SPECIAL ADMINISTRATIVE BOARD OF THE
TRANSITIONAL SCHOOL DISTRICT OF THE CITY OF ST. LOUIS
Regulation # 4620.7
PROCEDURES FOR TAKING MILITARY LEAVE
A military leave of absence will be granted to employees who are absent from work because of service in the United States uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §4301, et seq., and Section 105.270, Revised Statutes of Missouri, or their successors. Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable. Employees are required to notify the Human Resources Department as soon as they become aware of their military obligations.
Additionally, the employee must submit an official order from the appropriate military authority evidencing the duty for which the leave of absence is requested, in order for the employee to receive any paid time off pursuant to this Policy. Upon receipt of evidence of military duty from the appropriate military authority, an employee on military leave shall be entitled to a paid leave of absence for a period not to exceed a total of 120 hours in any federal fiscal year. Although an employee may be entitled to a military leave of absence in excess of 120 hours in any federal fiscal year, any authorized military leave time in excess of 120 hours in any federal fiscal year shall be unpaid. Employees on authorized military leaves of absence beyond 120 hours in any federal fiscal year may utilize earned PTO time, if any, but are not required to do so.
BENEFITS DURING MILITARY LEAVE
Employees should consult with a Human Resources representative to discuss leave benefits and the employee’ responsibilities while on leave. Employees on authorized military leaves of absence for 120 hours or less in any federal fiscal year shall continue to receive all benefits at the same level as they received prior to the military leave of absence. Additionally, employees on authorized military leaves of absence for thirty-one (31) days or less will continue to receive District paid healthcare benefits at the same level as they received prior to the military leave of absence. COBRA notice and election forms will be provided to employees on authorized military leaves of absence in excess of 120 hours in any federal fiscal year. Continuation of health insurance benefits is available after thirty (30) days of military service at the employee’s expense for up to twenty-four (24) months, per the requirements of USERRA and is subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.
If an employee neither gives advance notice regarding an absence nor elects insurance coverage, the District may cancel the employee’s insurance when the employee’s authorized leave of absence exceeds thirty-one (31) days. If it is later determined that the employee was unable to provide advance notice of the leave because of military necessity, or it was impossible or unreasonable to do so, the District will reinstate coverage on the employee’s election and payment of unpaid premium amounts due.
If an employee elects coverage but does not pay the monthly premium, the District will cancel coverage. Coverage will be reinstated on the first of the month following the employee’s return to work.
REINSTATEMENT RIGHTS AFTER COMPLETION OF MILITARY SERVICE
Eligibility for reinstatement to employment after military duty or training is completed will be determined in accordance with applicable federal and state laws. Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable position, depending on the length of military service, in accordance with USERRA. Upon their return to work, employees will be treated as though they were continuously employed for purposes of determining benefits based on length of service.
Upon conclusion of military service, employees on a military leave of absence covered by USERRA are required to report to work within a specific period of time, depending on the length of military service:
(1) If the employee’s military service lasts from 1 to 30 days (or if the employee is absent from work in order to take a fitness-for-service examination), you must report back to work by the beginning of the first regularly scheduled work period that begins on the next calendar day following completion of military service, after allowance for safe travel home from the military duty location and an eight (8) hour rest period.
(2) If the employee’s military service lasts from 31 to 180 days, the employee must submit an application for reemployment no later than 14 days after completion of the military service.
(3) If the employee’s military service last 181 days or longer, the employee must submit an application for reemployment no later than 90 days after completion of the military service.
Any unexcused delay in complying with the deadlines set forth above may result in the application of the District’s policies and regulations governing unexcused absences.
Those employees on a USERRA covered military leave of absence lasting longer than 31 days must provide documentation showing the following upon their return:
(1) that the employee’s application for reemployment is timely;
(2) that the employee has not exceeded the five (5) year service limitation; and
(3) the reason for the employee’s separation from military service.
In accordance with applicable law, it is the District’s policy that no employee or prospective employee will be subjected to any form of discrimination or retaliation on the basis of that person's membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion, or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under this policy. If any employee believes that he or she has been subjected to discrimination or retaliation in violation of this policy, the employee should immediately contact the Human Resources Department.
Regulation approved: March 12, 2009