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B-246359 1 (1992-08-14)

handle is hein.gao/gaobadodc0001 and id is 1 raw text is: S T6/CkI< o SComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Military Leave - Active Duty Spans Two or More Fiscal Years File: B-246359 Date: August 14, 1992 DIGEST 1. Federal employees who are members of the Reserve or National Guard serving on active military duty which extends into a second or succeeding fiscal year may accrue and use the 15 days of military leave which accrue at the beginning of the second and each succeeding fiscal year without return to civilian status. 70 Comp. Gen. 263 (1991) amplified. 2. When an employee who is a member of the Reserve or National Guard serves on an extended period of active duty that spans two or more fiscal years, such as Operation Desert Shield/Storm, military leave need not be charged for intervening nonworkdays occurring between the beginning of the second or subsequent fiscal year and the date on which the employee begins to use military leave. Each fiscal year may be considered separately for charging periods of military leave under 5 U.S.C. § 6323(a). However, once use of military leave is begun, it must be charged on a calendar day basis including intervening nonworkdays. 3. An agency may allow an employee to choose not to use military leave at all for workdays included in an absence due to military duty but rather to cover the workdays by taking annual leave, leave without pay, compensatory time off, or a combination of these. In such a situation, there need be no charge to military leave for the nonworkdays wholly within the absence. DECISION This decision is in response to a submission from the Department of the Air Force asking several questions concerning the accrual and charging of military leave under 5 U.S.C. § 6323(a) for federal employees who are members of the Reserve or National Guard.' The questions require further interpretation of the 1980 amendment to the military leave statute as interpreted in 70 Comp. Gen. 263 (1991) and 'The questions were submitted by the Director of Civilian Personnel, Headquarters U.S. Air Force, Washington, D.C. 05 -5 L / j qA?7&

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