3 FAH-1 H-3440
MILITARY LEAVE
(CT:POH-238; 08-12-2020)
(Office of Origin: GTM/ER/WLD)
3 FAH-1 H-3441 ACCRUAL OF MILITARY LEAVE
3 FAH-1 H-3441.1 Accrual Rate for Full-Time Employees
(CT:POH-218; 05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service employees)
All full-time career employees and temporary employees whose appointments are for an indefinite period of time or for a period of more than one year are entitled to military leave, when official orders are presented to the leave-approving officer identified in 3 FAM 3444. Employees on appointments limited to 1 year or less (e.g., NTE one year appointments) are not eligible for military leave. Official orders from the Department of Defense requiring military duty (active or inactive) of the employee must be presented to the leave-approving official. See 3 FAH-1 Exhibit H-3441.1 (also found at Military Leave Accrual Chart). Military leave under 5 U.S.C. 6323(a) is prorated for part-time career employees and employees on an uncommon tour of duty (see 3 FAM 3442):
(1) A full-time employee accrues military leave at the rate of 15 workdays or 120 hours per fiscal year for active duty, active duty training and inactive duty training. An employee may carry over a maximum of 15 workdays (120 hours) into the next fiscal year, not to exceed 30 workdays (240 hours) in a fiscal year;
(2) Military leave should be credited to a full time employee on the basis of an 8-hour workday. The minimum charge for leave is 1 hour. An employee may be charged military leave only for hours that the employee otherwise would have worked and received pay; and
(3) An employee who requests military leave for inactive duty training (which is generally 2, 4, or 6 hours) will be charged only the amount of military leave necessary to cover the period of training and necessary travel.
3 FAH-1 H-3441.2 Accrual Rate for Part-Time Employees
(CT:POH-218; 05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service employees)
A part-time career employee accrues military leave proportionally based on the number of hours in the employee's regularly scheduled biweekly pay period (see 3 FAH-1 Exhibit H-3441.1). This is determined by dividing the number of hours in the part-time employee’s regularly scheduled pay period by 80 hours (the number of hours in a full-time employee’s regularly scheduled biweekly pay period).
3 FAH-1 H-3442 PAY STATUS REQUIREMENT
(CT:POH-218; 05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service employees)
In order to determine whether an employee may be granted military leave, the leave-approving official should determine whether the employee would otherwise have been in a civilian pay status during the period of requested leave. This determination involves not only the pay (and leave) status immediately before the beginning of military duty but also the pay (and leave) status immediately afterward the period of military duty. If the employee’s pay status would otherwise have changed during the period of military leave, (e.g., at the time the employee requested military leave, he would have been on approved leave without pay) then he would not be entitled to military leave with pay since no civilian pay would have been lost.
3 FAH-1 H-3442.1 Absences in Excess of Allowable Days
(CT:POH-238; 08-12-2020)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service employees)
Absence which is not chargeable to military leave may be charged to annual leave, earned compensatory time off for travel, sick leave (consistent with the applicable statutory and regulatory criteria for using sick leave), or leave without pay (LWOP). Therefore, an employee who is a member of one of the Reserve components of the Armed Forces or the National Guard and who is called for a period of training or for a period of active duty or inactive duty beyond the allowable period chargeable to military leave, may only receive certain civilian pay concurrently with military pay for training or active duty beyond such allowable period upon request to the employing regional bureau, when circumstances meet the legal criteria. Eligibility for any allowances governed under the Department of State Standardized Regulations (DSSR) is determined in accordance with the DSSR. Post management and employee should request a decision through the employing bureau Executive Office on eligibility for allowances and Overtime when regularly worked. Advisory resources include the Office of Employee Relations, Work/Life Division (GTM/ER/WLD) in consultation with the Office of Allowances and the Bureau of Legal Advisor (L).
3 FAH-1 H-3443 through H-3449 UNASSIGNED
3 FAH-1 Exhibit H-3441.1
Military Leave Accrual Chart (for Part-Time Employees)
(CT:POH-208; 07-06-2018)
|
Hours in the regularly scheduled biweekly pay period |
Ratio of hours in the regularly scheduled pay period to an 80 hour pay period (the number of hours in the pay period ÷ 80) |
Hours of military leave accrued each fiscal year |
Pay periods of military leave accrued each fiscal year. |
|
40 |
.5 (40 ÷ 80) |
.5 x 120 = 60 hours |
1.5 40 hour pay periods
|
|
106 |
1.325 (106 ÷ 80) |
1.325 x 106 = 159 hours |
1.5 106 hour pay periods |
|
120 |
1.5 (120 ÷ 80) |
1.5 x 120 = 180 hours |
1.5 120 hour pay periods |
|
144 |
1.8 (144 ÷ 80) |
1.8 x 120 = 216 hours |
1.5 144 hour pay periods
|