44 DODI1400.25V630_AFI36-815 14 NOVEMBER 2019
Change 2, 05/08/2015 44
g. (Added)(AF) Military Leave for Mobilized Federal Civilian Employees. The
National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), Section
1113, and 5 USC § 6323 (b), added a new authority for use of the additional 22 days of
military leave provided under this statute. Employees who are called or ordered to active
duty in support of a contingency operation, as defined in 10 USC § 101(a)(13), and are
members of the Reserves or the National Guard, are entitled to the additional 22 workdays
of military leave per calendar year. This applies to military service performed on or after
24 November 2003. For payroll reporting purposes, this new type of leave is coded as
“LM”, just as the military leave for law enforcement purposes is coded. Under the
provisions of 5 U.S.C. 5519, an employee’s civilian pay is reduced by the amount of base
pay (other than travel, transportation, or per diem allowance) received by the employee for
military service as a member of the Reserve or National Guard for a period for which the
employee is granted military leave under this provision. In short, an employee is entitled to
the greater of his or her civilian or military pay, but not both. However, an employee may
choose to take annual leave, traditional 15-day military leave, accrued credit hours,
previously-earned time off award, or accrued compensatory time off instead of this type of
military leave in order to retain both their full civilian and full military pay.
h. (Added)(AF) Military Leave for Parades or Encampments. Members of the National
Guard of the District of Columbia who are ordered to serve during a parade or
encampment are entitled to unlimited military leave for all days on which such duty is
performed under the provision of 5 U.S.C. 6323(c), Military Leave. Any pay the employee
receives while on military leave for parades or encampments (other than travel,
transportation, or per diem allowance) is credited against the pay received in the civilian
position during the employee’s absence to perform the military duty.
i. (Added)(AF) Conditions for Granting Military Leave. An eligible employee is
granted any requested and available military leave, annual leave, previously-earned
compensatory time off, previously-earned credit hours, previously-earned time off award,
or Absent-US leave without pay when they perform military duty. Leave for military duty
may be approved based on the employee’s verbal or written request. Leave approval is not
contingent upon the employee providing supporting documentation prior to the leave being
taken. It is strongly recommended that employees provide acceptable documentation after
the fact to verify uniformed service of 30 days or less. It is required that employees provide
acceptable documentation for periods of 31 days or more. Examples of acceptable
documentation include, but are not limited to: orders, military Leave and Earnings
Statements, letters from unit commanders, self-certification memorandum (only for 30
days or less), etc. Employees are encouraged to provide copies of drill and annual training
schedules and, whenever possible, advance notice of specific training dates.
j. (Added)(AF) How Military Leave Is Charged. Military leave granted is charged on
an hourly basis. Employees are not charged military leave for non-duty days (typically
regular days off and holidays) that occur within the period of military service. Employees
requesting military leave for periods of military duty (which are sometimes less than full
day periods) are charged only the number of hours of military leave necessary to cover the
period of military duty and necessary travel. Hours in the civilian workday that are not
chargeable to military leave must be worked or charged to another leave category, as