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B-188145 1 (1977-11-15)

handle is hein.gao/gaobadffx0001 and id is 1 raw text is: DCE l SIOn.N FILE. MATTER 0.-: THE COMPTROLLER rBMERAL OF THE LJNITCO STATUS W ASGHINGrTO0N . Ur C . 2 0540 DATE: November 15, 1977 Pete Lewis, Jr. - Use of Military Leave Civilian cmployee whose regular workweek includes Sunday may not take military leave under 5 U.S. C. S 6323(a) (1970) to attend weekend drills. Employee is entitled to military leave under section 6323(a) only if he is on active duty under 10 U. S.C. § 270(a) (Supp. I, 1971) as member of reserve component of armed forces or engaged in field or coast defense training under 32 U. S.C. §§ 502-505 (1970) as member of National Cuard. See 32 Comp. Gen. 363 (1953). 2. Civilian employee, whose regular workweek includes Sunday and who takes annual leave on Sunday after military leave under 5 Li. S. C. § 6323(a) (1970) is exhausted, may not receive overtime and differentials normally payable to employee in military leave status. Section 6323(a) limits entitlement to leave for military training without. 1ss of pay, allowances, performance, or efficiency rating to maximum of 15 days per year and overtime is not payable to employee on annual or sick leave. 3. Employee may not be charged military leave on nonworkday at beginning or end of period of military training when ho was prevented from working overtime because of his military status since employee would not be required to perform overtime on such day. 4. Employee may not take military leave on nonworkday on which lie was prevented from working overtime due to attending weekend drill because military leave may not be used for such absence and may not be charged on nonworkdays other than intervening nonworkdays in period of continuing military duty. I jA C)1 It 0j '4 ~ * -I '4,' / 1 *4' \4 I t~~'%/ *It 1.01 A B 188145 A DIGEST: 1. I I -1 1

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