Mich teacher must cover cost of sub while on military duty

[Katarina]

<snip>
GRAND RAPIDS -- A Michigan school district told a teacher activated for military duty that he must cover the cost of a substitute during part of his absence and give the district some of his military pay.


At a school board meeting this week, angry teachers, students and district residents criticized the decision by administrators at Kenowa Hills Public Schools.


"Is this how you treat people that defend your country?" Tom Lovett, a teacher's spouse and district resident, asked board members.

http://www.freep.com/news/latestnews/pm18723_20040303.htm

:wtf: Forgive my ignorance, but is this even legal? So much for God Bless our troops.

[bif]

1. Ah yes, Grand Rapids

Home of Amway and a bastion of the Dutch Reform Church!

[Love Bug]

2. What does the teacher's union have to say about this?

This can't possibly be legal, can it?

[Bandit]

8. Didn't you know the Bush* Administration has labeled them Terrorists

They are not permitted a say.

[northzax]

3. read the article

unlike every other teacher in the state, this guy gets paid for his time off. he comes out something like 570 dollars ahead. And the school district is planning to rewrite the regulations, to be in line with the unpaid leave every other state employee gets.

[lazarus]

4. OTOH

if you read the article, he's actually making a profit on the deal.

They could have decided not to pay him, the way most companies do.

[Katarina]

6. But...

It still says:

<snip>
During the 10 days Bernhardt will be gone from the classroom, he will use two personal days and two compensation days during his time off.


For the remaining six days, Bernhardt must pay the district $74 per day for the substitute teacher filling in for him and turn over the $78 in salary that he will receive each day from the National Guard, The Grand Rapids Press reported.


In all my years of working and doing payroll I have never heard of a person having to pay a company while on military leave. :crazy:

[leetrisck]

7. Why wouldn't the school just pay the sub

with the money used to pay the regular teacher - a few places continue to pay employees when they are activated (for awhile) but not many. Don't imagine many schools could pay the double salary. My sympathy is always with teachers but this sounds very convoluded.

[Pale_Rider]

12. $74 per day for a substitute teacher?

That's outrageous! That's how much I was making as a substitute nearly 20 years ago!

[Florida_Geek]

5. Two weeks in Italy

sounds like a nice vacation to me.

[happyslug]

9. 38 USCA § 4311 seems to cover this

38 USCA § 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person
(1) has taken an action to enforce a protection afforded any person under this chapter (38 USCS §§ 4301 et seq.),
(2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter,
(3) has assisted or otherwise participated in an investigation under this chapter (38 USCS §§ 4301 et seq.), or
(4) has exercised a right provided for in this chapter (38 USCS §§ 4301 et seq.). The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services.

(c) An employer shall be considered to have engaged in actions prohibited--
(1) under subsection (a), if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or
(2) under subsection (b), if the person's (A) action to enforce a protection afforded any person under this chapter (38 USCS §§ 4301 et seq.), (B) testimony or making of a statement in or in connection with any proceeding under this chapter (38 USCS §§ 4301 et seq.), (C) assistance or other participation in an investigation under this chapter (38 USCS §§ 4301 et seq.), or (D) exercise of a right provided for in this chapter (38 USCS §§ 4301 et seq.), is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right.

(d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C) of this title.

[happyslug]

10. Simply put

Simply put since a benefit of Employment is full pay and the right NOT to pay for a replacment, Section 4311 (a) clearly prohibits this action by the School Board.

Now the School District does not have to PAY the teacher during his two weeks (And he does not have to take any personal days or vacation days for service). The problem is that the payment by the teacher for a subsitute teacher is I beleive illegal under 4311 (a).

[Turbineguy]

11. Sounds like they could use

some new administration officials. Like ones with a brain.

[cmd]

13. A sticky area

For the personal and comp days he is probably going to have to give the district the money he made from the guard. The district is paying him for those days. The other six days that he will be off will be unpaid leave of absence. He probably is required to pay a sub during that time. The money he makes on weekend guard duty should be his to keep. It sounds like the school district is using the weekend pay to show that he will be making more money than he would if he was in the classroom. That part is dirty politics.

This is typical of board action. This is why there is an NEA and a Federation of American Teachers. This is why teachers must have union representation.