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Human Resources Desk Guide (HRDG)

Subchapter 4630 - Absence and Leave 
Section H - Absences to Perform Duty with the Uniformed Services

 



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Purpose

The purpose of this Section is to provide guidance regarding voluntary and involuntary absences of employees for duty in the uniformed services as authorized by:

  • Public Law 103-353, Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as it relates to absences of any employee to perform military duty; and
  • 5 U.S.C. 6323 relating to military leave for reservists and members of the National Guard.


Such absences from duty, as authorized by the applicable laws, will be granted to eligible employees.

Definitions

Leave of absence - Military leave, annual leave, leave without pay (LWOP), furlough, or any combination of these.

Military leave - Paid leave provided to reservists and members of the National Guard under 5 U.S.C. 6323.

Notice - Any written or verbal notification of an obligation or intention to perform service in the uniformed services provided to an agency by the employee performing the service or by the uniformed service in which the service is to be performed.

Service in the uniformed service - Performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority. It includes active duty, active duty for training, initial active duty for training, inactive duty trai ning, full-time National Guard duty, and a period of absence for the purpose of examination to determine fitness to perform such duty.

Uniformed services - The Armed Forces, the Army National Guard, and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the Commissioned Corps of the Public Health Service; a nd any other category of persons designated by the President in time of war or emergency.

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Additional Information