PERMISS - Military Leave

General Information.
1. Military leave is approved absence from official duty, for a civilian employee who is a member of a Reserve Component of the Armed Forces or National Guard. Military leave is authorized for days in which the employee is ordered to active duty or inactive duty training. Any employee meeting the following requirements is entitled to military leave:
  - A member of a Reserve Component of the Armed Forces or National Guard;
  - On a full-time or part-time work schedule, or an indefinite employee who does not have an intermittent work schedule; and
  - Serving in an appointment that is not limited to one year or less.
  Although an employee may serve longer than one year on successive temporary appointments; there is no eligibility until the employee serves under an appointment that is not limited to one year of less.
  Employees are not entitled to military leave if they are temporary employees on appointments not to exceed one year (or less); employees on intermittent work schedules; and when-actually-employed employees. Generally, military leave is prorated for employees working a part-time schedule.
2. Military leave is generally referenced in workdays. However, for timekeeping purposes, 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.
3. Members of the Reserve and National Guard are no longer charged military leave for non-duty days; e.g., weekends and holidays, that occur within the military service period. An employee who requests military leave for inactive duty training 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.
4. Military leave should be requested and approved as far in advance as possible to allow the supervisor to accommodate the absence; the same as any other type of leave. There is no requirement to use the OPM Form 71 to request leave but it is the recommend form. Employees need to include the specific dates/hours they want military leave to cover and attach a copy of the military orders which support the request (if available). Specify the type of military leave requested; e.g., normal activy duty (see paragraph 2a below); support of a contingency operation; law enforcement support; technicians performing noncombat operations outside the US; or parade/encampment). Upon returning to work; the employee must provide the supervisor with acceptable supporting documentation ; e.g., properly authorized military orders, to support the specific military leave. Documentation must include dates, times, and signatures verifying that the period of active duty was performed.
5. When an employee has followed leave procedures and provided acceptable evidence to the eave-approving official (i.e., properly authorized military orders), approval of leave requests for military service is mandatory.
Types of Military Leave.

Practically speaking, there are four types of military leave:
1. Military Leave Under 5 USC 6323(a), Active Duty, Active Duty for Training, and Inactive Duty Training (often referred to as normal military leave) - An eligible employee must, upon request, be granted up to 15 workdays (120 hours) of military leave (to which entitled) each fiscal year.
  1. For timekeeping within DoD, military leave under this authority is coded as "LM".
  2. Leave is chargeable on an hourly basis without charge for non workdays or holidays. Eligible employees receive fifteen workdays (120 hours) of military leave credited to their account on 1 October of each fiscal year or upon appointment. Military leave is prorated for part-time employees and for employees on uncommon tours of duty based proportionally on the number of hours in the employee’s regularly scheduled biweekly pay period.
  3. Employees on military leave under this authority keep both their military and civilian pay.
  4. Unused military leave remaining from the prior fiscal year, not to exceed 15 days; can be carried-over, giving a maximum balance of up to 30 days.
2. Military Leave Under 5 USC 6323(b), Contingency Operations and Law Enforcement – An eligible employee is authorized to use 22 workdays (176 hours) per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. This leave is provided for 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* as defined in section 101(a)(13) of Title 10, USC.
  1. For timekeeping within DoD, military leave under this authority is coded as "LL". Time and attendance submission of this code should occur concurrently with submission of military pay information.
  2. Military leave for this purpose is credited to the employee’s account upon each eligible occurrence. Leave should be taken in whole workdays and in continuous pay periods. Military Leave under this authority is not charged for non workdays or holidays.
  3. Employees on military leave under this authority will receive both military and civilian pay for 22 days. Yet the employee is not authorized to retain both payments. This type of military leave benefit is designed to allow the mobilized Federal employees who makes more money in their civilian position to receive the difference between their military and civilian pay for the 22-day period. Military pay received, other than travel, transportation, or per diem, must be credited against the pay the employee received from their civilian position. Military pay for this purpose includes but is not limited to basic pay, basic allowance for housing, basic allowance for subsistence, family separation allowance, imminent danger pay, hardship duty pay, sea duty pay, flight pay, hazardous duty incentive pay, and monthly medical pays. The gross amount of military pay received for any day(s), not-to-exceed 22-days per calendar year, must be deducted from the civilian compensation received for this absence. When military pay exceeds the employee’s basic pay, the employee can retain that portion of military pay that exceeds the civilian pay. If an employee elects to use annual leave or compensatory time off in lieu of this military leave, the pay offset provision does not apply and the employee retains both full military and civilian pay. The employee must submit a copy of military orders; a certificate of attendance; and military leave and earnings statements (LESs); for the dates that military leave under 5 USC 6323(b) was requested and approved to the Civilian Pay Customer Service Representative who in turn will provide information to the payroll office for settlement. Specific Defense Finance and Account Service (DFAS) guidance and examples of pay calculations are available at paragraph 4e.
  4. 4) Under this authority unused leave at the end of the calendar year cannot be carried over into the next calendar year.
  * The term "contingency operation" means a military operation that (a) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (b) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of Title 10, U.S.C., Chapter 15 of Title 10 U.S.C., or any other provision of law during a war or during a national emergency declared by the President or Congress.
3. Military Leave Under 5 USC 6323(c), Special Provisions for Members of the DC National Guard - Members of the DC National Guard who are ordered to serve during a parade or encampment are entitled to unlimited military leave for all days on which such duty is authorized under Title 39 of the DC Code.
  1. For timekeeping within DoD, military leave under this authority is coded as "LI".
  2. Military leave under this provision is credited to the employee’s account upon each occurrence of absence for this purpose.
  3. Employees on military leave under this authority receives the greater of civilian or military pay (but not both). Any pay the employee receives while on military leave for parades or encampments (other than travel, transportation, or per diem allowance) will be credited against the pay received in the civilian position during the employee’s absence to perform the military duty. However, an employee may choose not to take military leave and instead take annual leave or compensatory time in order to retain both civilian and military pay. Questions concerning computation of pay under this authority should be addressed to your Civilian Pay Customer Service Representative.
  4. Under this authority unused leave at the end of the calendar year cannot be carried over into the next calendar year.
4. Military Leave Under 5 USC 6323(d), Military Reserve and National Guard Technicians on Active Duty Without Pay – Reserve Technicians are entitled to 44 workdays (352 hours) of military leave in a calendar year when on active duty without pay for participation in noncombat operations outside the United States, its territories, and possessions. The active duty orders must cite 10 U.S.C. 12315, 12301(b), or 12301(d) to be eligible for this entitlement.
  1. For timekeeping, military leave under this authority is coded as "LV".
  2. This type of military leave cannot be used while on active duty in support of a war or national emergency declared by the President or Congress. Military leave for this purpose is credited to the employee’s account upon each eligible occurrence.
  3. Employees on military leave under this authority keep their civilian pay and do not receive military pay since they are are on active duty without pay.
  4. The 44 days of military leave cannot be carried over into the next calendar year.
5. Excused Absence for Returning Employees.
  
  In addition to the military leave already available, the President, on November 14, 2003, issued a memorandum authorizing 5 days of uncharged leave to returning Federal employees who were called to serve on active duty (CONUS or OCONUS) under Executive Order 13223. The intent of the directive is to grant the paid time off to mobilized employees returning to Federal civilian service as an aid in their readjustment to civilian life. The excused absence is to be granted immediately, and all at once, prior to the employee’s actual resumption of civilian duties. For leave purposes the time is considered an excused absence and within DoD it is coded on the timecard as "LV".
  
  Specific OPM guidance is available below at References f and g.

Military Leave

Related Topics

References