3 FAM 3440
MILITARY LEAVE
(CT:PER-992; 05-20-2020)
(Office of Origin: GTM/ER/WLD)
3 FAM 3441 AUTHORITY
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
The authorities for this policy are as follows:
(1) 5 U.S.C. 6323;
(2) 5 U.S.C. 5519; and
(3) OPM Guidance.
3 FAM 3442 GENERAL
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. 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 one year or less (e.g., NTE one year appointments) are not eligible for military leave. Military leave is prorated for part-time career employees and employees on an uncommon tour of duty (see 3 FAH-1 H-3441.2 and 3 FAH-1 H-3440 Exhibit 3441.1). Employees who are members of the:
(1) Army National Guard of the United States;
(2) Army Reserve;
(3) Naval Reserve;
(4) Marine Corps Reserve;
(5) Air National Guard of the Unites States;
(6) Air Force Reserve; and
(7) Coast Guard Reserve
must be granted military leave not to exceed 15 workdays per fiscal year for active duty, active duty training, inactive duty training, or funeral honors duty, without loss of pay, time, or performance or efficiency rating. Except as provided in 3 FAM 3442 b and d, an employee may carryover a maximum of 15 days into next the fiscal year.
b. Up to twenty-two (22) workdays of military leave per calendar year shall be authorized for emergency duty as ordered by the President, the Secretary of Defense, or a State governor for employees who perform certain military duties in support of law enforcement or to assist civil authorities in the protection of life or property, or for employees who perform full-time military service as a result of a call or order to active duty in support of a contingency operation.
c. Unlimited military leave is authorized for qualified employees who are members of the National Guard of the District of Columbia for certain limited types of duty ordered or authorized under Title 49 of the District of Columbia Code.
d. Reserve and National Guard technicians only are entitled to 44 workdays of military leave per calendar year for duties abroad under certain conditions.
e. Employees ordered to extend active duty for general service with the Armed Forces shall be placed on military furlough (see 3 FAM 2560.)
3 FAM 3443 COMPUTATION OF MILITARY LEAVE
3 FAM 3443.1 General
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. Military leave may be taken intermittently, a day at a time, or as otherwise directed under orders issued by competent military authority. An employee may be charged military leave only for hours of duty during which the employee will otherwise have worked or received pay. Non-workdays (typically weekends and holidays) that fall within a period of absence for military service are not charged against the military leave allowable during the fiscal year.
b. Generally, if a training period extends beyond 90 calendar days, the employee will be placed on military furlough, or separated for military service (see 3 FAM 2560.)
3 FAM 3443.2 Absences in Excess of Allowable Days
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & 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). An employee who is a member 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 receive certain civilian pay, allowances, or differentials (e.g., danger pay, post differentials, overtime, etc.) concurrently with military pay for training or active duty beyond such allowable period upon request for a decision 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.
3 FAM 3443.3 Prohibition Against Active Civilian Employment
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. National Guard members who are ordered into the active or inactive military service of the United States with the military pay and allowances of their grades, may not be employed during the period of such service in an active civilian capacity under the U.S. Government. This is the case even for civilian services that would be rendered during the military member's hours of relaxation or time provided to attend to personal affairs.
b. However, these Guard members may use accrued military leave and/or may be carried in leave without pay (LWOP), paid annual or sick leave status to the extent of their accrued or accumulated annual and/or sick leave (consistent with the applicable statutory and regulatory criteria for using sick leave), or under earned compensatory time off for travel during the period of their active military service.
3 FAM 3443.4 Overtime and Night-Differential Pay
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
An employee on military leave, who is absent on a day on which the employee is regularly scheduled to work, is entitled to overtime compensation for that day, provided the employee otherwise would be eligible for such premium pay because the overtime period would be either in excess of the 40-hour work week or in excess of eight hours in a day. When an employee’s tour of duty permits payment of night differential pay, the employee is entitled to night differential pay during military leave.
3 FAM 3444 REQUESTING AND GRANTING MILITARY LEAVE
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. The employee must submit a written request for military leave and a copy of the orders to the leave-approving official.
b. The employee may request any annual leave, leave without pay, or earned compensatory time for travel in addition to military leave as prescribed in accordance with those leave regulations (see 3 FAM 3440, 3 FAM 3420, 3 FAM 3510, and 3 FAM 3170). The employee may also request sick leave in addition to military leave in accordance with the statutory and regulatory criteria for using sick leave (see 3 FAM 3420).
c. Leave approving officials authorized to grant annual leave may grant military leave to employees (both abroad and in the United States).
3 FAM 3445 COMPENSATION AND TRAVEL EXPENSES
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. While on military leave and/or other paid leave granted for purposes described in 3 FAM 3442(a), employees may be paid salary, differential, and allowances in accordance with pertinent regulations, even though they may also be compensated from appropriations of the Armed Forces during the period of training.
b. For military leave under 3 FAM 3442 (b) and (c), an employee's civilian pay is reduced by the amount of military pay for the days of military leave. However, an employee may choose not to take military leave and instead take annual leave, compensatory time off for travel, or sick leave, if appropriate, in order to retain both civilian and military pay.
c. Transit time can be charged to military leave in connection with leave for training in the Armed Forces, if transit time occurs during hours an employee otherwise would have worked and received pay.
3 FAM 3446 PROCEDURES AND GUIDELINES
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service & Civil Service Employees)
See 3 FAH-1 H-3440.
3 FAM 3447 THROUGH 3449 UNASSIGNED