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GCBDE/GDBDE - Military Leave of Absence

Code:   GCBDE/GDBDE
Revised/Readopted:  9/25/17
Adopted:   12/11//06
Orig. Code(s):  GCBDE/GDBDE

The district will grant military leave to employees on duty[1] with a uniformed service[2] in accordance with applicable state and federal law.  Employees requesting military leave are required to provide written notice as soon as practicable following notification of military call up or reservist duty, unless precluded by military necessity.

Military training leave exceeding 15 calendar days in any one training year is unpaid leave.  Upon request, employees may use any accrued vacation or similar leave during the period of service exceeding 15 calendar days.

While on military leave, the employee will receive the same benefits as other employees on leave, as well as the following:

  1. The employee may continue enrollment in the district’s health insurance plan.  During the first 18 months of leave, the employee shall be required to pay any employee contribution required of other employees on a leave of absence.  If the leave extends beyond 18 months, the employee will be required to pay not more than 102 percent of the full premium;
  2. Upon Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) reemployment, the employee must meet USERRA eligbility criteria in order for the district to provide retroactive employer contributions to the Public Employees Retirement System (PERS).  These contributions will be provided on the same basis as if the employee had not left, provided the employee was an enrolled member at the time of leave.  The employee shall repay required employee contributions over a period of three times the military service leave period or five years, whichever is less.

An employee on duty with a uniformed service is entitled to reemployment for a maximum of five years, unless retained on active duty because of war or national emergency.  An individual returning from military leave shall notify the district of his/her intent to return as follows:

  1. Employees who are veterans and reservists returning from training must only inform the district of their training obligations and report back at the next regularly scheduled working period;
  2. Employees returning from active duty must notify the district of their intention to return to their former  jobs within 90 days of release from duty.

An individual reemployed under this policy is entitled to the seniority and other currently existing rights and benefits the individual had when service started, plus the additional seniority and similar rights and benefits that would have been accrued if employment had been continuous.

This policy does not apply if the employee has been separated from service with a dishonorable or bad conduct discharge or under other than honorable conditions.

END OF POLICY


Legal Reference(s):

ORS 332.505
ORS 408.290

Consolidated Omnibus Budget Reconciliation Act of 1985, 42 U.S.C. §§ 300bb-1-300bb-8 (2012).
I.R.C., U.S.C. 26 § 4980B(f)(4) (2012).
Employment and Reemployment Rights of Members of the Uniformed Services, 38 U.S.C. §§ 4301-4334 (2012).


[1]“Duty” means the performance of duty on a voluntary or involuntary basis in a uniformed service and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty and absence to determine fitness for duty.

[2]“Uniformed service” means the Armed Forces, the National Guard, the commissioned corps of the Public Health Service and any other category of persons designated by the President in time of war or national emergency.