A. 5 U.S.C. 6323 (a) authorizes 120 hours (15 days) of military leave per fiscal year (FY). This type of military leave is applicable to members of the Army, Naval, Marine Corps, Air Force, or the Coast Guard Reserves, including the National Guard of the District of Columbia (DC). 

Applicable Uses. This type of military leave may be used for active duty, active and inactive duty training, or engaging in field or coast defense training at encampments, maneuvers, outdoor target practice, or other exercises. Inactive duty training is authorized training performed by members of a Reserve component not on active duty and performed in connection with the prescribed activities of the Reserve component. It consists of regularly scheduled unit training periods, additional training periods, and equivalent training. (For additional information, see Department of Defense Instruction Number 1215.6, March 14, 1997.)

Crediting the Leave. Eligible employees are to be credited with this type of military leave at the beginning of, or upon the first appointment in the FY, regardless of how long the employee is expected to be employed or whether he or she is expected to go on active duty before separation. The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. However, as each hour is reported as used, the balance of what has been used will be reflected in the leave record.

Maximum Accruals. Full-time employee may accrue 120 hours (15 days) of military leave under this authority. Unused military leave may be carried over into a succeeding FY year providing for a maximum balance of up to 240 hours (or 30 days) during a FY. If the carried over military leave is unused by the end of the current FY, it is forfeited and may not be restored for use. 

Part-time employees and employees on uncommon tours of duty accrue military leave on a prorated basis, proportional to the number of hours in the employee’s regularly scheduled biweekly pay period.

Charging Military Leave. Although this type of military leave is generally referenced in 8-hour workdays, it is measured in increments of one hour. The minimum charge is one hour. An employee is charged military leave only for hours that the employee would have worked and received pay. 

An employee who requests military leave for inactive duty training (usually 2, 4, or 6 hours in length) is charged only for the amount of military leave necessary to cover the period of military training and necessary travel. Hours in the regularly scheduled workday that are not chargeable to military leave must be worked or charged to another category of leave; e.g., annual leave, LWOP, compensatory time, as appropriate.

Non-Duty Days. Members of the Reserve and National Guard are not charged military leave for non-duty days (i.e., weekends and holidays) that occur within the period of military service. 

Salary Payments – Employees on military leave under 5 U.S.C. 6323 (a) are entitled to retain both their military and Federal civilian pay. 

B. 5 U.S.C. 6323 (b) authorizes 176 hours (22 days) per calendar year (CY).  This military leave is referred to as “emergency military leave” and is ordered by the President, the Secretary of Defense, or a State Governor. 

Applicable Uses. This type of military leave is applicable to employees who perform military duties in support of civil authorities in the protection of life and property or who perform full-time military service as a result of a call or order to active duty in support of a contingency operation. 

Effective November 24, 2003, all employees who are activated in support of the national emergency declared by the President (resulting from the terrorists attacks on the World Trade Center and the Pentagon) are entitled to the 176 hours of military leave under this authority. 

Crediting the Leave. This type of military leave is credited on a CY basis and unused leave may not be “carried over” to a new year. The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. As it is used, the balance of what has been used will be reflected in the leave record. The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. However, as each hour is reported as used, the balance of what has been used will be reflected in the leave record.

Maximum Accruals. Full-time employee may accrue 176 hours (22 days) of military leave under this authority. Unused military leave may not be carried over into a succeeding CY year. 

Part-time employees and employees on uncommon tours of duty accrue military leave on a prorated basis, proportional to the number of hours in the employee’s regularly scheduled biweekly pay period.

Charging Military Leave. Although this type of military leave is generally referenced in 8-hour workdays, it is measured in increments of one hour. The minimum charge is one hour. An employee is charged military leave only for hours that the employee would have worked and received pay. 

Non-Duty Days. This type of military leave is not charged for weekends and holidays.

Salary Payments – Employees on military leave authorized under 5 U.S.C. 6323 (b) are not entitled to retain both their Federal civilian and military salary payments. These employees are subject to the dual compensation restriction and receive the difference between their military and Federal civilian pay (or the greater of the two) for the 22-day period, which allows the mobilized Federal employee who makes more money in his/her civilian position to receive the difference. Military pay received (excluding travel, transportation, or per diem) must be offset against the pay the employee received from his/her civilian position. 

Bureaus or operating units have the discretion to continue to pay the employee the full Federal civilian pay during the 22 workdays of military leave. However, at the end of the 22-day period of military leave, the employee must refund an amount equal to the amount of military pay received (less any travel, transportation, or per diem allowances) up to the amount of the Federal civilian pay for the time period that corresponds to the 22 workdays of military leave. 

If an employee elects to use personal accrued and available leave (e.g., accrued annual leave, available compensatory time off or credit hours) in lieu of the military leave, the pay offset is not applicable and the employee is entitled to retain both full military and Federal civilian pay. This period of absence may not be charged to sick leave.

C. 5 U.S.C. 6323(c) authorizes unlimited military leave.  This type of military leave is applicable to members of the DC National Guard for certain types of duty (i.e., serving in a parade or encampment) ordered or authorized under title 39 of the DC Code. An employee must have a Uniform Service Status code of 8 (retired military and DC National Guard) or 9 (DC National guard) established in the National Finance Center to be eligible for this type of military leave. 

Applicable Uses. This type of military leave is limited to serving in a parade or encampment, or drills and training under the authority of the Commanding General of the DC National Guard. It is not appropriate for extended active duty in connection with the current national emergency resulting from the terrorist attacks on the World Trade Center and the Pentagon. 

Crediting the Leave. This type of military leave is credited on a CY basis and unused leave may not be “carried over” to a new year. The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. As it is used, the balance of what has been used will be reflected in the leave record. The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. However, as each hour is reported as used, the balance of what has been used will be reflected in the leave record.

Maximum Accruals. Full-time employee may accrue 176 hours (22 days) of military leave under this authority. Unused military leave may not be carried over into a succeeding CY year; each CY starts with a zero balance.

Salary Payments. Employees on military leave authorized under 5 U.S.C. 6323 (c) are entitled to the greater of the Federal civilian or military pay, but not both. Any salary payments the employee receives while on this type of military leave (other than travel, transportation, or per diem) is to be credited against the salary pay received in the Federal civilian position during the employee’s absence to perform the military duty. If an employee elects to use personal accrued and available leave (e.g., accrued annual leave, available compensatory time off) in lieu of the military leave, the pay offset is not applicable and the employee is entitled to retain both full military and Federal civilian pay. 

D. 5 U.S.C. 6323(d) authorizes 352 hours (44 days) of military leave. This type of military leave is applicable for Reserve and National Guard Technicians only. The active duty orders for this type of military leave must cite 10 U.S.C. 12315, 12301(b), or 12301(d) for an employee to be eligible for this entitlement.

Applicable Uses. This type of military leave is for active duty without pay for participation in noncombat operations outside the United States, its territories, and possessions. This military leave is not appropriate for extended active duty in connection with the current national emergency resulting from the terrorist attacks on the World Trade Center and the Pentagon. 

Crediting the Leave. This type of military leave is credited on a CY basis and unused leave may not be “carried over” to a new year. The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. As it is used, the balance of what has been used will be reflected in the leave record. The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. However, as each hour is reported as used, the balance of what has been used will be reflected in the leave record.

Maximum Accruals. Full-time employee may accrue 352 hours (144 days) of military leave under this authority. Unused military leave may not be carried over into a succeeding CY year.

Salary Payments. Employees on this type of military leave retain their Federal civilian pay and do not receive military pay since they are on active duty without pay.