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Reserve duty as a Federal employee - Reserve duty as a Federal employee
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Scott  
#21 Posted : Saturday, January 22, 2011 12:23:22 PM(UTC)
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There is always the option to resked your DWE and perform the drills during your off days during the week.  I know that a lot of Navy reserve units were accommodating to this.  Not sure about Marine units, but you can always ask.

 
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Labelle  
#22 Posted : Friday, January 28, 2011 1:34:15 PM(UTC)

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@martyb: Thanks for your input:  LAX TSA allows for 120 hours military leave for each budget year.  I have submitted my Contract with the USMC and a tentative drill schedule for 2011 but Admin still requires a written memo from my Unit for specific monthly drills.  I may end up using a combination of military and annual leaves, and LWOP for all of the scheduled trainings/drills.  Most of them are paid leaves from my calculation.  I hope to be able to make  arrangements to switch days off with the other TSOs to avoid LWOP.  BTW, last week's drill was paid military leave.     
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John Guill  
#23 Posted : Saturday, January 29, 2011 5:56:29 AM(UTC)
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I am looking for information concerning an employeers obligation for a Reservist that has re-enlisted into Active Duty. I would think that a person that has started a career in Active Duty Military Service would not be able to keep their position in a civilian occupation. This seems as though it is the equivalent of someone taking on another job. But reading through the USERRA law it seems as though someone could go from being a Reservist to Active Duty and back to a Reservist and the employer is stuck with keeping this person in a position. I need to mention that this is not about a Reservist being activated for duty, but re-enlisting for Active Duty. If anyone knows how the law applies to this please let me know.
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Pick  
#24 Posted : Saturday, January 29, 2011 6:53:09 AM(UTC)

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Generally, the employer would have to honor the provisions of USSERA as long as the person was gone for five years or less. There are certain obligations the service member must follow though.
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Labelle  
#25 Posted : Saturday, January 29, 2011 8:54:19 AM(UTC)

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JGuill65 wrote:
I am looking for information concerning an employeers obligation for a Reservist that has re-enlisted into Active Duty. I would think that a person that has started a career in Active Duty Military Service would not be able to keep their position in a civilian occupation. This seems as though it is the equivalent of someone taking on another job. But reading through the USERRA law it seems as though someone could go from being a Reservist to Active Duty and back to a Reservist and the employer is stuck with keeping this person in a position. I need to mention that this is not about a Reservist being activated for duty, but re-enlisting for Active Duty. If anyone knows how the law applies to this please let me know.


Read the following link: http://www.dol.gov/compliance/guide/userra.htm.  Hope it helps.
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John Guill  
#26 Posted : Saturday, January 29, 2011 11:04:42 AM(UTC)
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Yeah, that's what I thought. A Reservist that re-enlists into full time Active Duty is afforded a luxury that no one else in America gets. As long as you show your face a few days every five years the employer has to return that person to work whenever they feel like showing up. That's just wrong.
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Pick  
#27 Posted : Saturday, January 29, 2011 11:16:11 AM(UTC)

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No, it is a cumulative five year period.  Below is a link to a good FAQ:

http://www.cpms.osd.mil/ASSETS/F75D36FEF66848C5A88AF856E04007BF/userra_faqs.pdf
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Labelle  
#28 Posted : Sunday, January 30, 2011 3:30:19 PM(UTC)

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Pick wrote:
No, it is a cumulative five year period.  Below is a link to a good FAQ:

http://www.cpms.osd.mil/ASSETS/F75D36FEF66848C5A88AF856E04007BF/userra_faqs.pdf

A good one!  Thanks.
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Brian  
#29 Posted : Friday, February 18, 2011 4:01:35 AM(UTC)
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Do you get to accumulate annual leave and sick leave while LWOP for miltary duty?
 
http://www.opm.gov/oca/leave/html/LWOP_eff.asp says "When a full-time employee accumulates 80 hours of LWOP during a pay period, the employee does not earn annual leave or sick leave during that pay period."
 
Note it does not say "..in a pay period".  It says "..during a pay period".  In other words, you could have accumulated 79 prior, and then taken just 1 more LWOP hour, and then *during* this pay period you would have accumulated 80 and loose annual leave and sick leave accrual.
 
This is written much better in the underlying law, 5 CFR 630.208(a) (http://cfr.vlex.com/vid/630-208-reduction-leave-credits-19600929), which says, "When the number of hours in a nonpay status in a full-time employee's leave year equals the number of basepay hours in a pay period, the agency shall reduce his credits for leave by an amount equal to the amount of leave the employee earns during the pay period."  In other words, the accumulation is done during an entire leave year (fiscal year?), and has an effect when the total hits multiples of 80.
 
HOWEVER, on the last table entry at http://www.opm.gov/oca/leave/html/LWOP_eff.asp, it speaks about the effect of LWOP for military duty: "Nonpay status for employees who are performing military duty ...counts as a continuation of Federal employment for all purposes upon the employee's return to duty."
 
So, even if you hit that magic threshold of 80 hours during any specific pay period, if it was military LWOP, it should not affect your annual leave and sick leave accrual for that period.
 
Any hard-core evidence (experience) from others where this has gone one way or the other?
 
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Brian  
#30 Posted : Friday, February 18, 2011 4:03:55 AM(UTC)
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Tromba,
 
You bring up the issue of whether you get to accumulate annual leave and sick leave while LWOP for miltary duty?
 
http://www.opm.gov/oca/leave/html/LWOP_eff.asp says "When a full-time employee accumulates 80 hours of LWOP during a pay period, the employee does not earn annual leave or sick leave during that pay period."
 
Note it does not say "..in a pay period".  It says "..during a pay period".  In other words, you could have accumulated 79 prior, and then taken just 1 more LWOP hour, and then *during* this pay period you would have accumulated 80 and loose annual leave and sick leave accrual.
 
This is written much better in the underlying law, 5 CFR 630.208(a) (http://cfr.vlex.com/vid/630-208-reduction-leave-credits-19600929), which says, "When the number of hours in a nonpay status in a full-time employee's leave year equals the number of basepay hours in a pay period, the agency shall reduce his credits for leave by an amount equal to the amount of leave the employee earns during the pay period."  In other words, the accumulation is done during an entire leave year (fiscal year?), and has an effect when the total hits multiples of 80.
 
HOWEVER, on the last table entry at http://www.opm.gov/oca/leave/html/LWOP_eff.asp, it speaks about the effect of LWOP for military duty: "Nonpay status for employees who are performing military duty ...counts as a continuation of Federal employment for all purposes upon the employee's return to duty."
 
So, even if you hit that magic threshold of 80 hours during any specific pay period, if it was military LWOP, it should not affect your annual leave and sick leave accrual for that period.
 
Any hard-core evidence (experience) from others where this has gone one way or the other?
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Brian  
#31 Posted : Friday, February 18, 2011 4:13:51 AM(UTC)
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mhc5096,
 
Regarding your 2 Oct 2010 post, you bring up the issue of whether you get to accumulate annual leave and sick leave while LWOP for miltary duty.  You said "schedule at least one 8 hour day of regular annual or military leave with 72 hours of LWOP each pay period and you will be fine. I've done this numerous times over the past 10 years in 4 different agencies."
 
How are you getting this to happen the way you describe?
 
http://www.opm.gov/oca/leave/html/LWOP_eff.asp says "When a full-time employee accumulates 80 hours of LWOP during a pay period, the employee does not earn annual leave or sick leave during that pay period."
 
Now, at first glance, it does say "80 hours during a pay period" making me tend to agree with you.  However, I just got back and LES that took 40 hours LWOP last pay period and 40 hours LWOP this pay period -- and this pay period has no annual leave or sick accrual.
 
I reread the quoted text above.  I noticed it does not say "..in a pay period".  It says "..during a pay period".  In other words, you could accumulated 79 prior, and then take just 1 more LWOP hour, and then *during* this pay period you took the 1 hour, you would have accumulated 80 and loose annual leave and sick leave accrual.
 
This is written much clearer in the underlying law, 5 CFR 630.208(a) (http://cfr.vlex.com/vid/630-208-reduction-leave-credits-19600929), which says, "When the number of hours in a nonpay status in a full-time employee's leave year equals the number of basepay hours in a pay period, the agency shall reduce his credits for leave by an amount equal to the amount of leave the employee earns during the pay period."  In other words, the accumulation is done during an entire leave year (fiscal year?), and has an effect when the total hits multiples of 80.
 
So, how have you gotten annual leave and sick leave accrued numerous times over the past 10 years when you did 72hr LWOP + 8 hr leave in a pay period?  If you do this once per year, then it will work (because 630.208(a) drops the less-than-80 number at the end of each year).  But if you did this more than once per year, I think you must have been hit with an annual leave and sick leave accrual loss on the second time you did it.
 
Having said all of that, HOWEVER, notice the last table entry at http://www.opm.gov/oca/leave/html/LWOP_eff.asp. It speaks about the effect of LWOP specifically for military duty: "Nonpay status for employees who are performing military duty ...counts as a continuation of Federal employment for all purposes upon the employee's return to duty."
 
So, even if you hit that magic threshold of 80 hours during any specific pay period, if it was military LWOP, it should not affect your annual leave and sick leave accrual for that period--which is opposite the prior table entry on the same web page.
 
Any hard-core evidence (experience) from others where this has gone one way or the other?  Has anybody gotten leave and sick leave accrual doing the 72+8 hour thing more than once in a year?
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lavagainer  
#32 Posted : Monday, March 7, 2011 8:12:28 AM(UTC)

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If you worked for KBS does that make you a federal employee. my brother gets paid tax free
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martyb  
#33 Posted : Monday, March 7, 2011 9:53:47 AM(UTC)

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lavagainer wrote:
If you worked for KBS does that make you a federal employee. my brother gets paid tax free
 
No. They are a DoD contractor.  It's not federal civil service.
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johnnymohani  
#34 Posted : Monday, April 18, 2011 5:31:26 AM(UTC)

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Can a reservist take military leave in order to: meet with retention, pick up TA-50, work on NCOER's, be RSTing to help pick up vehicles, etc?? Or do you need a letter from your unit to do that?? If the above are qualifying reasons to take military leave... does one need military orders? or will a unit memorandum suffice??

johnnymohani2011-04-18 14:21:37
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martyb  
#35 Posted : Monday, April 18, 2011 6:53:12 AM(UTC)

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Don't know about the other services, but when I was an Air Force reservist, all I needed was orders.  But...I worked as a fed employee in the same unit I was assigned to as a reservist, so that might make a difference.  Otherwise, I can see why an employer might get a little ticked off if an employee was taking a day here, a couple days there every time I turned around.  Most employers are ok with a reservist being gone once or even twice a year to fulfill annual training requirements, but even a fed employer wouldn't be happy with a whole bunch of scattered out one & two day orders for stuff like appointments, meetings, etc.
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makana793  
#36 Posted : Monday, April 18, 2011 7:48:49 AM(UTC)

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Just my 2 cents. Occassionally I've had to take 1-2 days off here and there during the week for issues like medical/dental readiness or various administrative stuff. I usually got a memo from my unit and provided that to my sup. Normally that would suffice but I don't want to make any generalizations across the board.  
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Steve K  
#37 Posted : Saturday, December 22, 2018 3:07:33 AM(UTC)
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One very important point to note: If you are on active duty (even if voluntarily under (10 USC § 12301(d)) backfilling a military member who is deployed to a contingency operation, you are still considered “in support of a contingency operation” under 5 USC § 6323(b) and entitled to an additional 22 days of emergency military leave per calendar year that includes your military duty. Many HR departments have denied military members this significant entitlement/benefit, but a recent binding Federal case (O’Farrell v. Dep’t of Defense, 882 F.3d 1080 (Fed. Cir. 2018)) makes it clear that it applies to indirect support of contingency operations as well as direct involvement in the op.
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BackGdInvestigator  
#38 Posted : Thursday, March 3, 2022 5:44:28 AM(UTC)

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*DISCLAIMER*Correctly filling out your security forms will not guarantee you a clearance in 3 months BUT be sloppy and your case will be in the field a heck of a lot longer, guaranteed.
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