Avery County Schools Policy Policy Code: 7530


An employee will be eligible for all considerations of military leave in accordance with State Board of Education policy, the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), and Article 16 of Chapter 127A of the North Carolina General Statutes.

Employees are encouraged to schedule short periods of required active duty during vacation periods so as not to interfere with regular duties of the individual's employment.

A. Notice and Documentation Requirements

    1. Employee must provide to the superintendent advance written or oral notice of
       any absences due to military obligations, except in cases of emergency
       assignment or other conditions that make notice impossible or unreasonable.

  2. For leave periods exceeding 30 days, the employee must provide written
      documentation evidencing performance of military duty or identify the
      military command in order for the school to verify the request.

B. Short-Term Military Leave with Pay

    1. In accordance with State Board of Education policy, an employee who is a
       member of a reserve component of the U.S. Armed Forces may take up to 15
       workdays of paid military leave f or active duty training per fiscal year, which
       runs from October 1 through September 30. Members of the National Guard
       may take additional paid leave beyond these 15 days for special state activities
       when so authorized by the governor.

   2. After an employee has used all of his or her paid leave, the employee may
      choose to use any accumulated vacation leave, bonus leave, or comp time
      during the period of military service; however, no employee will be forced to
      use such paid leave during military service.

C. Unpaid Military Leave for Extended Active Duty

    1. Employees may take extended leaves of absence for state or federal military
       duty under honorable services status, for required training, or for special
       emergency management in accordance with state and federal law and State
       Board policy. Such leave is unpaid, except as described in paragraph C.2,
       below. The employee may use any available eligible paid leave prior to going
       on unpaid leave.
    2. During periods of extended military leaves, which must not exceed five years
       cumulatively plus any period of additional service imposed by law, the
       employee will be paid the difference in military base pay and state salary,
       including non-performance-based bonuses, when the military pay is less than

Avery County Schools Policy Code: 7530 Page 1 of 2 the state salary. Differential pay will be paid from the same source of funds as the employee’s public school salary. An employee may not receive differential pay while absent on any type of paid leave.

D. Reinstatement From Military Leave

    1. If the individual applies for reinstatement following separation from military
       duty, his or her reemployment and related rights are governed by the
       provisions of the USERRA (for members of reserve components of the U.S.
       Armed Forces, including members of the North Carolina National Guard
       returning from active federal duty) or Article 16 of G.S. 127A (for members
       of the North Carolina National Guard returning from active state duty).

    2. Employees must meet all applicable state or federal deadlines for reporting
       back to work or applying for reinstatement.

    3. Under certain circumstances, an employee may receive teaching experience
       credit and retirement credit for service in the military, in accordance with
       State Board regulations.

E. Explanation of Benefits

    When an employee is determined to be eligible for unpaid military leave under
    this policy, the superintendent or designee shall provide the employee with an
    explanation of his or her rights and benefits, including those related to leave,
    salary increases, medical insurance options, retirement status, the possibility of
    differential pay, and reinstatement rights.

F. Compliance with Other Requirements

    The board will follow and apply all other applicable legal requirements when
    administering military leave under this policy.

Legal References: Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. et seq.; 4301 G.S. 115C- -47; -302.1(g), -302.1(g1); 127A art. 16; 16 N.C.A.C. 6C .0406; North Carolina Public Schools Benefits and Employment Policy Manual, §§9.6 – 10.4 (2008-2009)

Cross References: Leave (policy 7510)

Adopted: 10/01/01 Revised: 4/10/18

Avery County Schools Policy Code: 7530 Page 2 of 2