(a) An employee of an Academy Charter School who transferred from the Department of Education shall be considered to be on three (3) years leave of absence from the Department of Education. The leave of absence shall commence on the initial date of employment at the Charter School. Upon request of the employee, the three (3) years leave of absence shall be renewed for up to two (2) additional one (1)-year periods, absent good cause.

(b) The time during which an employee is on a leave of absence shall be counted for service credit on the Department of Education’s salary schedule.

(c) During the period of time that an employee is on a leave of absence from the Department of Education and is actively employed by the Charter School, the Academy Charter School as

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the employer shall continue the retirement or other benefits previously granted to the employee make applicable retirement contributions.

(d) A leave of absence shall not be considered a break in service with the Department of Education with which and employee was previously employed.

(e) An employee who is on leave of absence and actively teaching at an Academy Charter School and who submits a notice of intent to return to a public school in which the employee was employed immediately prior to employment in the Charter School shall be given employment preference by the Department of Education if:

(1) the employee’s notice of intent to return is submitted to the Department of Education within three (3) years after ceasing employment with the Department of Education; and

(2) if the employee is a teacher, a position for which the teacher is certified or is qualified to become certified is available. If the employee is not a teacher, a position for which the employee is qualified is available.

(f) An employee who is on leave of absence and employed by an Academy Charter school and is discharged or terminated for just cause by the Academy Charter School may be considered discharged or terminated by the Department of Education.