Military Duty & Reintegration Policy
Policy text
Source details
Source file: 4.27 Military Duty & Reintegration Policy.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 4.27
Subject:
Military Duty & Reintegration
Issuing Authority: Effective Date: Review Date:
Chief of Police 12/21/2023
References:
Review
Revision
Reissued
Dates:
STANDARDS: 22.2.1
Policy The Canton Police Department is proud to have some of its members
as retired or active military service members. The Department has set
this policy to help those members who are in active status and have
been deployed in the three phases of their deployment – pre-service,
service, and post-service or reintegration within the Canton Police
Department.
This policy can assist all military employees (sworn and non-sworn) in
deployment and training with specific reference to employees with a
military leave of absence/activation exceeding 180 days. 22.2.1 (1)
For leave less than 180 days, employees will have the same benefit as
if they were working while on leave.
National Employees do not need authorization of the Chief of Police to join the
Guard and Massachusetts National Guard, Air National Guard, or Armed Forces
Reserve Reserve.
The Deputy Chief of Administration will work with the Town’s Human
Resources Department in assisting the military member in benefits
collection and any other services needed by the employee. (S)he will
act as a liaison with the employee’s family members should they
require any assistance during an employee’s deployment or training or
reintegration back to work for the Canton Police Department. The
Deputy Chief of Administration will give the employee written notice
that he/she will be their liaison. 22.2.1 (2b c d)
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The employee shall give the Chief of Police oral or written notice of
military duty well in advance, if possible, to minimize affecting other
employees. In addition, they should provide a hard copy of the
deployment order from their branch of service upon receipt of such
order. 22.2.1 (2a) Notice may be waived for military necessity or
otherwise unreasonable.i Employees may be required to provide the
department with a copy of military orders in order to receive pay while
engaged in military duty.
Employers may not discriminate against employees because of their
membership in the National Guard or Reserves. To do so is a violation
of criminal law.ii Employers must afford members all rights under
statutes adopted by the municipality and other applicable statutes
under Chapters 32 and 33 of the Massachusetts General Laws. The
Town of Canton has adopted the following statutes:
• Chapter 33: Section 59. Effect of military service on salary or
vacation allowance of public employees; and
• Chapter 33: Section 59A. Military service of public employees;
work release for drills.
• Employers must afford members all rights under the Uniformed
Services Employment and Reemployment Rights Act of 1994
Title 38 of the U.S. Code 4301- 4334.
Training and Because the Town of Canton has adopted MGL c. 33, s. 59, an
Mobilization employee on active duty (for deployment or training) as a member of
the Massachusetts National Guard will continue to receive his/her
regular pay and benefits and accrue sick and vacation time. An
employee on active duty (for deployment or training) as a member of
the United States Armed Forces Reserves will continue to receive
his/her regular pay and benefits and accrue sick and vacation time. iii
Employees may elect to use accrued vacation, compensatory time, or
personal time during any additional active-duty days. The Town
Manager shall determine any additional benefits or compensation
covered by the Town of Canton during an employee’s mobilization or
deployment.
As a part of the out-processing of the activated military employee
certain activities will take place 22.2. (2c e f) -
1. All deployment paperwork will be collected and filed by the
Deputy Chief of Administration. This may also include any
documentation that the Department has with the military branch.
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2. Employees deployed for longer than 180 days should store all
agency issued property (cruisers, lethal and non-lethal
weapons, specialty uniforms or specialty equipment, etc.). The
Deputy Chief of Administration will house the equipment and
keep a list of what the agency has stored. All stored property
should be kept in a condition of operational readiness. 22.2.1
(2e).
3. The Chief of Police or the Deputy Chief of Administration will
conduct and document an exit interview with the employee.
The interview should include benefits discussing, deployment
length, and expectations of when the employee returns. The
documentation should reflect a summary of the interview and
what benefits the employee is accruing and how pay will be
collected by the employee (i.e. direct deposit or will family be
picking up paycheck, etc.). 22.2.1 (2f)
Employment As a part of the post service phase, the employee will go through
Upon Return some in-processing activities.
from
Mobilization 1. The employee is obligated to provide the department advanced
notice, once having received a discharge, and must return to
work promptly upon discharge.iv
2. An interview with the Chief of Police or the Deputy Chief of
Administration must be documented with the returning
employee. To include but not limited to the trainings, re-
qualifications, or recertifications that are to be performed and
when they will be completed by and any other services that
employee should now require because of their military service.
22.2.1 (2g,h)
3. The Deputy Chief of Administration should also document that
all benefits have resumed their normal distribution to the
employee should they have been put into someone else’s name
during deployment (i.e. paycheck now to the employee, not the
family member). A returning member is entitled to seniority and
other rights and benefits determined by seniority as if he/she
had not been mobilized. This includes but is not limited to:v
• Vacation time;
• Longevity;
• Shift Bidding.
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4. Employees should be reissued any stored property and should
sign for their receipt of such property to ensure that it is
operational. If the property is not operational or functioning
property, they should be re-issued new property.
5. Documentation of completed required training – qualifications,
policy updates, in-service, etc. 22.2.1 (2h)
The Accreditation Manager should be given copies of all documents
from the out-processing activities, the in-processing activities, and
documentation that all required training was completed. 22.2.1 (a b e f
g h)
iSec. 1002.85; The Department of Defense USERRA regulations at
32 CFR 104.3 provide that an "appropriate officer" can give notice
on the employee's behalf. An "appropriate officer" is a
commissioned, warrant, or non-commissioned officer authorized to
give such notice by the military service concerned; 38 U.S. Code
4312(b)
ii M.G.L. c. 33, §13.
iii M.G.L. c. 33, §59. The municipality for this benefit to apply
must adopt this section.
iv Uniformed Services Employment and Reemployment Rights Act
of 1994, Title 38 of the U.S. Code 4301.
v 38 U.S. Code 4316(a).
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