HRDG 4630 - Absence and Leave - Section H - Subsection c

Eligible employees are entitled to military leave under this provision to provide military aid to enforce the law when they:

• Perform Federal service;
• Perform full-time military service for a State, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, or a territory of the United States. Full-time service includes the time an employee reports until the time he/she is rel ieved by appropriate orders; or
• Are activated to assist civil authorities in the protection or saving of life or property or the prevention of injury. The most common activation of National Guardsmen and Reservists for these purposes is general assistance in response to a natura l disaster, such as an earthquake or hurricane.

Use of military leave under this provision is subject to the following conditions and requirements:

• Excused absence may not be granted to an employee who has used all available military leave under this provision. However, if such employee is ordered to perform additional periods of active military service, he/she will be granted annual l eave, LWOP, or any unused military leave available for training and duty.
• Employees ordered to perform duty under 5 U.S.C. 6323(b) may request to use accrued annual leave or available compensatory time/credit hours for such absence instead of being charged military leave. This period of absence may not be charged to sick leave.

Employees on military leave under 5 U.S.C. 6323(b) are entitled to the same compensation, including premium pay, that they would have received if work had been performed in their civilian positions on the days and hours they were required to be absent. The gross amount of military pay which they receive for a day on which they would otherwise work is deducted from their civilian pay for that day. However, employees are entitled to retain military pay:

• For a day on which they do not receive civilian pay,
• To the extent that it exceeds their civilian pay for any day or part of a day, and
• For any period they elected to use accrued annual leave or available compensatory time instead of being charged military leave.

In order to adjust the amount of civilian pay, the employee should:

• Submit a check or money order, payable to the agency, for the gross amount of military pay for the days the employee also received civilian pay (refer to the table in Section D, Subsection a, "Disposal of Nonretainable Fees" for more information); or,
• Submit a request to the servicing personnel office that collection of the gross amount be offset against his/her civilian pay. The request should include documentation specifying the amount to be deducted from the civilian pay.

If the employee is unable to provide the specific information on military pay, the supervisor should obtain necessary information from the military organization involved and initiate action to offset the employee's civilian pay as required.