All employees of Lynchburg City School Board who are members of the state or federal military reserves are entitled to leaves of absence from their duties on all days during which they are engaged in federally funded military duty, including training duty, or when called forth by the Governor. Immediately upon receipt of official notice to report for duty, the employee will notify his or her supervisor of the need for military leave. A copy of the official orders must accompany the leave request.
All employees on military leave will receive up to 15 days paid leave per federally funded tour of duty. When possible, military leave for employees on less than a 12-month contract will be arranged during non-duty hours. An employee who is scheduled for a physical examination for military service during working hours, including but not limited to pre-induction physicals, will be given paid leave.
In addition, full-time employees of the Lynchburg City School Division whose active duty service with the regular armed forces of the United States or the National Guard or other reserve component requires his or her absence from employment will receive supplemental pay if the employee’s military compensation is less than the regular salary paid to the employee by the school division.
The employee will be permitted, upon request, to use any vacation, annual, or similar leave that had accrued at the time military leave began.
Except as outlined above, military leave is unpaid.
If the employee so desires, the employee and the employee’s dependents may continue to participate in the division’s group health plan for up to 24 months while the employee is on military leave. The employee must notify the Benefits Department if he/she wants to continue participation in the group health insurance plan. Employees who elect to continue on the division’s health plan must pay, per pay period, the premium normally paid by the employee at the time of leave.
An employee reemployed after military leave will be treated as not having incurred a break in service. The period of military leave will be considered service to the division for purposes of vesting and benefit accrual. The division is responsible for its pension plan funding obligation. The division is not required to make its contribution until the employee is reemployed.
The employee will be allowed, but not required, to make up his or her contributions to a contributory plan. The employee may repay his or her employee contributions for a period of up to three times the period of military service, but not to exceed five years. If the employee’s retirement plan is contributory and the employee does not make up his or her contributions, he or she will not receive the employer match or the accrued benefit attributable to his or her contribution because the employer is required to make contributions that are contingent on the employee’s contributions.
The employer and employee contribution will be calculated on the rate of pay the employee would have received but for the absence to serve military duty.
An employee who is entitled to military leave by reason of service in the federal military reserves is entitled to be reemployed by the School Board as long as he or she
- has given advance notice of the need for military leave (unless notice is precluded by military necessity or is otherwise impossible or unreasonable);
- has not been absent from his or her job for more than five years; and
- returns to work as outlined below.
If the employee was absent from work for
- less than 31 days, he or she must report back to work by the beginning of the next regularly scheduled work period after a reasonable amount of time to arrive home, rest and report to work;
- more than 30 days but less than 181 days, the employee must submit an application for reemployment within 14 days after the completion of service;
- more than 180 days, the employee must submit an application for reemployment within 90 days after the completion of service.
Employees who are entitled to military leave due to service in the Virginia military reserves must make written application for reemployment within (1) 14 days of release from duty or from hospitalization following release if the length of the employee’s absence by reason of service in the uniformed services does not exceed 180 days or (2) 90 days of his/her release from duty or from hospitalization following release if the length of the employee’s absence by reason of service in the uniformed services exceeds 180 days.
Upon returning from duty, an employee will be restored to the same job he/she held before leaving or to a comparable job. The School Board is not obligated to reemploy persons returning from military leave in certain unusual situations specified by state and federal law.
Termination after Reemployment
A person who is reemployed after returning from more than 30 days of military duty will not be discharged except for cause
- within one year after the date of reemployment, if the person's period of military service before the reemployment was more than 180 days; or
- within 180 days after the date of reemployment, if the person's period of military service before the reemployment was more than 30 days but less than 181 days.
Discrimination Against Members of Military Reserves Prohibited
Members of the military reserves will not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of that membership.
Adopted: March 6, 2018
38 U.S.C. §§ 4312, 4313, 4316, 4317.
20 C.F.R. §§ 1002.259, 1002.261, 1002.262, 1002.267.
Code of Virginia, 1950, as amended, §§ 22.1-289.2, 44-93, 44-93.1, 44-93.3, 44-93.4, 44-102.1.