Common use of Temporary Military Service Clause in Contracts

Temporary Military Service. 1. Employees shall be paid all salary and other benefits for any and all periods of absence while engaged in the performance of ordered temporary military duty and while going to and returning from such duty, as required by New York State Military Law. If possible, notice will be given the Building Principal or Supervisor at least two (2) weeks in advance and shall be transmitted, at the same time, in writing, to the Superintendent. Every effort shall be made by such employee affected by this Paragraph to serve temporary active duty obligations during periods of time when school is not in session and at the request of the Superintendent or his/her designee, such employee shall be required to provide evidence of such effort in the form of a written request to the appropriate military authority to serve at a time when school is not in session. The Board agrees to intervene with higher military authorities in an effort to assist the employee who is attempting to comply with this stipulation. It is the intention of the parties that employees shall not serve temporary voluntary military duty during the periods that school is in session. 2. Military leave of absence for employees shall be granted pursuant to the New York State Military Law and any other state or federal statutes which may apply. Such military leave of absence shall be granted to any employee while engaged in the performance of ordered military duty, and while going to and returning from such duty, as provided by law, except the term “ordered” shall not include those instances where the leave is as a result of employee contrivance, whether by planned acquiescence or other means direct or indirect, to arrange for such duty to be taken at a time when it is not actually required by the military and/or inconvenient to the needs of the District. Absence of an employee, pursuant to this Paragraph during time of national emergency, shall not constitute an interruption of continuous employment. An employee returning from military leave of absence shall be entitled to the full military service credit then allowed for salary purposes to new applicants for positions in the District. All provisions of this sub-paragraph shall be amended in accordance with any changes in federal or state legislation which delimit any of the above provisions.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!