MILITARY EXIGENCY LEAVE. To attend to various short-term matters requiring an employee’s attention when an employee’s spouse, son, daughter, or parent has been called to active duty or is on a Federal call to active duty, generally as a member of the reserve components of the U.S. military. Qualifying exigencies include matters such as childcare and a child’s school activities, financial or legal arrangements, attending certain counseling sessions, short periods of rest and recuperation leave from active deployment, attending certain military events such as post-deployment reintegration briefings, and any matters arising out of a short- term deployment (i.e., a deployment for which an employee’s spouse, son, daughter, or parent receives 7 or fewer calendar days of notice of the deployment). In addition to FMLA leave, the Employer shall provide leave for other compelling personal reasons, or as required by law. Leaves not covered by the FMLA and not otherwise excused or protected by law will be considered as an occurrence(s) of absence under the Employer’s attendance policy. This policy applies to Employee compensation time off and to other approved leaves, such as those occasioned by disability or military service. If an employee is eligible for FMLA, absences for an FMLA-qualifying reason, such as Employee compensation absences or approved disability leaves, will be counted as FMLA leave to the extent permitted by law. If an employee is off of work due to an on-the-job injury and refuses transitional duty offered by the facility, the employee would be considered to be on an unpaid employee leave of absence and all provisions of this policy would apply.
MILITARY EXIGENCY LEAVE. Section 1. After completing one year of service, employees shall be granted up to twelve weeks of military exigency leave without pay with benefits on a rolling twelve month year basis, provided the employee has at least 1250 hours of actual work time within the twelve months preceding the commencement of the leave. Leave under this Section may be used when an absence arises from the fact that an employee’s spouse, parent, son or daughter is on active duty or has been notified of an impending call or order to active duty either 1) in support of a contingency operation as a member of the national guard or a member or retired member of a reserve branch of the armed Forces; or 2) deployed to a foreign country as a member of a regular component of the Armed Forces, for reasons described in the Family and Medical Leave Act.
Section 2. Employer-paid coverage for life insurance and Employer payments toward coverage for health benefits as provided in Articles 16 and 17 will continue for the period of time the employee is on military exigency leave under this Article.
Section 3. An employee shall be required to use accrued annual, personal, compensatory and holiday leave upon commencement of military exigency leave. Such annual, personal, compensatory and holiday leave will run concurrently with and reduce the twelve week entitlement to leave without pay with benefits.
Section 4. An employee shall have the right to return to the same position in the same classification held before going on military exigency leave, or to an equivalent position with regard to pay and skill for absences under this Article.
Section 5. For the purpose of this Article, the definition of spouse, parent, son and daughter is defined in the Family and Medical Leave Act as related to military exigency leave.
Section 6. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, 29 USC Section 2601 et seq. and that leave granted in accordance with this Article shall be designated as leave under the provisions of the Act, where applicable.
Section 7. Effective with the beginning of the 2018 leave calendar year, this Article shall expire and be replaced by the provisions of Sections 10 through 17 of Article 9.
MILITARY EXIGENCY LEAVE. An employee whose spouse, child or parent is called to active duty in the National Guard or Reserves in support of a “contingency operation” may take up to twelve (12) weeks of continuous, intermittent, or reduced schedule leave in a twelve (12) month period to handle non-medical “exigencies” relating to such service. The leave counts against the employee’s twelve (12) week FMLA entitlement. Military-exigency leave can be taken to attend send-off or welcome home ceremonies, to provide emergency child-care, to join the service member on rest leaves for up to five (5) days, or for other reasons detailed in Department of Labor regulations. FMLA Leave must be requested in writing on forms provided by the Board. FMLA Leave will run concurrent with sick leave, personal leave or any other paid leave available to the employee. Time spent on such paid leave for any FMLA condition listed on the FMLA form shall be counted against the maximum FMLA Leave. During FMLA Leave, the board shall continue to pay the contribution toward the monthly premium it makes for a professional staff member on the active payroll. The employee shall pay the remaining portion of the monthly premium (if any), the first day of the month in advance. Upon expiration of FMLA Leave, if the employee remains on unpaid leave, he/she may continue to participate in the Board’s group insurance plan by making payments in accordance with COBRA regulations. To continue to be enrolled in the life insurance program, the employee must pay the entire premium each month. The employer may require an employee that is on FMLA Leave due to his/her own serious medical condition to furnish certification from the employee’s health care provider that the employee is able to resume work. Upon request by the administration, and at the Board’s expense, an employee shall be required to obtain a second opinion from a physician selected by the Board. If the second opinion conflicts with the first, the employee and the employer shall select a third doctor, at Board expense, whose opinion is final and binding. Upon return to service, the employee shall resume the same contract status which he/she held prior to the leave. The Board shall adopt forms and written procedures consistent with this Agreement which may be necessary to fulfill its obligations under the FMLA and shall provide these to employees and others upon request.
MILITARY EXIGENCY LEAVE. Paragraph 1. After completing one year of service, employees shall be granted up to twelve weeks of military exigency leave without pay with benefits on a rolling twelve month year basis, provided the employee has at least 1250 hours of actual work time within the twelve months preceding the commencement of the leave. Leave under this Paragraph may be used when an absence arises from the fact that an employee’s spouse, parent, son or daughter is on active duty or has been notified of an impending call or order to active duty either 1) in support of a contingency operation as a member of the national guard or a member or retired member of a reserve branch of the Armed Forces; or 2) deployed to a foreign country as a member of a regular component of the Armed Forces, for reasons described in the Family and Medical Leave Act. Paragraph 2. Employer-paid coverage for life insurance and Employer payments toward coverage for health benefits as provided in Recommendations 16 and 17 will continue for the period of time Paragraph 3. An employee shall be required to use accrued annual, personal, compensatory and holiday leave upon commencement of military exigency leave. Such annual, personal, compensatory and holiday leave will run concurrently with and reduce the twelve week entitlement to leave without pay with benefits.
MILITARY EXIGENCY LEAVE. Eligible employees may take exigency leave as described below:
1. Leave to allow an employee who has a spouse, son or daughter, or parent in the Regular Armed Forces, National Guard or Reserves to take FMLA leave due to a Military Qualifying Exigency resulting from the covered family member’s active military duty or Call to Active Duty Status.
MILITARY EXIGENCY LEAVE. Military Exigency Leave falls under FMLA as a result of an urgent situation where a covered military member in the National Guard or Reserves is on active duty or called to active duty status in a foreign country, or is a member of the regular Armed Forces on duty while deployed to a foreign country (includes international waters). A covered military member includes the employee’s spouse, domestic partner, child, stepchild, adopted child, or parent on active duty or called to active duty status.
MILITARY EXIGENCY LEAVE. Unit members seeking to use Military Exigency Leave are required to provide the District with (1) as much notice of the need for leave as is reasonable and practicable under the circumstances; (2) a copy of the covered military member's active duty orders when the unit member requests leave and/or documentation (such as Rest and Recuperation leave orders) issued by the military setting forth the dates of the military member’s leave; and (3) a completed Certification of Qualifying Exigency form within fifteen (15) calendar days, unless unusual circumstances exist to justify providing the form at a later date.
