3 FAM 3440
MILITARY LEAVE
(CT:PER-924; 09-21-2018)
(Office of Origin: HR/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 employees
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