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Legal Basis:
5 USC 6323(a)
Employees are entitled to leave without loss of pay or service credit for certain types of duty in the National Guard or as a Reserve of the Armed Forces.
Eligible Employees:
Any full-time Federal civilian employee whose appointment is not limited to 1 year is entitled to military leave. Military leave is prorated for part-time career employees.
Temporary and intermittent employees are not eligible for military leave.
Types of Military Leave:
15 days of Military Leave - 5 U.S.C. 6323(a) provides for the accrual of 15 calendar days of military leave at the beginning of the fiscal year for active duty, active duty training, and inactive duty training. An employee can carry over a maximum of 15 days into the next fiscal year. An employee’s civilian pay remains the same for periods of military leave, including any premium pay an employee would have received if not on military leave.
Inactive Duty Training is training performed by members of a Reserve component not on active duty and performed in connection with the prescribed activities of the Reserve component.
22 days of Military Leave - 5 U.S.C. 6323(b) provides 22 workdays per calendar year for emergency duty as ordered by the President or a State governor. This involves active duty:
· performed for the purpose of providing military aid to enforce the law or for the purposes of providing assistance to civil authorities in the protection or saving of life or property or the prevention of injury or
· performed under full-time military service as a result of a call or order to active duty in support of a contingency operation* as defined in section 101(a)(13) of title 10, United States Code.
An employee receiving 22 days of military leave will have civilian pay reduced by the amount of military pay during this period of military leave. An employee may choose not to take military leave and take annual leave in order to retain civilian and military leave.
* The term "contingency operation" means a military operation that:
· is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
· results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a),12302,12304,12305, or 12406 of title 10, United States Code, chapter 15 of title 10, United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress.
National Guard of the District of Columbia- 5 U. S. C. 6323(c) provides unlimited military leave to members of the National Guard of the District of Columbia for certain types of duty ordered or authorized under title 39 of the District of Columbia Code. An employee’s civilian pay remains the same for periods of military leave, including any premium pay an employee would have received if not on military leave.
Reserve and National Guard Technicians - 5 U.S.C. 6323(d) provides that Reserve and National Guard Technicians only are entitled to 44 workdays of military leave for duties overseas under certain conditions.
Accrual of Leave:
A full-time employee working a 40-hour workweek will accrue 120 hours (15 days x 8 hours) of military leave in a fiscal year.
Military leave is prorated for part-time employees and employees on uncommon tours of duty based proportionally on the number of hours in each employee’s regularly scheduled biweekly pay period. Examples of part time and uncommon tour entitlements are below:
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Hours in the Biweekly Pay Period
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Ratio of hours in the regularly scheduled pay period to an 80-hour pay period
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Hours of Military Leave Accrued Each Fiscal Year
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40 (part time employee)
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.5 (40 ¸80)
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(.5 x 120) = 60 hours
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106
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1.325 (106 ¸ 80)
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(1.325 x 120) = 159 hours
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144
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1.8 (144 ¸ 80)
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(1.8 x 120) = 216 hours
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Charging of Leave:
An employee can only be charged military leave for hours during which the employee would otherwise have worked and received pay. Employees may not be charged military leave for weekends and holidays that occur within the period of military service.
The minimum charge to military leave is 1 hour. Additional charges for military leave are in multiples of the minimum charge.
Employees who request military leave for inactive duty training will be charged only the amount of military leave necessary to cover the period of training and necessary travel. Hours in the civilian workday that are not chargeable to military leave must be worked or charged to another leave category, as appropriate.
NOTE: Military pay does not include reimbursement for travel, transportation, and per diem allowances.
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