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FOIA Number: 2013-0661-F
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This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
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Clinton Presidential Records
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Americorps
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General Files
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24230
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Folder Title:
Military Leave
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66
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4
2
United States
P.O. Box 2890
Department of
Miservation
P. Petterson
Washington, D.C.
Agriculture
Service
20013
447-5858
The reterve
September 2, 1982 5 aas
carryoner
9/82
GENERAL MANUAL (GM)
360-PERS
Amendment 15 (Part 415)
SUBJECT: PART 415 - MILITARY LEAVE
Purpose. To inform of new amendments to section 6323 of Title 5, U.S. Code,
which provided for accrual of military leave on a fiscal year basis, carry-
over employees. of unused military leave, and entitlement to military leave for part-time
Effective Date. Fiscal Year 1982.
ROBERT G. HALSTEAD
Deputy Chief for
Administration
Enclosures
Filing Instructions
Remove Pages
Dated
Insert Pages
Dated
415-11
Mar. 1979
415-11
415-12
Aug. 1982
Mar. 1979
415-12
Aug. 1982
DIST: GM
The Soll Conservation Service
is an agency of the
WO-AS-1
Department of Agriculture
10-79
SUBPART D - - MILITARY LEAVE
415.42(c)
$415.40 Definition.
Military leave is absence with pay for active duty or training.
Eligible employees can accure 15 days of military leave (less for part-time
employees) each fiscal year. Military leave which is unused at the end
of the fiscal year (not to exceed 15 days) should be carried forward for
use at the beginning of the new fiscal year. This could give a full-time
employee the potential of 30 days military leave during a fiscal year.
Thirty days is the maximum amount of military leave that can be used in
any fiscal year due to carryover. Military furlough is absence for an
extended time in active duty for general service with the Armed Forces.
$415.41 Eligibility.
(a) SCS employees who are in the Armed Forces Reserve or National
Guard, and serving under career, career-conditional, temporary appointments
pending establishment of a register, or indefinite appointment under
Schedule A are granted military leave or absence with pay not to exceed
15 calendar days in any fiscal year (less for part-time employees).
(b) Part-time employees earn military leave at the same ratio their
duty hours per pay period are to 80. For instance, if a part-time
employee works 60 hours per pay period, his military leave entitlement
is 11½ days (60-80 x 15). The fractional day is counted as 2 hours; it
is not rounded off.
(c) Employees with temporary appointments of less than one year, or
not to exceed one year, or with intermittent (WAE) work schedules are
not entitled to military leave. However, full-time employees and part-time
career employees with at least 16 hours and up to 32 hours per week with
permanent, TAPER, or term appointments, or temporary appointments of one
year or more, are entitled to military leave.
(d) Military leave unused in one fiscal year may be carried over
into the next fiscal year, up to a maximum of 15 days.
(e) Military leave is credited in full at the beginning of each
fiscal year. For example, a part-time employee working 60 hours per pay
period has 11½ days available for credit in the first pay period of the
fiscal year. If he carried over 5 days from the previous fiscal year,
he has 161 days available for immediate use.
415-11
(360-GM, Amend. 15, Aug. 1982)
PART 415 LEAVE
415.42
$415.42 Granting military leave.
(a) Employees who are in the Armed Forces Reserve and are called to
duty for a period of time beyond the amount of time that can be charged
to military leave, can use annual leave or leave without pay for the
excess period. Military leave may not be used for inactive duty training,
such as weekend drills or ROTC training.
(b) Nonworkdays occurring within a period of military duty must be
charged to military leave. For example, an employee absent on Friday
thru Monday for military training is charged with 4 days of military
leave, but an employee absent on Thursday and Friday who returned to
work on Monday is charged only 2 days of military leave, even if he or
she was actually engaged in military exercises during the 4-day period
including Saturday and Sunday.
(c) An employee who is a member of the Reserve or National Guard
can also be granted up to 22 workdays of emergency military leave in a
calendar year (1) if ordered to Federal military service during the
following: Insurrection in a State against its government; unlawful
obstruction, combination, assemblage, or rebellion against the United
States; interference with State and Federal law; or invasion or rebellion
against the United States if regular forces are unable to execute the
laws of the United States; or (2) if ordered to 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.
Deductions are made from the employee's SCS salary equivalent to the
amount of military pay received while serving on emergency military
active duty.
(d) Applications for military leave must be supported by a copy of
the employee's military orders directing the employee to report for
active duty for training. The administrative office is to approve
military leave of absence or military furlough when it receives a completed
SF-71 signed by a person authorized to approve leave.
(e) Requests for military leave and military furlough must be
approved in advance.
(f) For each employee entitled to regular military leave, the
number of days of unused military leave should be recorded in the remarks
section on the yellow and green copies of the time and attendance report,
so that the information is readily available in the preparing office and
in the administrative office. The number of days recorded in the "balance
to date" column opposite transaction code 65 cannot exceed 15 days (less
for part-time employees plus the carry-over from the current fiscal
year). Enter only military leave used in the leave status section.
415-12
(360-GM, Amend. 15, Aug. 1982)
Terrell, A.
Office of Personnel Management
Under wood, J.
FPM Letter 630-30
Yuhase,
Federal Personnel Manual System
Collinc, S.
Published in advance
Mitchell,
of incorporation in FPM
FPM Letter
630- 30
Supplement 990-2
SUBJECT:
Military Leave; Reserves and
RETAIN UNTIL SUPERSEDED
Washington, D. C. 20415
April 23, 1982
Heads of Departments and Independent Establishments:
1. Public Law 96-431, effective October 1, 1980, amended section 6323 of
title 5, United States Code, to provide accrual of military leave on a fiscal
year basis, carry-over of unused military leave, and entitlement to military
leave for part-time employees. Section 6323(a) now reads as follows:
(1) Subject to paragraph (2) of this subsection, an employee as
defined by section 2105 of this title or an individual employed by
the government of the District of Columbia, permanent or temporary
indefinite, is entitled to leave without loss of pay, time, or per-
formance or efficiency rating for active duty or engaging in field
or coast defense training under sections 502-505 of title 32 as a
Reserve of the armed forces or member of the National Guard. Leave
under this subsection accrues for an employee or individual at the
rate of 15 days per fiscal year and, to the extent that it is not
used in a fiscal year, accumulates for use in the succeeding fiscal
year until it totals 15 days at the beginning of, a fiscal year.
(2) In the case of an employee or individual employed on a part-time
career employment basis (as defined in section 3401(2) of this title),
the rate at which leave accrues under this subsection shall be a per-
centage of the rate prescribed under (1) which is determined by dividing
40 into the number of hours in the regularly scheduled workweek of that
employee or individual during that fiscal year.
2. OPM has received numerous inquiries regarding application of the provisions
of Public Law 96-431. The attachment to this letter lists some of the questions
received and our responses thereto. This FPM letter is prepared solely as
guidance for agencies since OPM has no regulatory responsibility in the area of
military leave. Agencies are reminded of their obligation to consult or nego-
tiate, as appropriate, with recognized labor organizations in the implementa-
tion of Public Law 96-431. It should be noted that the basic eligibility
requirements for military leave under the provisions of 5 U.S.C. 6323(a) remain
unchanged, e.g., the employee must be a member of a Reserve component of the
Armed Forces or the National Guard; must be serving in a permanent, temporary
indefinite, temporary pending establishment of a register, or term appointment;
and must be engaging in active duty or active duty for training. Military leave
1s not authorized for periods of inactive duty training (usually weekend drills)
(Comptroller General decision B-188145, November 15, 1977).
QnD
Donald J. Devine
Director
Attachment
Inquiries:
Advisory Services Section, Compensation Division, (202) 632-5582 or
extension 25582
Code:
630, Absence and Leave
Distribution: FPM Supplement 990-2
(1)
Attachment to FPM Ltr. 630-30
MILITARY LEAVE
01 Q. Will OPM issue regulations to implement the changes in the law?ving
and
52
A. No. OPM does not have authority to regulate use of military leave and,
therefore, will not issue regulations. is We will, however; continue to provide
guidance as we have in the past.
2. Q. The law provides for the accrual of military leave on a fiscal year basis,
instead of :a calendar year basis. What is meant by "to the extent that it 18 not
used in a fiscal year, accumulates for use in the succeeding fiscal year until it
totals 15 days at the beginning of a fiscal year"?
A. Under prior provisions of the law, military leave did not "accrue" or
"accumulate. When 8 full-time employee who was a reservist or National Guardsman
served on active duty or active duty training, he or she was entitled to leave
without loss of pay not to exceed 15 days in a calendar year. If the reservist or
National Guardsman did not serve the full 15 days during the year, he or she had
Pno entitlement to the unused military leave. However, under the current law an
eligible employee accrues 15 days military leave (less for part-time employees) each
fiscal year, and the military leave (not to exceed 15 days) which is unused at the
beginning of the succeeding fiscal year is carried forward for use in addition to
the days which are credited at the beginning of that fiscal year. This gives a
full-time employee the potential of 30 days military leave during a fiscal year.
3. DWe were not aware of the changes in the law What should we do concerning
The leave records of those employees who had military duty since October 1, 1980 and
were incorrectly charged annual leave or leave without pay since they had previously
used the 15 days military leave authorized for calendar year 1980, or:who were part-
"time employees?
A. The provisions of Public Law 96-431 are retroactive to October 1, 1980; the
beginning of the 1981 fiscal year. If an agency was not aware of the changes in the
New or improperly interpreted the changes; a **retroactive adjustment in the en-
ployee's leave record is appropriate if the employee requests that military leave to
which he was entitled be substituted retroactively for the annual leave or leave
without pay used during military duty on or after October 1, 1980. Agencies should
notify the employees of theirsoption to retroactively substitute military leave for
"annual leave or leave without pay which was incorrectly charged under these
circumstances, 1804 Luzo et 30 esvolory
SA. D. If san employee did not use all of the 15 days authorized for calendar year
1980 under the prior/Mprovisions: of the 'law,"f may the unused military leave ibe
veredited to the employee formse during fiscal year 1981?
No Public Law 96-431-didynot provide for the crediting of military leave
which wasyumused in calendar year 1980. use in fiscal year 1981. As explained in
dparagraph 2 above, the prior -law iprovided lentitlement to military leave only while
the employee was on active military duty. If the employee did not use the 15 days
of military leave authorized under the prior provisions of the law, he or she had no
entitlement to that unused leave on or after October 1, 1980.
Attachment IO FPM Ltr. 630-30
(2)
5. Q. If an employee was on military leave for a period which began prior to
October 1, 1980 and ended after that date, how should the leave be charged?
A. Only:the portion of the leave which occurred prior to October 1; 1980 may be
charged to the military leave which was available for use during calendar year 1980.
The balance of the period which occurred on or after October 1 may be charged to the
15 days authorized for fiscal year 1981 at the ;employee's option.
01
6. Q. How will the military leave accumulate, e.g., on a pay-period basis?
elsed
1897
[sbell
for A. The law provides for accrual of }the 15 days military leave (less for part-
:time employees) on a fiscal year basis and not in increments during a lesser time
period. On October 1 of each fiscal year, or upon first appointment in the fiscal
year, the account of each eligible employee shall be credited with the unused
:military leave remaining in the employee's account from the prior fiscal year (but
not to exceed 15 days) plus 15 days (less for part-time employees) to which he or
eshe is entitled for the current fiscal year
E7.6 Q. inSuppose we know, or have reason to believe, that the employee will not
ocontinue employment with the Federal government for the full fiscal year, should we
(prorate the amount of military leave to be authorized to the employee on October 1
based on the portion of the year he or she is expected to continue as a Federal
employee?
π1
#
No. The law does not provide for proration under these circumstances. An
eligible employee must be credited with the full 15 days (less for part-time em-
ployee) at the beginning of, or upon the first appointment in, the fiscal year,
Bregardless of how long the individual 1s expected to be employed DI whether he or
vabe 1s expected to go on active duty before separation. The intent of Congress in
providing military leave for Federal employees 18 that a member of the Reserves or
National Guard shall not sacrifice pay or benefits while serving in the Armed Forces
,for limited periods of active duty, regardless of when he or she is called to duty
during
the;
fiscal
year
HTF
nit
8a 30. What chappens to the unused military leave when the reservist or National
Guardsman is employed in another Federal agency during the same or a different
sfiscal
year?
Tenant
on
505
benan GENE TO
301 4A.9 When the employee separates from :an agency the unused military leave may be
srecorded in the remarks section of the Standard Form 1150, Record of Leave Data. If
the employee transfers or is reemployed during the same fiscal year, ethe. receiving
agency may recredit the balance of unused military leave for use during that fiscal
ayear and for carry over into the succeeding fiscal year, as appropriate. If the
semployee is not, reemployed during the fiscal year in which hecor she separates, the
unused leave may be recredited if he or she Breemployed in the Federal service
during the fiscal year which immediately follows the fiscal year in which he or she
spepárates from the Federal service. 5If the employeefdoes not return to duty. during
the same fiscal year in which separated or during the succeeding fiscal year, there
$187no authority to recredit the leave if, lat clater date, the employee returns to
aFederal remployment. 633 off 13 TRUE FIGILLIN SVICES 00 269, guil
on buti and will 913 10 and 19070 rotro 9d3 10500 EVED 10
,0691 20210 TO avail SOBWAI
Attachment to FPM Ltr. 630-30
(3)
9. Q. If the individual serves on active duty during a period when he or she is
separated from Federal civilian service, should that time which would otherwise have
been charged to military leave if the individual were a Federal employee be sub-
tracted from the military leave to be recredited upon reemployment?
A. No. There is no authority to reduce the amount of authorized military leave
by the days of military service performed during a period when the individual is not
a civilian Federal employee.
10. Q. The law provides that an individual employed on a part-time career basis (as
defined in 5 U.S.C. 3401(2)) may accrue military leave at a rate computed on the
number of hours in the employee's regularly scheduled tour of duty. Section 3401(2)
limits part-time career employment to a scheduled tour of 16 to 32 hours a week and
excepts employment on a temporary or intermittent basis. Is a part-time employee
who is scheduled to work less than 16 hours a week, or more than 32 hours a week,
entitled to military leave?
A. No. Although OPM has granted agencies authority to schedule part-time em-
ployees from 1 to 15 hours a week (5 CFR 340.202(b)), these employees are not
included in the definition found in 5 U.S.C. 3401(2) and, therefore, are not
entitled to military leave. Neither are part-time employees with schedules of more
than 32 hours a week or intermittent employees entitled to military leave. See
question 16 regarding temporary appointees.
11. Q. In applying the formula for computing the military leave authorized for a
part-time employee who is regularly scheduled to work 20 hours a week, the employee
is entitled to accrue 7 1/2 days military leave per fiscal year (15x(20+40)=7 1/2).
Can the employee be granted the half day of military leave or should it be rounded
off?
A. There is no provision for charging military leave in increments of less than
one day (52 Comp. Gen. 471) or for rounding off a half day to a whole day. A
partial day may be credited to the employee and carried forward into the succeeding
fiscal year, except that it shall not cause the amount carried forward to exceed 15
days.
12. Q. How should the authorized military leave be computed when there is a change
in the tour of duty for a part-time employee within a fiscal year, e.g., an employee
who has been on a scheduled tour of 30 hours a week is changed to a scheduled tour
of 20 hours a week?
A. The tour of duty which is appropriate at the time of the military duty and
the days of military leave previously used during that fiscal year are considered in
determining the military leave available for use when a change in the tour of duty
is involved. If the employee has been authorized and granted military leave under
another tour of duty within the fiscál year, the days of leave used are subtracted
from the days authorized under the current tour of duty to determine the number of
days remaining for use.
Attachment to FPM Ltr. 630-3 30
(4)
Example: A reservist has a scheduled tour of 30 hours a week
at the beginning of the first pay period in October. He accrues
11 1/4 days of military leave (15x(30+40)=11 1/4) for that fiscal year.
He has no unused military leave from the prior fiscal year. In
November he serves on active military duty for 5 days, leaving a
balance of 6 1/2 days of unused military leave. However, in January
his tour of duty is changed to 20 hours a week. His authorized
military leave for the fiscal year then becomes 7 1/2 days
(15x(20+40)=7 1/2). The employee has used 5 days military leave during
the fiscal year; therefore, he has a balance of 2 1/2 days
(7 1/2-5-2 1/2) available for use during the remainder of the fiscal
year or for carry-over into the succeeding fiscal year.
13. Q. How should the military leave be computed when the part-time employee
has a regularly scheduled tour of duty in successive weeks of 30, 20, 35, and 25
hours a week, then repeats the cycle? Or the employee has a regularly scheduled
tour of duty of 30 hours a week for 2 weeks, 20 hours a week for 2 weeks, and 25
hours a week for 2 weeks, then repeats the cycle?
A. When the scheduled tour of duty for a part-time employee varies as
provided in the examples, the scheduled hours of duty for the cycle may be averaged
for use in the computation of military leave accrual.
Example 1: The average number of scheduled hours a week during the
cycle is 27 1/2 hours ((30+20+35+25)+4=27 1/2). Therefore, the employee
accrues 10 1/3 days military leave (15x(27 1/2+40)-10.3125).
Example 2: The average number of scheduled hours a week during the
cycle is 25 hours ((30+30+20+20+25+25) 6=25), Therefore, the employee
accrues 9 1/3 days military leave (15x(25 40)-9.375).
NOTE: In the above examples some of the computations have been rounded off to
provide for a partial day which may conveniently be expressed as a fraction. A
fraction of a day shall not be rounded off to a whole day.
14. Q. Can the hours a part-time employee works which are in excess of the hours he
or she is scheduled to work be considered in the computation of military leave
accrual as is the case in computing annual leave accrual for part-time employees?
A. No. The law provides that the rate at which military leave accrues for a
part-time employee is based upon the number of hours in the regularly scheduled
workweek of that employee and not upon the number of. hours he or she works.
15. Q. Are part-time career employees charged military leave only for those days on
which they have a scheduled tour of duty?
A. No. The military leave authorized by 5 U.S.C. 6323(a) for part-time career
employees is charged on a calendar-day basis, just as it is for full-time employees.
Military leave is charged for intervening nonworkdays and holidays but not for
nonworkdays occurring at the start and close of the military leave period (Comp.
Gen. decision B-133674, December 30, 1957).
Attachment to FPM Ltr. 630-30
(5)
16. Q. Section 6323(a)(1) of title 5, United States Code, authorizes military leave
for "permanent or temporary indefinite" employees. Section 6323(a)(2) authorizes
military leave for part-time career employees as defined in section 3401(2) which
excludes "temporary or intermittent" employees. In the past "temporary indefinite"
for the purpose of military leave has been defined to include employees with
temporary appointments of one year or more. In other cases it has been defined to
include employees with appointments of more than one year. Please clarify these
requirements.
A. Both full-time employees and part-time career employees (16-32 hour tour per
week) with permanent, TAPER, or term appointments, or temporary appointments of one
year or more, are entitled to military leave, if otherwise eligible. Employees with
temporary appointments of less than one year, with temporary appointments not to
exceed one year, or with intermittent work schedules are not entitled to military
leave. (Note: This also clarifies FPM Letter 630-29, para. 7b.)
17. Q. How does Public Law 96-431 affect entitlement to miliary leave for law
enforcement purposes (5 U.S.C. 6323(b)) or other provisions of law relating to
military leave?
A. Public Law 96-431 does not change the provisions of 5 U.S.C. 6323(b), which
authorizes military leave (not to exceed 22 workdays in a calendar year) for
reservists or National Guardsmen who perform active duty for law enforcement
purposes, nor does it change 5 U.S.C. 6323(c) concerning the entitlement of the
National Guard of the District of Columbia to unlimited military leave for the
purpose of parade or encampment. Neither does Public Law 96-431 change 5 U.S.C.
5519 which provides that civilian pay for the period of military leave under
5 U.S.C. 6323(b) or (c) shall be offset. to the extent of the military pay received.
W.S. COVERNMENT PRINTING OFFICE: 1982-361-393:1108
7.
Regular Military Leave - Transaction Code 65
a.
Record those hours of paid absence charged to
regular military leave opposite Transaction
Code 65. Copies of military orders for temporary
training and duty periods or other acceptable
evidence of military leave should be attached to
the copy of the T&A Report sent to the administrative
office to support the military leave entry. The
NFC will accept the signature in the "Certified
Correct" section as certification that proper
evidence to support the entry is on file.
b.
Regular military leave is defined as leave for
training purposes. Paid military leave of 15
calendar days (18 for D.C.) is available on a fiscal
year basis. Unused military leave can be carried
over from one fiscal year to the next. The maximum
carryover is 15 days. Therefore, it is possible
that an employee could have a maximum of 30 days
military leave available during a fiscal year
(i.e., a 15-day carryover from the previous fiscal
year plus the 15 days available for the current
fiscal year). Nonworkdays (weekends, holidays,
etc.) falling completely within a period of absence
on regular military leave must be charged against
the available maximum. Nonworkdays falling at the
beginning or end of a period are not charged
against the maximum.
-135-
94 STAT. 1850
PUBLIC LAW 96-431-OCT. 10, 1980
Public Law 96-431
96th Congress
An Act
Oct. 10, 1980
To amend title 5, United States Code, to provide that military leave be made
[H.R. 6065]
available for Federal employees on a fiscal year rather than a calendar year
basis, to allow certain unused leave to accumulate for subsequent use, and for
other purposes.
Military leave
Be it enacted by the Senate and House of Representatives of the
for Federal
United States of America in Congress assembled, That section 6323(a)
employees.
of title 5, United States Code, is aménded-
(1) by striking out "An employee" and inserting in lieu
thereof (1) Subject to paragraph (2) of this subsection, an
employee";
(2) by striking out "for each day, not in excess of 15 days in a
calendar year, in which he is on active duty or is engaged in field
or coast defense training" and inserting in lieu thereof the
following: "for active duty or engaging in field or coast defense
training"
(3) by adding at the end thereof the following new sentence
"Leave under this subsection accrues for an employee or individ
ual at the rateof 15 days per fiscal year and, to the extent that it
is not used in a fiscal year, accumulates for use in the succeeding
fiscal year until it totals 15 days at the beginning of a fiscal
year."; and
(4) by adding at the end thereof the following new paragraph:
"(2) In the case of an employee or individual employed on a part-
time career employment basis (as defined in section 3401(2) of this
title), the rate at which leave accrues under this subsection shall be a
percentage of the rate prescribed under paragraph (1) which is
determined by dividing 40 into the number of hours in the regularly
scheduled workweek of that employee or individual during that fiscal
year.
Effective date.
SEC. 2. The amendments made by the first section of this Act
5 USC 6323 note.
shall take effect October 1, 1980.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-1128 (Comm. on Post Ofice and Civil Service)
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 80, considered and passed House
Oct. 1, considered and passed Senate
79-139 O 80 (262)