4328 - Military Leave

Policy 4328 Military Leave title box

It is the policy of the Southwest Vermont Supervisory Union, Bennington School District, Inc., Mount Anthony Union School District, North Bennington Graded School District, Pownal School District, Shaftsbury School District, and Woodford School District that any full time employee who enters the active Armed Forces of the United States for a period not exceeding four (4) years (plus any involuntary extension) shall be granted a leave of absence without pay. If a voluntary extension not exceeding one (1) year is requested by the Federal Government, the leave shall be so extended. An employee requesting such leave shall provide his/her supervisor with written notice of the date of departure and date of return and a copy of his/her military orders thirty (30) days prior to the date of departure, or as soon as the employee receives his/her military orders.

Re-Employment

Upon discharge from the Armed Forces, the employee shall be eligible for re-employment by the District in the capacity in which he/she served at the time of departure or in a position of like seniority, status and pay, provided:
  1. that an honorable discharge has been received;
  2. his/her service was satisfactory;
  3. he/she is physically and mentally able with or without reasonable accommodation to perform the essential functions of the available position.
An employee returning from military leave shall submit a letter of intent regarding re-employment to the Superintendent not less than thirty (30) days preceding termination of active service with the armed forces. If re-employment is approved, the employee shall report for work within ninety (90) days of said termination. Failure to report to work within ninety (90) days of termination shall result in forfeiture of any reinstatement rights.

Reserve Duty

All full-time employees who, by reason of membership in the Active Reserve Forces of the United States or in the National Guard, are ordered by the proper authority to full time active duty or to attend full time training activities shall be entitled to a leave of absence with pay during the actual duration of such activity, but not to exceed fifteen (15) consecutive days in one (1) year.

The amount of pay for such leave shall be determined by subtracting the amount of pay earned while on active duty from the amount of pay that the employee would normally have earned for that period. If the amount earned while on active duty exceeds the amount normally earned for that period, the District shall not provide any compensation for the active duty period. Weekend duty with the Active Reserve Forces of the United States or the National Guard shall be on the employee’s own time.

If the employee is under orders to be absent for more than 30 consecutive days, he/she will no longer be eligible for health insurance benefits under the District’s policy and may apply for COBRA (Consolidated Omnibus Budget Reconciliation Act) benefits.

Each employee shall also have such other re-employment rights as provided by (and subject to the conditions of) 38 U.S.C. (United States Code) §2024 and 21 V.S.A. (Vermont Statutes Annotated) §491, et. seq., as amended from time to time.

Policy 4328 Military Leave warning and adoption dates