Military Leave 4-49.1

School Board of the City of Virginia Beach
Regulation 4-49.1

PERSONNEL

Military Leave

All employees who are members of the state or federal military reserves are entitled to leaves of absence from their duties on all days during which they are engaged in federally funded military duty, to include training duty, and in response to orders issued by the Governor under the Code of Virginia. The employee shall immediately upon receipt of official notice to report for duty, submit his/her official orders to the Department of Human Resources, unless military necessity prevents giving notice or is otherwise impossible or unreasonable.

1. Pay/Paid Leave
   1. All employees on Military Leave will receive up to fifteen (15) days paid leave per federal fiscal year (October 1 – September 30). When possible, employees are expected to make every effort to schedule Military Leave at times when school is not in session.
   2. An employee who is scheduled for a physical examination for military service during working hours, including but not limited to pre-induction physicals, will be given paid leave.
   3. In addition, after full-time employees who have exhausted the fifteen days of paid leave and who provide evidence or demonstrate a loss of income are eligible to receive a supplement. Full-time employees whose active-duty service with the regular armed forces of the United States or the National Guard or other reserve component requires the employee’s absence from employment will receive a supplement if the employee’s military base pay is less than the employee’s current base salary paid by the School Division. The supplement will be equal to the difference between the employee’s military base pay and the employee’s current base salary at the time of commencement of active-duty Military Leave. Employees must submit copies of their military pay statements to the Department of Human Resources to receive the supplement.
   4. Employees may use their accrued annual or personal reasons leave in lieu of receiving the supplement. Employees are not eligible to use their leave and receive the supplement at the same time.
   5. Except as outlined above, Military Leave is unpaid.
2. Benefits
   1. Health Insurance
      1. At the employee’s discretion and in accordance with applicable law, the employee and the employee’s dependents may continue to participate in the School Division’s group health plan for up to twenty-four (24) months while the employee is on Military Leave. The employee must notify the Consolidated Benefits Office if the employee wishes to continue to participate in the School Division’s group health plan.
      2. Employees absent for thirty (30) days or less will be responsible for the employee portion of the premium during the absence. Employees absent 31 days or more will be responsible for the paying the entire premium payment (both employee and employer portions) during absence. If the employee is receiving the supplement or using accrued leave, the premium payment will be deducted from the employee’s pay check. If the employee is on unpaid Military Leave, the employee will be responsible for making entire premium payments (both employee and employer portions) for health coverage. Employees should do so by direct payment to the Consolidated Benefits Office (CBO) in advance of each month, or may defer payment of premiums upon return to work. If continuation of coverage is elected but subsequent premiums are not submitted, coverage will terminate at the end of the month for which the last premium was paid.
   2. Retirement Benefits

      Contributions to the Virginia Retirement System (VRS) will be discontinued when an employee is placed on active duty Military Leave. An employee reinstated after Military Leave will be treated as not having incurred a break in service. The period of Military Leave will be considered service to the School Division for purposes of vesting and benefit accrual. The School Division is responsible for its defined benefit plan funding obligation. The School Division is not required to make its contribution until the employee is reemployed.

      The employee will be allowed, but not required, to make up the employee’s contributions to a contributory plan. The employee may repay the employee contributions to for a period of up to three times the period of military service, but not to exceed five years. If the employee’s retirement plan is contributory and the employee does not make up the employee contributions, the employee will not receive the employer match or the accrued benefit attributions that are contingent on the employee’s contributions.

      The employer and employee contribution will be calculated on the rate of pay the employee would have received but for the leave of absence.

   3. Annual/Personal Reasons Leave

      An employee will not accrue annual leave while on active duty Military Leave. Upon an employee’s return to School Division service, the employee’s annual leave accrual rate will be calculated to include the period of Military Leave.

   4. Sick Leave

      Employees will not accrue sick leave while on Military Leave. An employee’s sick leave balance will be retained until the employee returns to School Division service.

   5. Service Credit

      Employees will accrue credit toward continuous School Division service for the period of Military Leave and past School Division service credit will be retained.

3. Reinstatement from Military Leave

   An employee who is entitled to Military Leave by reasons of service in federal military reserves will be reinstated in accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, (USERRA). If an employee’s absence exceeds 31 days or more, any verbal or written communication of the employee’s intent to return to work, will be considered an application for reemployment. Employees will be required to provide documentation, as defined under USERRA, to establish their eligibility for reemployment.

4. Discrimination Against Members of Military Reserves Prohibited

   Members of the military reserves will not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of that membership.

Legal Reference

Code of Virginia. § 44-93, as amended. Leaves of absence for employees of Commonwealth or political subdivisions.

Code of Virginia § 44-93,1, as amended. Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions.

Code of Virginia § 44-93.3, as amended. Reemployment rights.

Code of Virginia § 44-93.4, as amended. Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited.

Code of Virginia § 44-102.1:1, as amended. Benefits upon call to active duty under a state of emergency; health care premiums.

Code of Virginia § 44 75.1, as amended. Militia state active duty.

Code of Virginia § 44 78.1, as amended. Request for assistance by localities.

Title 38, U.S. Code. Chapter 43. Part III §§ 4301-4333, as amended. Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA).

Approved by Superintendent: July 16, 1991
Revised by Superintendent: January 18, 1994
Revised by Superintendent: March 8, 2000
Revised by Superintendent: December 13, 2002
Revised by Superintendent: March 7, 2005
Revised by Superintendent: July 26, 2022