An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia.” 1397 C. R EEMPLOYMENT A FTER M ILITARY L EAVE Employees returning from military leave are entitled to reemployment rights if:  The employee has given advance written or verbal notice of such military service to the school;

 The cumulative length of the absence and of all previous absences from a position of employment with that school by reason of military service does not exceed five years; and  The returning veteran reports to, or submits a reemployment application, to the school in accordance with the notice provisions listed below. 1398

A school is required to rehire an employee returning from military leave immediately upon the employee’s request to be reinstated. Federal law states that an employee shall be “promptly” reemployed. 1399 The notice requirements for reinstatement allow the school an opportunity to prepare to return the employee to his/her former position. The amount of notice an employee must provide the school of his/her intent to return to work depends on the amount of time the employee has been on military leave. Employees returning from active duty after serving in time of war or national emergency must seek reinstatement with their employer within six (6) months after completing military service, but not later than six (6) months after the end of the war, emergency, etc. Also, the right to reemployment does not extend to an employee who fails to return to his or her position within 12 months after the first date he or she could terminate his or her active service. 1400 An employee on military leave for reasons other than war or national emergency must seek reinstatement with his or her employer within a manner and time frame that depends on the length of his or her military leave. The notice requirements under federal law for reinstatement are calculated as follows:

 1-31 Days of Leave – The employee must report to the employer no later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of the period of service.  30-180 Days of Leave – The employee must submit an application for reemployment with the employer not later than 14 days after the completion of the period of service.  180+ Days of Leave – The employee must submit an application for reemployment with the employer within 90 days after the completion of the period of service. 1401

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 317