When an employee has followed leave procedures and provided acceptable evidence to his/her leave-approving official (i.e., properly authorized military orders), approval of leave requests for military service may be mandatory. 

An eligible employee must be granted, upon request, military leave to which he or she is entitled for performance of active duty or active duty for training. With the exception of military leave granted under 5 U.S.C. 6323(b) and 5 U.S.C. 6323 (c), accrued annual leave, accumulated compensatory time, or LWOP shall not be granted for such active duty until the employee has used all available military leave. 

If a full or part-time employee (other than a temporary appointee) who is a reservist or National Guardsmember is not entitled to or has exhausted his or her military leave, he or she shall be granted annual leave, restored annual leave, accrued compensatory time, accrued compensatory time off for travel, accumulated credit hours, or LWOP, as requested, for performance of active or inactive duty.

In the case where a reservist or National Guardsmember is ordered to an initial period of active duty of not less than three months, the employee may be granted annual leave, restored annual leave, accrued compensatory time, accrued compensatory time off for travel, accumulated credit hours, or LWOP, as requested, after first exhausting military leave. However, if an employee is to continue on active duty for an extended period (usually more than one year) he or she shall be separated after exhausting any requested military leave since the employee’s entitlements, if eligible for restoration, would be the same as if continued in a leave status. 

An employee who is entitled to 176 hours (22 workdays) of military leave under 5 U.S.C. 6323(b) may be granted accrued annual leave or accumulated compensatory time prior to exhausting the military leave available under 5 U.S.C. 6323(b). However, unused military leave under 5 U.S.C. 6323(a) may only be granted once all military leave under 5 U.S.C. 6323(b) is exhausted (49 Comp. Gen. 233).

When leave authorized by 5 U.S.C. 6323 (a) or (b) is exhausted, an agency head may not exercise his or her authority to excuse the employee for absence without charge to annual leave, accrued compensatory time, or LWOP in order to increase the number of days the employee is entitled or may accrue and accumulate for military duty (49 Comp. Gen. 233).

A temporary employee (appointed for less than one year) may be granted accrued annual leave, accumulated compensatory time, or LWOP for performance of active or inactive duty.

References

 5 U.S.C. 5519 and 5 U.S.C. 6323
 Public Law 106-554, December 21, 2000
 Public Law 108-136, November 24, 2003
 Comptroller General decisions: 

• B-227222 (Entitlements, issued 11/05/78);
• B-211249 (Incompatibility with Civilian Service, issued 09/20/83); and
• B-241272 (Duty into New Leave Year, issued 02/15/91)

Updated December 2008