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Use of Other Types of Leave
In accordance with the Uniformed Service Employment and Reemployment Rights Act (USERRA) and regulations at 5 CFR 353.208 implementing USERRA, an performing service (i.e., active duty or active/inactive duty training) with the uniformed services is entitled to use any accrued annual leave, military leave, earned compensatory time off for travel, or accrued sick leave (consistent with the statutory and regulatory criteria for using sick leave), during such service. Employees must request the use of leave and may use such leave intermittently with LWOP while on active duty or active/inactive duty training.
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where training is scheduled to take place, unless military orders encompass the period of travel time required (see unpublished Comptroller General decision B-138990, April 22, 1959); or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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