Overview of Military Related Absence Laws
Like all US employers, charter schools have a responsibility to support our Nation’s security by providing a stable employment environment to employees called to serve in the military—and to their families, who must continue to thrive without them. The comfort and security provided by a guaranteed job to return to and benefits to rely on can make all the difference to an employee on military assignment.
Click here to register now for the “Military Leave for School Employees” online course
These days, more and more employers are seeing employees either undergoing military training, leaving for active duty, or returning from military service. It is important to know the basic legal issues associated with employees on military duty. Managing military leave from a school district perspective can create challenges for HR staff as they navigate leave options and federal and state requirements.
Determining which leave and requirements apply depends on whether the employee is taking leave for active duty, for a family member’s covered active duty, or to care for a covered service member or veteran with a serious illness or injury as a result of active duty.
The U.S. Congress and the State of Texas have enacted leave laws that recognize and address the impact of military service on both service members and their families, and many employers go above and beyond what is required by law to support the need for military-related absences.
Federal laws that offer assurances and protections to the military affiliated employee include Uniformed Services Employment and Reemployment Rights Act (USERRA) and some provisions of the Family Medical Leave Act (FMLA).
In short, USERRA offers important benefits to workers who enter (or return to) military service while employed. These benefits are related to protection from discrimination, job protection for 5+ years, protection from discharge, and health and pension plan continuation.
The FMLA includes job protected leave provisions of up to 12 workweeks per 12 month period for family members of current servicemen and women, to care for their serious injury or illness incurred in the line of duty on active duty.
Texas also includes additional support for our servicemen and women as outlined in Texas Government Code 437.202. Up to 22 days (15 regular, 7 additional for disaster response) of paid leave is authorized to military and National Guard service members.
Lastly, it is common that employers may adopt local policy with unique leave and benefit provisions for servicemembers. These vary from organization to organization, but all share the spirit of support for the people that serve and protect our Nation.
In all of these instances, specific qualifiers and exceptions apply.
Questions?
- Visit the Charter School Community Roundtable, to ask questions, get answers and discuss this topic.
- Register now for the online course – “Military Leave for School Employees.”