The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

4437 - MILITARY LEAVE

All regular full-time employees who are members of the reserve in the United States Armed Services or members of the National Guard of the United States shall, to the extent permitted by law, receive remuneration up to a maximum of thirty (30) days absence from their regular work (contractual period) during any calendar year, if they are ordered by the Armed Services or National Guard to report for temporary active duty. If possible, full-time regular employees should plan to render their temporary military service during any time school is not in session. If this is impossible, requests for leaves for temporary military service with military orders must be submitted to Leave and Retirement as soon as military orders are received or prior to commencement of deployment.

A full-time regular employee of the School Board may be granted a military leave of absence without pay provided that the:

 A.employee is inducted into the Armed Services via Selective Service Act;

 B.employee enlists in the Armed Services;

 C.employee is recalled to active service from a reserve status.

The conditions and benefits of a military leave of absence for a full-time regular employee are that the employee is to be considered as being in continuous employment of the Board during this period of service and shall receive all benefits of employment, upon return, that would normally accrue if the employee had been actually filling his/her position.

The employee must return to employment within ninety (90) days after receiving the final discharge.

Any regular full-time employee who enters the Armed Services at any time is to receive full pay for the first thirty (30) days of military service; except that no compensation is to be paid to such a person for any time for which s/he would not normally be drawing pay during the first thirty (30) days of such military service. This compensation is to be paid only when the individual submits to the Superintendent or designee an affidavit proving that s/he has been in the Armed Services at least thirty (30) days. This is not to be confused with temporary military leave which grants up to thirty (30) days compensation under certain conditions.

An employee who is a member of the Florida National Guard, and is ordered to active State duty as a result of a state of emergency being declared by the Governor, is entitled to a leave of absence without loss of pay, not to exceed thirty (30) days at any one time.

Any employee involuntarily called to active duty following the terrorist acts on September 11, 2001, shall be entitled to a military pay supplement as provided in F.S. 115.14. The first thirty (30) calendar days of military service by full-time employees are compensable at full pay in accordance with the fifth paragraph of this rule, upon verification that the employee has completed thirty (30) days of service. Subsequent to the first thirty (30) days of service, the Board will provide military pay supplements to full-time employees who are reservists or members of the National Guard, involuntarily called to active duty after September 11, 2001.

Extended Military Leave shall be granted for a period of up to five (5) years in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4301-4335.

38 U.S.C. 4301-4335

Revised 6/17/15

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