Butte School District

THE BOARD OF TRUSTEES

5322

Military Leave

Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Montana Military Service Employment Rights, the Superintendent shall grant military leave to employees for voluntary or involuntary service in the uniformed services of the United States, upon receipt of the required notice.  Benefits shall be maintained for these employees as required by law and/or collective bargaining agreements. A service member who returns to the District for work following a period of active duty must be reinstated to the same or similar position and at the same rate of pay unless otherwise provided by law.

Time spent in active military service shall be counted in the same manner as regular employment for purposes of seniority or District service unless otherwise provided in a collective bargaining agreement.

The District will not discriminate in hiring, reemployment, promotion, or benefits based upon membership or service in the uniformed services.  

All requests for military leave will be submitted to the Superintendent, in writing, accompanied by copies of the proper documentation showing the necessity for the military leave request.

When possible, all requests for military leave will be submitted at least one (1) full month in advance of the date military service is to begin.

Persons returning from military leave are asked to give the Superintendent notice of intent to return, in writing, as least one (1) full month in advance of the return date.

The District shall post notice of the rights, benefits, and obligations of the District and employees in the customary place for notices.
 

Legal Reference:
                                38 U.S.C. §§ 4301-4334 The Uniformed Services Employment and Reemployment Act of 1994
                                §10-1-1004, MCA            Rights under federal law
                                §10-1-1005, MCA            Prohibition against employment discrimination
                                §10-1-1006, MCA            Entitlement to leave of absence
                                §10-1-1007, MCA            Right to return to employment without loss of benefits – exceptions – definition
                                §10-1-1009, MCA            Paid military leave for public employees

Policy History:
Adopted on: 12/21/15
Reviewed on:
Revised on: 12/19/16