Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Military


Post your thoughts and opinions here about current military-related news topics.
2 Pages<12
Reserve duty as a Federal employee - Reserve duty as a Federal employee
Options
Go to last post Go to first unread
Previous Topic Next Topic
Scott  
#21 Posted : Saturday, January 22, 2011 12:23:22 PM(UTC)
Scotter

Rank: Senior Member

Groups: Registered
Joined: 11/15/2009(UTC)
Posts: 973

Thanks: 3 times
Was thanked: 49 time(s) in 39 post(s)

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.

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

Rank: Senior Member

Groups: Registered
Joined: 9/27/2010(UTC)
Posts: 584
@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.     
Back to top
John Guill  
#23 Posted : Saturday, January 29, 2011 5:56:29 AM(UTC)
JGuill65

Rank: Newbie

Groups: Registered
Joined: 1/29/2011(UTC)
Posts: 2
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.
Back to top
Pick  
#24 Posted : Saturday, January 29, 2011 6:53:09 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 2/6/2010(UTC)
Posts: 2,204
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.
Back to top
Labelle  
#25 Posted : Saturday, January 29, 2011 8:54:19 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 9/27/2010(UTC)
Posts: 584
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.
Back to top
John Guill  
#26 Posted : Saturday, January 29, 2011 11:04:42 AM(UTC)
JGuill65

Rank: Newbie

Groups: Registered
Joined: 1/29/2011(UTC)
Posts: 2
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.
Back to top
Pick  
#27 Posted : Saturday, January 29, 2011 11:16:11 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 2/6/2010(UTC)
Posts: 2,204
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
Back to top
Labelle  
#28 Posted : Sunday, January 30, 2011 3:30:19 PM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 9/27/2010(UTC)
Posts: 584
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.
Back to top
Brian  
#29 Posted : Friday, February 18, 2011 4:01:35 AM(UTC)
intrepid

Rank: Newbie

Groups: Registered
Joined: 1/14/2011(UTC)
Posts: 9
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?
 
Back to top
Brian  
#30 Posted : Friday, February 18, 2011 4:03:55 AM(UTC)
intrepid

Rank: Newbie

Groups: Registered
Joined: 1/14/2011(UTC)
Posts: 9
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?
Back to top
Brian  
#31 Posted : Friday, February 18, 2011 4:13:51 AM(UTC)
intrepid

Rank: Newbie

Groups: Registered
Joined: 1/14/2011(UTC)
Posts: 9
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?
Back to top
lavagainer  
#32 Posted : Monday, March 7, 2011 8:12:28 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 3/7/2011(UTC)
Posts: 3
If you worked for KBS does that make you a federal employee. my brother gets paid tax free
<a href="http://how-to-earn-extra-income-&#111;nline.com/" target="_blank">Software Infuser</a>
Back to top
martyb  
#33 Posted : Monday, March 7, 2011 9:53:47 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 11/3/2006(UTC)
Posts: 3,527

Thanks: 6 times
Was thanked: 16 time(s) in 14 post(s)
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.
Forum trolls to 0%
Back to top
johnnymohani  
#34 Posted : Monday, April 18, 2011 5:31:26 AM(UTC)

Rank: Groupie

Groups: Registered
Joined: 7/6/2010(UTC)
Posts: 56

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
Back to top
martyb  
#35 Posted : Monday, April 18, 2011 6:53:12 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 11/3/2006(UTC)
Posts: 3,527

Thanks: 6 times
Was thanked: 16 time(s) in 14 post(s)
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.
Forum trolls to 0%
Back to top
makana793  
#36 Posted : Monday, April 18, 2011 7:48:49 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 3/4/2009(UTC)
Posts: 221
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.  
Back to top
Steve K  
#37 Posted : Saturday, December 22, 2018 3:07:33 AM(UTC)
Steve K

Rank: Newbie

Groups: Registered
Joined: 10/27/2018(UTC)
Posts: 1
United States
Location: Charlotte NC
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.
Back to top
Rss Feed  Atom Feed
Users browsing this topic
Guest (2)
2 Pages<12
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.541 seconds.
  • ©2007-2019 1105 Media, Inc. All Rights Reserved