Herrin Community Unit School District No. 4
Bylaws & Policies
 

4430.04 - MILITARY LEAVE

An employee of the School District who is a member of the United States Armed Forces, the Army National Guard, the Air National Guard, any reserve component of the United States Armed Forces or of the Illinois State Militia, the Illinois National Guard, or the Public Health Service commissioned corps, shall be granted leave from his/her public employment for any period actively spent in military service, including: basic training, special or advanced training, annual training, voluntary and involuntary active duty, full-time National Guard duty, and any other training or duty required by the United States Armed Forces. All seniority and benefits available to that employee or similarly situated employees shall continue to accrue during the employee's military leave.

The School District shall not require an employee to first use all sick or vacation time prior to taking leave pursuant to this policy. An employee of the School District shall be re-employed, upon proper notice to the School District, to the position in the School District commensurate with the various Illinois and Federal requirements current as of the employee's return to work.

If the military leave for a full time employee is related to a reserve component of the United State Armed Forces or of the Illinois State Militia, the School District shall pay the regular compensation to the School District employee for any mobilization to active duty and leaves due to annual training. During leaves for basic training, and for up to sixty (60) days of special or advanced training, and for any other training or duty required by the United States Armed Forces, the School District will pay the difference between the employee's military base pay and his/her regular compensation from the School District.

An employee of the School District who is a member of the civilian auxiliary of the United States Air Force, or the Civil Air Patrol, and who is performing a civil air patrol mission, is eligible for unpaid Civil Air Patrol Leave if s/he has been employed by the District for at least twelve (12) months and has completed at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave. In order to receive these Civil Air Patrol benefits, an employee must give at least fourteen (14) days notice to the District.

The School District will require certification from the applicable military authority to verify the employee's eligibility for any of the applicable military leaves. Furthermore, the employee should give proper notice regarding his/her return to active employment with the School District. The School District will provide employees the full extent of their rights pursuant to applicable Illinois and Federal laws regarding notice.

The School District encourages employees who know of upcoming military leaves covered under these policies to provide as much advance notice as possible prior to these leaves. The School District also urges its employees to familiarize themselves with the various Illinois and Federal Statutes regarding military leave.

The School District will satisfy its obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided in Illinois or Federal law.

5 ILCS 325/0.0 et seq., (Illinois Military Leaves of Absence Act)
5 ILCS 330/1 et seq., (Illinois Public Employee Armed Services Rights Act)
20 ILCS 1805/30 (Military Code of Illinois)
105 ILCS 5/10-20.7b (Illinois School Code)
330 ILCS 60/ et seq., (Illinois Service Member's Employment Tenure Act)
820 ILCS 148/5 et seq., (Illinois Civil Air Patrol Leave Act)
38 U.S.C. 4310 et seq., (Uniformed Services Employment and Reemployment Rights Act)

Adopted 1/09
Revised 1/11/10