal function is to teach and instruct students in a class, a small group, or an individual setting. The term includes teachers, athletic coaches, and special education assistants. The term does not apply to teacher’s assistants or aids, counselors, curriculum specialists, cafeteria workers, maintenance workers, or bus drivers.
Leave taken for a period that ends with the school year and begins the next semester is leave taken consecutively rather than intermittently. The period during the summer vacation, when the employee would not have been required to report for duty is not counted against the employee’s FMLA leave entitlement. An instructional employee who is on FMLA leave at the end of the school year must be provided with any benefits over the summer vacation that employees would normally receive if they had been working at the end of the school year.
If an eligible instructional employee needs intermittent leave or leave on a reduced leave schedule to care for a family member with a serious health condition, to care for a covered service member, or for the employee’s own serious health condition, which is foreseeable based on planned medical treatment, and the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend, the employer may require the employee to choose either to:
• Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or
• Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee’s regular position.
• Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee’s regular position.
These rules apply only to a leave involving more than 20 percent of the working days during the period over which the leave extends. For example, if an instructional employee who normally works five days each week needs to take two days of FMLA leave per week over a period of several weeks, the special rules would apply. Employees taking leave, which constitutes 20 percent or less of the working days during the leave period, would not be subject to transfer to an alternative position.
“Periods of a particular duration” means a block, or blocks, of time beginning no earlier than the first day for which leave is needed and ending no later than the last day on which leave is needed, and may include one uninterrupted period of leave.
If an instructional employee does not give required notice of foreseeable FMLA leave to be taken intermittently or on a reduced leave schedule, the District may require the employee to take leave of a particular duration or to transfer temporarily to an alternative position. Alternatively, the District may require the employee to delay the taking of leave until the notice provision is met. There are also different rules for instructional employees who begin leave more than five weeks before the end of a term, less than five weeks before the end of a term, and less than three weeks before the end of a term.
Regular rules apply except in circumstances when:
1. An instructional employee begins to leave more than five weeks before the end of a term. The employer may require the employee to continue taking leave until the end of the term if:
• The leave will last at least three weeks, and
• The employee would return to work during the three-week period before the end of the term.
• The leave will last at least three weeks, and
• The employee would return to work during the three-week period before the end of the term.
2. The employee begins to leave during the five-week period before the end of a term because of the birth of a son or daughter; the placement of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a covered servicemember. The employer may require the employee to continue taking leave until the end of the term if:
• The leave will last more than two weeks, and
• The employee would return to work during the two-week period before the end of the term.
• The employee would return to work during the two-week period before the end of the term.
3. The employee begins to leave during the three-week period before the end of a term because of the birth of a son or daughter; the placement of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; or to care for a covered servicemember. The employer may require the employee to continue taking leave until the end of the term if the leave will last more than five working days.
For purposes of these provisions, “academic term” means the school semester, which typically ends near the end of the calendar year and the end of spring each school year. In no case may a school have more than two academic terms or semesters each year for purposes of FMLA.
An example of leave falling within these provisions would be where an employee plans two weeks of leave to care for a family member which will begin three weeks before the end of the term. In that situation, the employer could require the employee to stay out on leave until the end of the term.
If an employee chooses to take leave for “periods of a particular duration” in the case of intermittent or reduced schedule leave, the entire period of leave taken will count as FMLA leave.
In the case of an employee who is required to take leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement.
The employer has the option not to require the employee to stay on leave until the end of the school term. Therefore, any additional leave required by the employer to the end of the school term is not counted as FMLA leave; however, the employer shall be required to maintain the employee’s group health insurance and restore the employee to the same or equivalent job including other benefits at the conclusion of the leave.
Military Reserves or National Guard Leave of Absence
Employees who serve in the U.S. military organizations, state military groups or who serve in the National Disaster Medical System may take the necessary time off without pay to fulfill this obligation and will retain all of their legal rights for continued employment under existing laws.
Employees who serve in the U.S. military organizations, state military groups or who serve in the National Disaster Medical System may take the necessary time off without pay to fulfill this obligation and will retain all of their legal rights for continued employment under existing laws.
These employees may apply for accrued personal leave and unused earned vacation time to the leave if they wish; however, they are not obliged to do so.
You are expected to notify your supervisor as soon as you are aware of the dates you will be on duty, so arrangements can be made for replacement during this absence.
Military Leave
Both state and federal law provides employees with the right to take leave in order to serve in the military. At the federal level, military leave rights are governed by the Uniformed Services Employment and Reemployment Rights Act, commonly referred to as USERRA. This policy discusses military leave under USERRA.
Both state and federal law provides employees with the right to take leave in order to serve in the military. At the federal level, military leave rights are governed by the Uniformed Services Employment and Reemployment Rights Act, commonly referred to as USERRA. This policy discusses military leave under USERRA.
USERRA establishes a “floor” for employees’ rights with respect to military leaves. States may provide an employee with greater or additional rights with respect to military leaves than those under USERRA.
Eligibility for Leave
The District provides unpaid military leaves of absence to employees who serve in the uniformed services as required by USERRA and applicable state laws. The uniformed services are defined as the Army, Navy, Marine Corps, Air Force, Coast Guard, Army National Guard, Air National Guard, and Commissioned Corps of the Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. The uniformed services also include participants in the National Disaster Medical System when activated to provide assistance in response to a public health emergency, to be present for a short period of time when there is a risk of a public health emergency, or when they are participants in authorized training.
Service consists of performing any of the following on a voluntary or involuntary basis: active duty, active duty for training, initial active duty, inactive duty training, full-time National Guard duty, absence from work for an examination to determine fitness for such duty, and absence for performing funeral honors duty. Total military leave time may not exceed five years during employment, except in certain, defined circumstances.
Notice of Leave
Advance notice of leave is required, preferably in writing, unless giving notice is impossible or unreasonable, or notice is prohibited by military necessity (which is defined by the United States Department of Defense). When notice is required, employees must provide their supervisor with as much advance notice as possible of any anticipated leave of absence for military service. Accrued, unused vacation will be paid during military leave at the employee’s request. After 30 days of continuous military leave, employees may elect to continue their health plan coverage at their own expense, for up to 24 months or during the remaining period of service, whichever is shorter.
Advance notice of leave is required, preferably in writing, unless giving notice is impossible or unreasonable, or notice is prohibited by military necessity (which is defined by the United States Department of Defense). When notice is required, employees must provide their supervisor with as much advance notice as possible of any anticipated leave of absence for military service. Accrued, unused vacation will be paid during military leave at the employee’s request. After 30 days of continuous military leave, employees may elect to continue their health plan coverage at their own expense, for up to 24 months or during the remaining period of service, whichever is shorter.
Reinstatement
In order to be eligible for reinstatement, an employee must have provided advance notice of the need for military leave (where required) and have completed his or her service on a basis that is not dishonorable or otherwise prohibited under USERRA.
In order to be eligible for reinstatement, an employee must have provided advance notice of the need for military leave (where required) and have completed his or her service on a basis that is not dishonorable or otherwise prohibited under USERRA.
Employees whose military service is less than 31 days must report back to work at the beginning of the first full, regularly scheduled workday following completion of service, after allowing for a period of safe travel home and 8 hours of rest.
Employees whose military service is more than 30 days, but less than 181 days must apply for reemployment within 14 days after completing service. Employees whose service is greater than 180 days must apply for reemployment within 90 days after completing service.
As with other leaves of absence, failure to return to work or to reapply within applicable time limits may result in loss of reemployment rights. Full details regarding reinstatement are available from Human Resources.
In general, an employee returning from military leave will be reemployed in the position and seniority level that the employee would have attained had there been no military leave of absence. If necessary, the District will provide training to assist the employee in the transition back to the workforce. Vacation benefits do not continue to accrue during a military leave of absence.
An employee returning from military leave is entitled to any unused, accrued vacation benefits the employee had at the time the military leave began minus any vacation benefits the employee chose to use during the leave. Upon reinstatement, the employee will begin to accrue vacation benefits at the rate he or she would have attained if no military leave had been taken.
If the employee works in a state that provides rights greater than those provided under USERRA, the District would provide those rights.