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Recent Changes in Leave Statutes

Friday, December 3, 1999
CPM 99-5
MEMORANDUM FOR: 
Human Resources Directors
From: 
Henry romero Associate Director
Subject: 
Recent Changes in Leave Statutes

This is to inform you of several changes related to leave administration as a result of the enactment of Public Law 106-65, the National Defense Authorization Act for Fiscal Year 2000, October 5, 1999. All of the following changes became effective on October 5, 1999.

Restoration of Annual Leave for Emergency Essential Employees Serving in a Combat Zone

Section 1103 amends 5 U.S.C. 6304(d) to provide that service by a Department of Defense emergency essential employee in a combat zone is an "exigency of the public business" for the purpose of restoring forfeited annual leave. Annual leave forfeited by an employee because of service in a combat zone will be automatically restored, whether it was scheduled in advance or not. This amendment relieves employees and supervisors from the administrative burden of scheduling, canceling, and restoring excess annual leave in this situation. Restored annual leave must be scheduled and used by the end of the leave year ending 2 years after the termination of the exigency of the public business.

Leave without Loss of Benefits for Military Reserve Technicians on Active Duty in Support of Operations Outside the United States.

Section 1105 amends 5 U.S.C. 6323(d)(1) to provide a military reserve technician (as described in 5 U.S.C. 8401(30)) an entitlement to leave without loss of benefits while on active duty in support of operations outside the United States, its territories and possessions.  A military reserve technician on active duty without pay is entitled to a total of up to 44 workdays of leave in a calendar year without loss of or reduction in pay, accrual of leave, credit for time or service, or performance or efficiency rating.

Expansion of Purposes for which Military Leave May be Used

Section 1106 amends 5 U.S.C. 6323(a)(1) to permit an employee to use his or her entitlement to 15 days of military leave for "inactive-duty training"* (as defined in section 101 of title 37). An employee is entitled to military leave without loss of pay, time, or performance or efficiency rating for active duty training, inactive-duty training, or engaging in field or coast defense training.

Questions

For further information, please contact our Pay and Leave Administration Division by calling (202) 606-2858, sending a FAX to (202) 606-0824, or sending an email message to payleave@opm.gov.



* Inactive Duty Training (IDT). Authorized training performed by members of an RC [Reserve component] not on AD [active duty], and performed in connection with the prescribed activities of the RC of which they are a member. It consists of regularly scheduled unit training periods, ATPs [additional training periods], and equivalent training. The primary purpose of IDT is to provide individual and/or unit readiness training, but IDT may support AC missions and requirements; i.e., operational support, thereby adding substance to the Total Force. IDT also encompasses muster duty, in the performance of the annual screening program.

--Department of Defense Instruction Number 1215.19, March 14, 1997; Uniform Reserve, Training and Retirement Category Administration; Enclosure 4, Definitions; E4.1.15