3 FAH-1 H-3440
MILITARY LEAVE
(CT:POH-218; 05-17-2019)
(Office of Origin: HR/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 employees regularly scheduled pay period by 80 hours (the
number of hours in a full-time employees 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 employees
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-218; 05-17-2019)
(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 (HR/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
|