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B-211249 1 (1983-09-20)

handle is hein.gao/gaobadlif0001 and id is 1 raw text is: OECISION FILE: B-211249 THE COMPTROLLER GENERAL OF THE UNITED STATES WAS H I N GTO N. 0. . 2054, DATE: September 20, 1983 MATTER OF: George McMillian DIGEST: 1. A civilian Government employee who was a member of the Navy Reserve could not properly be regarded as present for work in his civilian position while he was simultaneously on active duty as a reservist, since civilian service is in- compatible with military or naval active duty status. Hence, even though the em- ployee continued to report for civilian work for several days after he was placed on active Navy duty under orders for annual Reserve training, his civilian leave accounts must be charged with a - day's leave of absence for each of those days. 2. The 15 days of yearly military leave authorized for civilian Government em- ployees by 5 U.S.C. 6323(a) are charge- able on a calendar-day rather than a workday basis, except for days at the beginning or ending of the military active duty period, so that a civilian employee who was a Navy Reserve member must be charged with 3 days of military leave for a 3-day Labor Day weekend falling within a 12-day period when he was on active Navy duty for annual Reserve training. 3. A Federal agency should ordinarily charge an employee performing active training duty as a military or naval reservist with military leave until the employee's military leave entitlements under 5 U.S.C. 6323(a) are exhausted, and the agency may then charge the employee with annual leave or leave without pay for any further absences from work taken for the purpose of performing additional periods of active training duty. An employee who took leaves of absence from his civilian OaQo 119 . 43u7

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