A special publication for Virginia School Boards Association's Policy Services subscribers
MILITARY RESERVISTS
The events of September 11 caused numerous repercussions throughout our society. As military reservists are called up, their absence from their regular jobs will require School Boards to be familiar with the rights they have both while they are gone and upon their return. This edition of The Policy Page is devoted to answering some of the questions arising from the activation of military reservists and to providing you with sources for additional information.
Employment Benefits
School Board employees who are called up for military duty are entitled to various benefits while they are on active duty. These include:
Leave of Absence: Members of the military reserves are entitled to leaves of absence from their duties when they are called up for military duty.
Notice: Employers are entitled to advance notice that an employee will need a leave of absence for military duty unless such notice is precluded by military necessity. No specific amount of notice is required. The notice may be either oral or written. Employees should give as much notice as possible.
Pay: Activated military reservists are entitled to a total of fifteen days of paid military leave per year. In addition, activated military reservists may, at their request, use accrued vacation or annual leave while performing military duty. The School Board may not require employees to use vacation or annual leave.
Seniority: An activated military reservist shall not lose any seniority during his military service.
Accrued Leave: An activated military reservist shall not lose any accrued leave during his military service.
VRS benefits - The effect of military service on benefits provided through VRS (Virginia Retirement System) is discussed in detail at a special section of the VRS webpage (www.state.va.us.vrs). A few of the most frequently asked questions, and the answers thereto, are as follows:
Q. What about my health insurance?
A. The School Board continues to pay its portion of the premium for up to 18 months. There is no payroll deduction for health insurance while an employee is on leave for military duty. The employee continues to pay the cost of dependent coverage.
Q. What about basic group life insurance?
A. There is no change in employer-paid premiums. If the employer pays the member's premium,
the employer will collect the premium and send it to VRS for the employee.
Q. What about optional life insurance?
A. The employee sends payments to the employer and the employer sends them to VRS.
The Policy Page is prepared each month by the VSBA Legal and Policy Services Department,
2320 Hunters Way, Charlottesville, VA 22911, telephone (434) 295-8722, email policy@vsba.org
Reemployment
School Board employees who return from military duty have various rights established by law. These include:
Position: When the military reservist returns to School Board employment, he shall be restored to the position held when ordered to duty or to a comparable position.
Timing: Federal law spells out when an employee must return to his regular employment after his military service ends. The time periods depend on the length of the military service. If an employee is absent for military service for less than 31 days, he must return to work at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an eight-hour rest period. For service periods between 31 and 181 days, the service member must submit an application for reemployment within 14 days of release from service. For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service.
Injured employees: If an employee is injured or incurs a disability during military leave, the deadline for him to return to work may be extended for up to two years. The employer must make reasonable accommodations for the employee's physical condition.
Board Members Who Are Reservists
Boards which have one or more members who are reservists should remember that Virginia does not permit School Board meetings to be conducted by conference call, video call, or any other means other than the physical assembly of its members.
Resources
The VRS website has added a section which details the effects of military duty on numerous VRS Benefits. You can visit the site at www.state.va.us.vrs.
Federal Law: The Uniformed Services Employment and Reemployment rights Act of 1994 (USERRA), 38 U.S.C. §§ 4301-4333 addresses the employment and reemployment rights of uniformed service members. The Department of Labor's website, www.dol.gov, includes useful information under the heading Rights and Responsibilities Under USERRA for National Guard, Reservists, & Their Employers.
Virginia Law: Va. Code § 44-93 establishes several of the employment rights discussed above.
* RECODIFICATION *
Several statutes effecting School Boards were recodified effective October 1, 2001. No substantive changes were made at this time, but the statutes were moved in an attempt to better organize the portions of the Code of Virginia addressing government. The statutes are as follows.
The Freedom of Information Act formerly appeared at Va. Code § 2.1-340 et. seq. It now appears at Va. Code § 2.2-3700 et seq.
The State and Local Government Conflict of Interests Act formerly appeared at Va. Code § 2.1-639.1. It now appears at Va. Code § 2.2-3100 et seq.
Virginia Public Procurement Act formerly appeared at Va. Code § 11-35. It now appears at Va. Code § 2.2-4300 et seq.
VSBA would like to welcome Winchester City to the Policy Services Program.
If you are interested in joining the VSBA Policy Service,
please call Elizabeth at 434/295-8722.