GBRID (May 2009)

MILITARY LEAVE

Mississippi law on the subject of employees called to military service is covered in Mississippi Code 1972, ' 33-1-21

The law provides that state employees and employees of "any county, municipality or other political subdivision" are entitled to a leave of absence from their respective duties for periods not to exceed 15 days without loss of pay, time, annual leave or efficiency rating when ordered to military duty.

Districts do not have to pay such employees after the 15-day absence, but all other benefits are to remain intact until the employee "is relieved from duty."

Employees released from military service have 90 days to apply for reemployment and cannot be discharged "without cause" within one year after reinstatement to their school district positions.  The law adds that reemployment protection is not extended to employees dishonorably discharged from military service.

If the time of call to active duty is optional for the employee, this school district expects that the employee choose a time for reporting to active duty that is least disruptive to the district.

This district shall comply with the Uniformed Services Employment And Reemployment Rights Act of 1994 ("USERRA") which, among other things, removes the distinction between active service personnel and reserve personnel from the employer's perspective.  Further, the Act prohibits an employer from denying "initial employment, reemployment, retention in employment, promotion, or any benefit of employment" to a person who is a member of or applies to be a member of the uniformed services, or who is performing, has performed, or has applied to perform services in a uniformed service.

NOTE:  Due to the breadth and complexity of USERRA, all of its provisions cannot be covered here.  Each board is advised to have its attorney review USERRA and assist in the development of district policy regarding specific application of USERRA requirements.

MILITARY ACTIVE DUTY AND BOARD VACANCY

Recent national events have prompted questions regarding the status of board members who are called to active duty by the military.  The primary question is whether or not a vacancy is created on the board when a board member is called to active duty.  In most instances the  answer is no.  The board would treat this situation the same as when a board member becomes ill, and the remaining board members would continue to conduct the board=s business.  The seat would be declared vacant only if the board member officially resigned from the board.