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Pay Status During Period of Military Leave
An employee is entitled to any premium pay normally received for his or her regularly scheduled shift or tour of duty (i.e., overtime, night differential, standby, etc). An agency or work unit may not deny an employee any premium pay to which he or she is normally entitled by re-scheduling the employee to a shift that excludes premium pay because the employee has been ordered to military duty.
Military Leave Not Used for All Types of Military Duty
Military leave may not be granted for the following types of military duty:
- Summer training as members of Reserve Officers Training Corps when employees must be carried in a LWOP status;
- Temporary Coast Guard Reserve (see 23 Comptroller General 916);
- Participation in parades by members of the State National Guard;
- Training with a State defense organization or a State military organization which is not part of the National Guard, or any other organization created by the State in the absence of the State National Guard during an emergency (23 Comptroller General 92);
- Civil Air Patrol established as a civilian auxiliary of the United States Air Force (Act of May 1948, 62 Stat. 274);
- Time taken on a workday for traveling to the location where training is scheduled to take place, unless military orders encompass the period of travel time required (see unpublished Comptroller General decision B-138990, April 22, 1959); or
- Active duty as a commissioned officer in the Reserve Corps of the U.S. Public Health Service or the NOAA Corps.
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