HomeMy WebLinkAbout5427 Military LeavePERSONNEL
MILITARY LEAVE
5427
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All District employees, except those who are employed on a temporary basis, are
entitled to military leave of absence when ordered to active duty for training as members
of the Idaho National Guard or any component of the U.S. Armed Forces. Employees
who volunteer, are drafted, or are ordered to extend active duty with any component of
the U.S. Armed Forces shall be entitled to reinstatement to their former positions or
comparable positions if the right is exercised in a timely manner.
Guidelines
Notice to District
1. Advance written or verbal notice of military service should be given to the principal,
supervisor, or Superintendent/designee as soon as reasonably practical.
a. Either the employee or an appropriate officer of the branch of military where
he/she will serve may provide the notice.
b. Employees who are ordered to duty shall provide one copy of their orders to the
principal, supervisor, or Superintendent/designee.
c. Notice shall include date of departure and date of return.
2. No notice is required if such notice is precluded by military necessity.
Reemployment Rights
A veteran shall be entitled to reemployment if he/she has satisfied the following:
1. Advance written or verbal notice has been given to the District of such service;
2. The cumulative length of absence from a position of employment because of service
does not exceed five years; and
3. The person has submitted an application for reemployment within the specified time
frame pursuant to 5427E Standard Military Service Length and Renortinc Times.
Disqualification from Reinstatement
The following four conditions disqualify an employee from exercising his/her right to
reemployment after military leave:
1. A dishonorable or bad conduct discharge.
Bonneville Joint School District No. 93
PERSONNEL
5427
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2. Separation from the service under "other than honorable conditions".
3. A commissioned officer's dismissal via court martial or by order of the President.
4. When a service member has been dropped from the rolls for being absent without
authority or for civilian imprisonment.
DEFINITIONS
Notice: any written or verbal advance notification by an employee to the District of an
obligation or intention to perform service in the uniformed services.
Position: means employment held by a District employee at the time of entrance into
military duty. It does not include temporary or casual employment or an office filled by
election.
Reasonable Efforts: actions including training provided by District, that does not place
an undue hardship on the District.
Service in the Uniformed Services: the performance of duty on a voluntary or
involuntary basis in a uniformed service under competent authority and includes: active
duty, active duty for training, initial active duty for training, inactive duty training, full-time
National Guard, a period for which a person is absent from a position of employment for
an examination to determine the fitness to perform a service or for the purpose of
performing funeral honors duty.
Undue Hardship: actions requiring significant difficulty or expense, when considered in
light of:
x the nature and cost of the action needed;
x the overall financial resources of the facility or facilities involved in the provision
of the action; the number of persons employed at such facility; the effect on
expenses and resources, or the impact other wise of such action upon the
operation of the facility;
x the overall financial resources of the employer; the overall size of the business of
an employer with respect to the number of its employees; the number, type and
location of its facilities; and
x the type of operation or operations of the employer, including the composition,
structure, and functions of the work force of such employer; the geographic
separateness, administrative, or fiscal relationship of the facility or facilities in
question to the employer.
The employer shall have the burden of proving the impossibility or unreasonableness,
undue hardship, or the brief or nonrecurring nature of employment without a reasonable
expectation of continuing indefinitely or for a significant period.
Bonneville Joint School District No. 93
Military Leave
PERSONNEL
5427
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Uniformed Services: refers to the Armed Forces, the Army National Guard and the Air
National Guard when engaged in active duty for training, inactive duty training, or full-
time National Guard duty, 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.
Adopted: 02-08-2017 Reviewed: Revised:
Legal Reference: Idaho Code § 46-407 Militia and Military Affairs / Reemployment Rights
Idaho Code § 46-224 Militia and Military Affairs / Entitled to Restoration of
Position after Leave of Absence for Military Training
Idaho Code § 46-225 Militia and Military Affairs / Vacation, Sick Leave, Bonus
and Advancement Unaffected by Leave
USERRA, Title 38, Part 3, Chapter 43 U.S. Code
Bonneville Joint School District No. 93
Military Leave