| n Military Leave 15 days n Military Support of Civil Authorities n DC National Guard |
MILITARY LEAVE - 15 Days
Legal Basis:
5 USC 6323(a)
An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces.
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:
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.
5 U.S.C. 6323(b) provides 22 workdays per calendar year for emergency duty as ordered by the President or a State governor. An employee’s civilian pay is reduced by the amount of military pay for the days of military leave. An employee may choose not to take military leave and take annual leave in order to retain civilian and military leave.
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.
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.
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.
An employee can only be charged military leave for hours during which the employee would otherwise have worked and received pay.
The minimum charge to military leave is 1 hour. Additional charges for military leave are in multiples of the minimum charge.
Members of the Reserves and/or National Guard no longer are charged military leave for non-duty days (typically weekends and holidays) that occur within the period of military service.
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.
Weekends and holidays occurring wholly within the period of active military duty are counted as days of military leave.
Weekends at the start or end of active military duty are not counted.
Each drill or other inactive duty training event is to be treated separately for purposes of charging military leave.
MILITARY SUPPORT OF CIVIL AUTHORITIES - 22 Work-days
Legal Basis:
5 USC 6323(b)
Purpose:
To provide members of a Reserve component of the Armed Forces or the National Guard with
leave without loss of, or reduction in, pay, leave to which otherwise entitled, credit for
time or service, or performance or efficiency rating, when performing Federal service or
full-time military service for the purpose of providing military aid to enforce the law or
to assist civil authorities in the protection of life or property or the prevention of
injury.
Appropriate Uses:
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 life
or property or the prevention of injury.
Eligible Employees:
Same requirement as 6323(a)
Accrual Rate:
Leave granted by this subsection shall not exceed 22 work-days in a calendar year. Leave
is credited at the beginning of each calendar year. There is no minimum service
requirement prior to crediting use of the leave. There is no proration for a partial year.
Leave unused at the end of the calendar year cannot be carried into the next calendar
year.
Charging:
Leave is charged in increments of hours and only for absence of assigned duties.
Intervening h olidays, weekends, and non-duty time is not charged as it is for regular
military leave.
Pay Offset Provisions :
When military leave is used for the purpose of providing military aid to enforce the law
or for the purposes of providing assistance to civil authorities, the employee's civilian
basic pay is offset by the amount of military pay received for days that would otherwise
have been civilian duty days. When military pay exceeds the employee's basic pay, no
civilian pay is received. Non-workdays and holidays are not included in calculating the
offset to civilian pay. (NOTE: Military pay does not include reimbursement for travel,
transportation, and per diem allowances.)
The offset of civilian pay is computed on a daily basis, as it is paid on a daily basis. It is not prorate hourly.
When an employee elects to use annual leave or compensatory time off in lieu of military leave, the offset rules do not apply and the employee receives full military and civilian pay.
Background:
Until FY 1996, employees performing were required to exhaust their military leave under
6323(b) before they could use available annual leave or compensatory time off. The
National Defense Authorization Act for FY 1996 now gives the employee the option to use annual leave or compensatory time off even if they
have not exhausted their 6323(b) leave.
SPECIAL PROVISIONS FOR MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD
Legal Basis:
5 USC 6323(c)
Purpose:
Employees who are members of the National Guard of the District of Columbia
are entitled to unlimited leave without loss in pay or time for each day of a parade or
encampment ordered or authorized under Title 39, District of Columbia Code. This provision
covers each day of service the National Guard, or portion thereof, is ordered to perform
by the Commanding General.
Eligible Employees:
Same requirement as 6323(a)
Accrual Rate:
There is no limit on the number of days of military leave which may be granted.
- Charging:
Military leave is chargeable on a calendar day basis.
Pay Offset Provisions:
When military leave is used for the purpose of providing military aid to enforce the law
or for the purposes of providing assistance to civil authorities, the employee's civilian
basic pay is offset by the amount of military pay received for days that would otherwise
have been civilian duty days. When military pay exceeds the employee's basic pay, no
civilian pay is received. Non-workdays and holidays are not included in calculating the
offset to civilian pay. (NOTE: Military pay does not include reimbursement for travel,
transportation, and per diem allowances.)
The offset of civilian pay is computed on a daily basis, as it is paid on a daily basis. It is not prorate hourly.
When an employee elects to use annual leave or compensatory time off in lieu of military leave, the offset rules do not apply and the employee receives full military and civilian pay.
