403.41 - Military Service

The board will abide by all the provisions of the Uniformed Services Employment and Re-Employment Right Act (USERRA) and the Iowa Military Code and will grant military leave to all eligible full-time and part-time employees. 

Military leave may be granted to full-time and part-time employees. A leave of absence will be granted to non-temporary employees who are members of the uniformed services when ordered by proper authority to serve in the uniformed services. Following such leave, employees have the right to be reinstated to their same or comparable position under the following conditions:

  1. Employee ensures that the district’s Human Resources office receives advance written or verbal notice of service unless giving such notice is impossible, unreasonable, or precluded by military necessity.
  2. Employee has five years or less of cumulative service in the uniformed services while with the district.
  3. Employee returns to work or applies for re-employment in a timely manner after conclusion of service.
  4. Employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.

The first 30 calendar days of military leave will be without loss of status or efficiency rating and without loss of pay. When the military leave is for a period of less than 30 days, a paid leave of absence will be granted only for those days the employee would normally perform services for the district. An employee’s salary will not continue beyond the 30th calendar day during military leave, unless required by law. However, employees may request to use any vacation or personal leave time accrued during military leave. 

Health insurance benefit coverage will continue for 31 days as long as employees pay their normal portion of the cost of benefits. For leave lasting longer than 31 days, employees will be eligible to continue health benefits under COBRA and will be required to pay 102% of the total cost of their health benefits if they wish to continue benefits for up to 24 months while in the military. If employees do not elect to continue coverage during their military service, they have the right to be reinstated in the district’s health plan when they are re-employed, generally without any waiting periods or exclusions except for service-connected illnesses or injuries.

Group term life/AD&D insurance provided by the district (if applicable) and group long-term disability insurance provided by the district (if applicable) will terminate the day the employee becomes active military. Voluntary supplemental life insurance will terminate the day the employee becomes active military. Converting to an individual policy may continue voluntary dependent life insurance coverage for up to two months. To exercise this conversion option dependents must submit a written application and the first premium payment within 31 days immediately following the termination of coverage. 

If an employee was a participant in a 403(b) plan at the time they left for military duty the employee will be permitted to make additional contributions to the plan. Employees may initiate these additional payments as of their re-employment date and continue them for the period of time permitted by law.

Employees do not accrue vacation, personal leave, or sick leave while on military leave status. 

Upon return from military leave employees will be reinstated to the same or comparable job with the same seniority, pay, status, and benefits that they would have had if they had worked continuously. Employees must apply for re-employment within 90 days of discharge from the military. Employees who fail to report for work within the prescribed time after completion of military service will be considered to have voluntarily terminated their employment.

In addition to the employee's failure to apply for re-employment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist:  

  1. The employee's employment prior to the military service was merely for a brief, temporary, or non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period. 
  2. The employee did not receive an honorable discharge from military service. 

Adopted: 6/70
Reviewed: 3/11; 12/11; 4/13; 9/14; 12/16; 8/17; 6/20; 4/23
Revised: 1/13; 9/16
Legal Reference (Code of Iowa): §§ 20; 29A.28