Series 4000: District Employment

The District complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA), Michigan’s Military Leaves Reemployment Protection Act (MLRPA), and Michigan’s Public Employees Entering Armed Forces Act (MPEEAFA). The term “military service” as used in this Policy includes the “uniformed services” as defined in the USERRA, “service” as defined in the MLRPA, and “military duty” as defined in the MPEEAFA. 

Military service also includes service and training in the Army, Navy, Marine Corps, Air Force, Coast Guard, applicable reserve forces, Army National Guard, Air National Guard, Commissioned Corps of the Public Health Service, and other categories of persons designated by the U.S. President in times of war.

In qualifying circumstances, eligible full- and part-time employees may take leave related to military service and are entitled to reemployment and other rights during and at the conclusion of military leave. Military leave is unpaid, but employees may use accrued applicable paid leave for all or a portion of their military leave in accordance with a collective bargaining agreement or individual employment contract.

A. Employee Notice and Eligibility

1. Advance notice of military service is required, unless that service prevents advance notice or notice is otherwise unreasonable or impossible.

2. Employees are eligible for military leave when called to provide military service, whether voluntary or involuntary.

3. Military leave may be taken for the purpose of active duty, active duty training, inactive duty training, full-time National Guard duty, examinations to determine fitness for duty, funeral honors duty, duty related to the National Disaster Medical System, or any other activity authorized by law.

B. Reemployment Rights

    1. Employees returning from military leave are entitled to prompt reemployment pursuant to conditions in the law.

    2. Employees may be disqualified from reemployment when: (a) discharged dishonorably or for bad conduct; (b) separation from military service is considered “other than honorable” by the applicable military branch; (c) dismissal occurs via court martial or by order of the U.S. President; or (d) the employee is dropped from the military service rolls because of an unauthorized absence from military service or imprisonment.

    3. The District may deny reemployment after military leave if the District’s circumstances have changed to make reemployment impossible or unreasonable.

C. Reemployment Positions

An employee’s reemployment position upon returning from military leave depends on the length of the employee’s military service, advancement if the employee had remained continuously employed, the employee’s qualifications, and other factors described in the law.

D. Pay and Rights Upon Reemployment

     1. Upon reemployment, an employee receives seniority and other rights and benefits determined by seniority that the employee had attained on the date that military leave began, plus the additional seniority and rights and benefits that the employee would have attained if the employee had remained continuously employed. An employee is entitled to any other rights and benefits not determined by seniority as are generally provided by the District to other employees having similar seniority, status, and pay when taking a non-military leave.

     2. Upon reemployment, an employee’s eligibility calculation for leave under the FMLA will assume that the employee worked for the District during the period of military leave.

     3. Upon reemployment, an employee may not be discharged except for a reason constituting just cause for a period of up to 1 year after reemployment from military leave depending on the length and type of military service.

E. Benefits

    1. If an employee commencing military leave has coverage under a District provided group health benefit plan, the employee may (at the employee’s expense) elect to continue coverage for the employee, the employee’s spouse, and/or the employee’s dependents, subject to conditions in the law.

    2. If an employee’s health insurance coverage is terminated consistent with the law, upon reemployment, the employee (and the employee’s spouse and dependents) is immediately eligible for reinstatement of health insurance coverage.

F. Notice and Complaints

   1. Notice of employee rights under the USERRA will be posted in an appropriate location.

   2. The District will not retaliate or take adverse action against an employee based on the employee’s exercise of rights under the law.

   3. An employee must immediately contact the Employment Compliance Officer(s) if the employee believes the District has violated the law or this Policy. The District will investigate the complaint pursuant to Policy 4104.

Legal authority: 38 USC 4301 et seq.; MCL 32.271 et seq.; MCL 35.351 et seq

Date adopted: 08/09/2021

Date revised: