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Updated Guidance for Filing Claims for Annual Leave as a Result of the Decision in Butterbaugh v. Department of Justice


The Butterbaugh Federal Circuit court case decision stated that since the October 1, 1980 amendment to 5 USC 6323(a), employees must only be charged military leave for workdays. This means that since October 1, 1980, employees were entitled to 15 workdaysof military leave, not 15 calendardays, as was previously interpreted. Recent Merit Systems Protection Board (MSPB) cases have also upheld that there is no statute of limitations for filing claims, and claims may go back to October 1, 1980. By memorandum dated July 23, 2007, the Office of Human Capital Management, USDA, has reiterated the MSPB rulings. This means that:

  • Claims going back to October 1, 1980, may be filed by current and separated employees, including retirees. Employees who have already had their claims processed may request that their claim be amended (supporting documentation is required)
  • Employees must provide proof that they engaged in one or more periods of active military duty that included non-workdays during the applicable claim period. Examples of proof include a copy of orders or a certification of attendance
  • Employees must provide a copy the T&A (s) for the time period (s) in question, and a leave audit for each year a claim is being made.
  • Annual leave credited as a result of a claim will be placed in a restored leave account, and the restored leave must be used by the end of the leave year that is in progress two years after the date of restoration
  • Claims for credited annual leave made by separated employees will be paid out.

Please mail claims to:

Leave and Compensation Team
250 Marquette Ave STE 410
Minneapolis, MN 55401-2329
or fax to (612) 336-3544

For more information, go to or Click Here (PDF)


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