View all text of Subchapter II [§ 6321 - § 6329d]
§ 6323. Military leave; Reserves and National Guardsmen
(a)
(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 in pay, time, or performance or efficiency rating for active duty, inactive-duty training (as defined in section 101 of title 37), funeral honors duty (as described in section 12503 of title 10 and section 115 of title 32), 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 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.
(3) The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof.
(b) Except as provided by section 5519 of this title, 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, who—
(1) is a member of a Reserve component of the Armed Forces, as described in section 10101 of title 10, or the National Guard, as described in section 101 of title 32; and
(2)
(A)
(i) Federal service under section 331, 332, 333,1
1 See References in Text note below
or 12406 of title 10, or other provision of law, as applicable, or(ii) full-time military service for his State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; or
(B) performs 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;
is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance or efficiency rating. Leave granted by this subsection shall not exceed 22 workdays in a calendar year. Upon the request of an employee, the period for which an employee is absent to perform service described in paragraph (2) may be charged to the employee’s accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave.
(c) An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, who is a member of the National Guard of the District of Columbia, is entitled to leave without loss in pay or time for each day of a parade or encampment ordered or authorized under title 39, District of Columbia Code. This subsection covers each day of service the National Guard, or a portion thereof, is ordered to perform by the commanding general.
(d)
(1) A military reserve technician described in section 8401(30) 1 is entitled at such person’s request to leave without loss of, or reduction in, pay, leave to which such person is otherwise entitled, credit for time or service, or performance or efficiency rating for each day, not to exceed 44 workdays in a calendar year, in which such person is on active duty without pay, as authorized pursuant to section 12315 of title 10, under section 12301(b) or 12301(d) of title 10 for participation in operations outside the United States, its territories and possessions.
(2) An employee who requests annual leave or compensatory time to which the employee is otherwise entitled, for a period during which the employee would have been entitled upon request to leave under this subsection, may be granted such annual leave or compensatory time without regard to this section or section 5519.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 90–588, § 2(a), Oct. 17, 1968, 82 Stat. 1151; Pub. L. 90–623, § 1(17), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 91–375, § 6(c)(18), Aug. 12, 1970, 84 Stat. 776; Pub. L. 96–54, § 2(a)(40), Aug. 14, 1979, 93 Stat. 383; Pub. L. 96–70, title III, § 3302(e)(5), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96–431, § 1, Oct. 10, 1980, 94 Stat. 1850; Pub. L. 102–190, div. A, title V, § 528, Dec. 5, 1991, 105 Stat. 1364; Pub. L. 103–337, div. A, title XVI, § 1677(a)(2), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104–106, div. A, title V, § 516(a), title X, § 1039, Feb. 10, 1996, 110 Stat. 309, 432; Pub. L. 106–65, div. A, title VI, § 672(b), title XI, §§ 1105(a), 1106(a), Oct. 5, 1999, 113 Stat. 674, 777; Pub. L. 106–554, § 1(a)(3) [title VI, § 642], Dec. 21, 2000, 114 Stat. 2763, 2763A–169; Pub. L. 107–107, div. A, title V, § 563, Dec. 28, 2001, 115 Stat. 1120; Pub. L. 108–136, div. A, title XI, § 1113(a), Nov. 24, 2003, 117 Stat. 1635; Pub. L. 108–375, div. A, title V, § 523, Oct. 28, 2004, 118 Stat. 1888.)