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Order
Subject
FHWA Personnel Management Manual; Part 1: Personnel Systems & Procedures, Chapter 7 Leave - Attachment: Leave Summary Chart
Classification Code  
M3000.1C    

LEAVE SUMMARY CHART
TYPE OF LEAVE PURPOSE/USE APPROVAL/CONDITIONS PROCEDURES

Annual Leave

5 CFR Part 630, Subpart C

Title 5, Chapter 63, Subchapter I

DOT Absence and Leave Handbook

1. Vacation/personal needs.

2. Can be substituted for sick leave.

Must be approved by supervisor or designated official.

A maximum of 240 hours of annual leave may be accumulated for General Schedule (GS) employees.

Advancement of Annual Leave

Only the amount of leave which would be earned during the leave year can be advanced - if sufficient need is shown.

Annual leave should be requested and approved in advance, except in the case of emergencies. The Office of Personnel Management (OPM)-71, Request for Leave or Approved Absence, should document the leave request.

Restored Annual Leave

5 CFR Part 630, Subpart C

Title 5, Chapter 63, Subchapter I

DOT Absence and Leave Handbook

Annual leave, which would otherwise be forfeited at the end of the leave year, is restored to the employee in a separate leave account.

Restored annual leave must be used no later than the end of the leave year ending 2 years after the date of termination of conditions 1 and 2, or the date of restoration/crediting of leave for conditions 3 and 4, as described in the next column.

This has no effect on the normal limitation for regular annual leave.

1. Sickness. Employee is unable to use approved annual leave, which was scheduled to be used prior to the third biweekly pay period before the end of the leave year, due to the use of approved sick leave.

2. Exigency of Agency Business. Annual leave, approved in writing and scheduled for use before the beginning of the third biweekly pay period, is not permitted due to program operational demands.

3. Administrative error.

4. Unjustified or unwarranted personnel action.

For conditions 1 and 2, a request to restore annual leave must be submitted by January 31. The supervisor must forward the request, with his/her support, to Associate Administrators (AAs), the Acting Chief Counsel, the Chief Financial Officer (CFO) the Director of Field Services, Division Administrators, the Resource Center Director and Operations Manager, and Federal Lands Highway Division (FLHD) Engineers.

For conditions 3 and 4, no action by the employee is required.

Sick Leave

5 CFR Part 630 Subpart D

Title 5, Chapter 63 Subchapter I

DOT Absence and Leave Handbook

 

1. Receive medical, dental or optical examination or treatment.

2. Are incapacitated by physical or mental illness, injury, pregnancy, or childbirth.

3. Would, because of exposure to a communicable disease, jeopardize the health of others by your presence on the job.

4. Absence from work for adoption-related activities.

5. Limited sick leave can be used to:

A. Provide care for a family member as the result of physical or mental illness, injury, pregnancy, childbirth, or medical, dental, or optical examination or treatment.

B. Make arrangements necessitated by the death of a family member or attend the funeral of a family member.

Full-time employees may use up to 40 hours (5 days) of sick leave each leave year for family care and bereavement purposes. An additional 64 hours (8 days) may be used as long as a balance of at least 80 hours of sick leave is maintained in their sick leave account. The amount of sick leave available for part-time employees and employees with uncommon tours of duty is pro-rated.

Sick leave may be used in lieu of annual leave if during a period of annual leave the employee unexpectedly becomes eligible to use sick leave, as outlined in 1 through 5 above.

When possible, sick leave should be approved in advance by the supervisor or designated official.

Under the Family Friendly Leave Act of 1993, the DOT has defined "family member" to include spouses and parents of spouses; children (including adopted children and spouses of children); parents; siblings and their spouses; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Supervisors should require medical documentation when the period of absence is more than 3 consecutive workdays. Documentation generally consists of a statement signed by a registered practicing physician or other practitioner which certifies the nature of the incapacitation, examination, treatment or period of disability in which the employee was receiving professional treatment.

Supervisors may require medical documentation for absences of 3 working days or less. If a pattern develops of excessive sick leave use for short periods of time, the supervisor may require additional medical documentation from that employee. Employees may be placed on leave restriction in the form of a written notice explaining the reason for requiring additional documentation, the types of acceptable documentation, the conditions for which approval of subsequent leave requests can be obtained, and the consequences of not providing such documentation. In all cases, the FHWA may request more complete and detailed medical documentation, as described in 5 CFR Part 339, to determine the appropriateness of the leave request.

Advancement of Sick Leave

Employees may be advanced up to 30 days of sick leave, if supported by medical documentation (except for sick leave for family members which is still limited to 13 days). Employees with a time limitation on their appointments may be advanced sick leave only up to the amount they would earn during the remainder of their employment. AAs, the Acting Chief Counsel, the CFO, the Director of Field Services, Division Administrators, the Resource Center Director and Operations Manager, and FLHD Engineers may approve advanced sick leave.

Advanced sick leave is charged against sick leave subsequently earned. If an employee indebted for advanced sick leave separates (except in the case of death, disability, or military service with restoration rights), the leave debt may be collected by the following:

1. Deduction from salary due employee;

2. Refund of leave payment from employee;

3. Claim filed against employee's retirement account; or

4. Referral to the Government Accountability Office for collection.

Sick leave may not be advanced to an employee who is unlikely to be able to pay it back, (for example, an employee who has filed for disability retirement).

 

Family and Medical Leave

5 CFR Part 630, Subpart L

Title 5, Chapter 63, Subchapter V

DOT Absence and Leave Handbook

Covered employees are entitled to a total of 12 administrative workweeks of unpaid leave (leave without pay) during any 12 month period for:

1. The birth of a child and care of a newborn;

2. The placement of a child with employee for adoption or foster care;

3. The care of your spouse, child, or parent with a serious health condition; and

4. The employee’s own serious health condition which causes the employee to be unable to perform the duties of his/her position.

Annual leave can be substituted for unpaid leave under FMLA. In those situations where sick leave is permitted, it can also be substituted for FMLA Leave.

Under the Family and Medical Leave Act (FMLA) of 1993, covered employees are entitled to FMLA leave. Covered employees include all employees who have completed at least 12 months of Federal service, not necessarily consecutive or recent, except: District of Columbia employees; temporary employees with a time limit of 1 year or less; and intermittent employees.

FMLA leave shall be pro-rated for part-time employees.

FMLA leave used for a birth or placement of a child must be used within 12 months after the birth or placement.

Medical documentation may be required as provided in 5 USC 6383 (b) if leave is taken due to a serious health condition, either the employee’s or a family member, and it could require second and third medical opinions.

The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable" or, if that is not possible, as much notice as is practicable.

Employees should inform their supervisors that they are invoking their FMLA entitlement by writing it on the OPM-71, Request for Leave or Approved Absence under Remarks.

Voluntary Leave Transfer Program (LTP)

5 CFR, Part 630, Subpart I

Title 5, Chapter 63, Subchapter III

DOT Absence and Leave Handbook

 

The Leave Transfer Program provides the opportunity for an employee who has exhausted his/her leave, due to a medical emergency involving self or a family member, to receive annual leave donated by another Federal employee.

See LTP guidelines.

A medical emergency is a condition in which the employee's absence results from circumstances beyond his/her own control. The employee's medical condition must require his/her absence from duty without pay for at least 24 consecutive hours or 30 percent of his/her biweekly tour. Examples of medical emergencies include surgery, automobile accident injuries, serious illness, or life threatening diseases. The LTP may also be used by an employee to care for a family member who experiences such medical emergencies; however, any available sick leave must be used before using donated leave.

Leave donor restrictions

A leave donor may donate up to one-half of the amount of leave which they are entitled to accrue in a leave year. If the donor has use or lose leave, the maximum amount of leave that they may donate is the lesser of:

1. One-half of the amount of annual leave they would be entitled to accrue during the leave year

or

2. The number of hours remaining in the leave year (as of the date of the contribution) for which you are scheduled to work. For example, if you have 5 weeks of leave to donate and there are only 3 weeks left in the leave year, you are only allowed to donate those hours that you would have used within that 3 week period.

Other agencies

Leave donors can be from another Federal agency in any of the following instances:

1. The donor is a family member of the leave recipient.

2. The amount of leave transferred from donors within the FHWA is not sufficient to meet the needs of the leave recipient.

3. Acceptance of the leave transferred from other Federal agencies would further the purpose of the voluntary leave transfer program.

Leave recipients can accrue a maximum of 40 hours of annual leave and/or 40 hours of sick leave. This leave is set aside in a separate leave account and is available for the leave recipient after the termination of the medical emergency.

LTP for maternity

The LTP is not intended for use by an employee who wishes to take additional leave to care for a newborn or adopted child, unless extenuating circumstances exist. It can be used by an employee who experiences medical complications resulting from her pregnancy and who does not have sufficient leave to cover her absence from duty. It may also be used immediately following the birth of a child to allow the mother to recuperate during her period of incapacitation.

Employees must submit a Leave Recipient application (OPM-630) or request in writing through their supervisor to the appropriate AA, Acting Chief Counsel, CFO, Director of Field Services, Division Administrator, Resource Center Director and Operations Manager, or FLHD Engineer in order to take part in the LTP. The request should include:

1. Name, position, Social Security number, and grade or pay level;

2. A description of the medical emergency;

3. Medical documentation of the emergency which should include the expected duration of the emergency; and

4. The amount of unpaid leave that would have to be taken..

A designated contact, either the approved leave recipient or his/her designee, may send a general note requesting donated leave from other employees.

Leave donors submit an OPM Form 630-A, Request to Donate Leave to Leave Recipient (within the FHWA) under the LTP, to transfer an amount of annual leave to a specified leave recipient. The form should be submitted to the designated contact person who will coordinate with the servicing human resources office.

Leave for Bone Marrow or Organ Donation

Public Law (PL) 103-329, Section 629(a))

DOT Absence and Leave Handbook

To support employee decision to serve as a bone marrow or organ donor.

Federal employees are entitled to 7 days of paid leave each calendar year to serve as a bone-marrow donor. Employees may use up to 30 days of paid leave each calendar year to serve as an organ donor. This leave is granted in addition to any sick or annual leave required by requesting employee.

Employee must submit a written request for paid leave with appropriate medical documentation.

Leave Without Pay (LWOP)

DOT Absence and Leave Handbook

LWOP is a temporary non-pay status granted at the employee's request and is approved by his/her supervisor.

LWOP can be used for short periods of time or for extended leave. An employee can substitute LWOP for paid annual or sick leave at any time.

LWOP is not an entitlement for most employees, except for disabled veterans who are entitled to LWOP necessary for medical treatment under Executive Order 5396 and reservists and National Guardsmen who are entitled to LWOP at the expiration of approved military leave.

LWOP must be approved by supervisor or designated official.

Maximum initial period for which extended LWOP may be authorized is 12 months, except for an employee receiving disability compensation for injuries received on the job; or for an employee who requests extended LWOP to participate in a program of interest to the Federal government.

An employee who is on LWOP the full day before, and the full day after a Federal holiday will not receive pay for the holiday. However, if the holiday is a regularly scheduled workday and the employee is in a pay status either the last hour of the workday before the holiday or the first hour after the holiday, the employees will be entitled to pay for the holiday.

All LWOP (particularly over 30 calendar days) should be carefully examined to assure that the needs of the FHWA and the needs of employees are balanced.

Employees on extended LWOP should be aware of the following:

1. They are eligible for continued life and health insurance benefits up to 1 year.

2. A maximum of 6 months LWOP can be crediting toward length of service and retirement during a leave year.

3. No leave is accrued while on LWOP.

4. The waiting period for a within grade increase, completion of a probationary period, and the conversion to career tenure will be extended by the amount of LWOP.

5. Employees have to pay their share of health benefits costs during or at the end of the LWOP period.

To request extended LWOP, employees should provide the following information to their immediate supervisor who will then forward the information with his/her support to the appropriate AA, Acting Chief Counsel, CFO, Director of Field Services, Division Administrator, Resource Center Director and Operations Manager, or FLHD Engineer.

1. OPM-71, Application for Leave.

2. A statement as to the reasons why extended LWOP is requested.

3. Medical information, as outlined in 5 CFR 339.104, if appropriate.

4. A statement indicating that the employee will return to duty at the expiration of the LWOP.

A Request for Personnel Action, Standard Form (SF)-52 is sent to the servicing human resources office for processing for LWOP:

1.LWOP of 80 hours or more granted because of an on-the-job illness or an on-the-job injury;

2. LWOP not described above, that is scheduled for more than 30 days;

3. suspension that is scheduled for one day or more;

4. furlough that is scheduled for one day or more; or

5. placement in nonpay status actions for seasonal employees.

Administrative Leave or Excused Absence

DOT Absence and Leave Handbook

 

This leave is administratively authorized by supervisors without loss of pay and without charge to leave. Generally an employee must be in duty status at the beginning and/or end of the period of excused absence.

The following are some of the situations where administrative leave may be authorized.

1. Tardiness or brief absence. At the supervisor's discretion, he/she may excuse occasional instances of tardiness or brief absence if the employee's reasons are adequate. The supervisor may require other forms of leave be taken, such as annual, LWOP, Compensatory time, or working an equivalent amount of time.

2. Attendance at parades, welcoming dignitaries, etc. Employees must be in duty status both immediately before and after the period of excused absence to be eligible.

3. Absence for registration and voting. If polls are not open at least 3 hours before or after the employee's regular hours of work, the employee may be granted 3 hours of excused absence. More excused absence may be authorized if 3 hours is insufficient; however, it may not exceed a full day. These conditions also apply to voter registration if the employee must register in person and cannot do so on a non-work day.

4. Blood donor program participation. Employees who donate blood to the Red Cross or other recognized blood bank organizations may be excused from duty for up to 4 hours.

5. Health treatment during work hours. An employee who becomes ill during working hours may be excused up to 1 hour for consultation and treatment in the nearest Federal government health unit or emergency room.

Employees must request excused absence from their supervisors prior to the absence, if possible.

Absence Without Leave (AWOL)

DOT Absence and Leave Handbook

Absence from duty for which permission has not been granted. The employee will receive no pay for a period of AWOL.

AWOL is not a disciplinary action in and of itself. However, instances of AWOL may serve as the basis for disciplinary action. The supervisor should inform the employee that the absence is being documented on the time and attendance record as AWOL.

 

Court Leave

Title 5, Chapter 63,

Subchapter II

DOT Absence and Leave Handbook

 

 

Absence with pay, without charge to employee's leave, will be granted for jury duty, except if the employee's absence from work would severely handicap program operations or result in waste of public funds.

Employee will be granted absence with pay, "court leave", from the date he/she is required to report to the court to the time discharged by the court. If the employee is excused from the court for one or more days or a substantial portion of one day, the employee must return to work, provided the court and place of work are within the same commuting distance.

An employee on court leave for jury duty receives the same compensation as if he/she were on duty. Any additional compensation by the court must be forfeited to the FHWA, except for the following conditions:

1. Nonworkdays. If jury service is performed on nonworkdays (days outside of their regularly scheduled tour of duty for which Federal salary is not paid).

2. Nonworkhours. If jury duty is performed during hours which are outside of the employees regularly scheduled hour of work. If, however, the employee performs jury service during any of the hours in a pay status in his/her normal position, the employee may not be paid any jury fees for that day.

3. Holiday. If the employee would have been excused from his/her regular duties on the holiday, fees received may be kept if the holiday falls within the employee's basic tour of duty.

4. LWOP. If an employee is on LWOP when called for jury service, that employee is not entitled to court leave and therefore, may keep any jury fees.

5. Travel expenses in lieu of fees. An employee who performs jury service in a State court is not required to remit to the Federal government that part of the compensation received to cover travel expenses, where it is clear that a specific amount is received for travel expenses rather than for jury fees.

Serving as a Witness in their Official Capacity. If the employee is serving in their official capacity as an FHWA employee and is summoned or assigned to testify or produce official records on behalf of the FHWA, he/she is considered to be in official duty status and receive compensation as appropriate. The employee may not accept witness fees, but he/she does receive travel expenses. If the employee is on LWOP for the period or is called as a witness in the official capacity of a former position held in the Federal service, the employee should receive the authorized witness fees and court allowances for travel expenses and subsistence. These amounts must be submitted to the servicing payroll office which will credit them to the appropriate compensation due the employee.

Non-official capacity. If the employee is summoned as a witness in a judicial proceeding to testify in a nonofficial capacity on behalf of a State or local government, the absence will be charged to court leave. All fees, except travel and subsistence, should be submitted to the servicing payroll office. If the employee is on annual leave at the time, it should be charged to court leave for that period.

Witness on behalf of private party. If an employee is summoned to testify in a nonofficial capacity on behalf of a private party and the United States, District of Columbia, or local government is not a party, he/she must use annual leave or LWOP. Witness fees and travel and subsistence expenses paid by the court may be kept by the employee.

Witness who voluntarily requests to testify. An employee who is neither summoned nor assigned by the FHWA to appear before a judicial proceeding, but who voluntarily requests and is granted permission to testify before any such proceeding, does not receive court leave or travel expenses. The absence, if approved, will be charged to annual leave or LWOP. The employee may retain any payments made by the court.

Leave in this category will be documented on the time and attendance record as court leave.

The employee should present to the supervisor the summons which requires his/her attendance in court. Upon return to duty, the employee will submit an original certificate of attendance in court, signed by the clerk of the court or other appropriate official. This certificate must show the dates and hours of service and must be forwarded to the payroll office to be retained for payroll and audit purposes.

If the FHWA or employee wishes to request an exemption from jury duty, it requires approval from the appropriate AA, Acting Chief Counsel, CFO, Director of Field Services, Division Administrator, Resource Center Director and Operations Manager, or FLHD Engineer.

All payments received by a State or local court as a result of the jury service should be collected from the employee by the servicing human resource office. See “conditions” for the circumstances when the employee may keep the fees.

Military Leave

Title 5, Chapter 63, Subchapter II

DOT Absence and Leave Handbook

Leave of absence from duty while participating with the U.S. Armed Forces or National Guard. Employee eligibility for military leave is based on the nature and length of the employee's appointment. A full-time or part-time employee who is a member of a reserve component of the U.S. Armed Forces or the National Guard and who is serving under a permanent or term appointment for one year or more is eligible for military leave. Employees on temporary appointments of less than 1 year are not eligible for military leave.

Distinction between military leave and other types of military service. Military leave as described in paragraphs A1, A2, A3, and A4 must not be confused with military separations or military furloughs, which involve extended active duty for general service with the U.S. Armed Forces.

Types and Amount of Military Leave:

A. For active duty and for training.

1. Full time employees who are members of the reserve components of the U.S. Armed Forces or the National Guard may be granted military leave of absence for active duty or for engagement in field or coast defense training (Title 5, Sec. 6323(a)). Military leave for these purposes accrues at a rate of 15 calendar days per fiscal year. This leave is allotted at the beginning of each fiscal year. Military leave may be carried over or accumulated for use in the succeeding fiscal years, for a maximum accumulation of 15 calendar days of leave. A maximum of 30 calendar days of military leave is available for use at the beginning of a fiscal year. Any additional absences for active duty or for training beyond the military leave accrued/accumulated may be granted and charged to annual leave or leave without pay.

2. Part-time employees (16 to 32 hours a week, as defined in 5 U.S.C. 3401 (2)) are also eligible to accrue military leave, but they accrue it at a percentage of the above rate of 15 calendar days per fiscal year. This percentage is determined by dividing “40” into the number of hours in the employee's regularly scheduled workweek during a fiscal year. Based on the above formula, part-time employees may accrue fractional days of military leave, which can be accumulated if they do not exceed the 15 calendar day maximum. However, fractional days can only be used when accumulated to a whole day since there is no provision for charging military leave in increments of less than one day (52 Comp. Gen. 471) or for rounding off a half day to a whole day.

3. Certain parades or Encampments. In addition, members of the District of Columbia National Guard may be granted military leave for all days for certain parades or encampments with no limit and no charge to the 15 calendar days accrued per fiscal year. This unlimited leave only applies to parades and encampments under Title 39 of the District of Columbia Code (see Attachment).

4. Law enforcement. Employees who are members of the reserve components of the U.S. Armed Forces or the National Guard may be granted military leave of absence to provide military aid in enforcing the law, either through Federal service or full-time military service for a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States (U.S.C 6323(b)). No more than 22 days of military leave for this purpose may be granted in a calendar year; this is in addition to the military leave for active duty or for training described above in A1. In addition, National Guard duty for disasters (such as floods, earthquakes, and hurricanes) is covered under this type of military leave, since the maintenance of law and order is a prime function of the military duties assigned (49 Comp. Gen. 234).

5. Other military leave.There are two conditions under which employees are entitled to an additional 22 days of military leave under the provisions of 5 U.S.C. 6323(b). Reservists or National Guard members who perform military duty in support of civil authorities in the protection of life and property are eligible for an additional 22 workdays of military leave. In addition, effective November 24, 2003, employees who perform full-time military service as a result of a call or order to active duty in support of a contingency operation as defined in Section 101(a)(13) of Title 10, U.S.C., are entitled to 22 days of military leave under 5 U.S.C. 6323(b). .

B. Computation of military leave. Military leave is converted into hours and charged in units of hours in order to avoid disparity in benefits for employees who work five 8-hour day tours of duty and those who work uncommon tours of duty (49 Comp. Gen. 234).

1. For active duty or for training purposes. Military leave for active duty or for training purposes is computed on a calendar day basis, for both full-time and part-time employees. Nonworkdays falling within a period of absence on active military duty or training are charged against the 15 calendar days of military leave accrued during the fiscal year plus any leave accumulated from a previous fiscal year. However, nonworkdays occurring at the beginning or end of the active duty or training period are not charged as military leave (27 Comp. Gen. 245).

2. For law enforcement purposes. Military leave for law enforcement purposes is computed on a workday basis, for both full-time and part-time employees. Military leave for this purpose is limited to 22 workdays in a calendar year (although any unused military leave under 5 U.S.C. 6323(a), may be used for Federal law enforcement only (see “procedures”). This leave is charged only for absence on regular workdays on which the employee would otherwise work and receive pay at straight time rates. Leave is not charged for days on which overtime rates would be paid, for holidays or for other nonworkdays.

C. Provisions regarding dual compensation

1. Payment for military leave for active duty or for training. Employees absent on military leave for active duty or for training are entitled to receive both their regular civilian pay and the military pay and allowances to which they may be entitled on account of duty as a member of a reserve component of the Armed Forces or the National Guard (5 U.S.C. 2105(d) and 5534).

2. Payment for military leave for law enforcement.

a. Employees on military leave for law enforcement purposes are not generally entitled to dual compensation. Employees on military leave for this purpose, on a regular civilian workday, may not receive any military pay (other than a travel, transportation, or per diem allowances) in addition to their civilian pay. The military pay received must be forwarded to the employees' payroll office (5 U.S.C. 5519) and credited toward their civilian pay.

b. An employee who performs military service on a nonworkday may receive military pay without any deduction from civilian pay.

c. An employee who has completed the tour of duty in his or her civilian position before being ordered to report for military duty on the same day is entitled to receive both civilian compensation and military pay for that day, with no deduction of military pay from civilian pay.

3. Payment for military leave for District of Columbia National Guard.

a. When employees, who are members of the District of Columbia National Guard, are authorized military leave for certain parades and encampments, for active duty or for training purposes, their civilian pay will not be reduced by any amount received for this military service.

b. When employees, who are members of the District of Columbia National Guard, are assembled for purposes of law enforcement, their absence is charged to the 22 workdays authorized for that purpose, and their military pay is deducted from their civilian pay.

4. Premium pay while on military leave. Employees are entitled to the same compensation (including scheduled overtime, night differential, and Sunday premium pay) which they would have received had they rendered service to a civilian position on the days they were required to be absent on military leave (27 Comp. Gen. 353; unpublished decision, Comp. Gen. B-113457, February 5, 1953).

Eligible employees must present their military orders to their supervisor. Only in rare instances, when the absence of an employee would seriously disrupt FHWA program operations, should the FHWA explore having the employee excused from his/her military duties by the appropriate military authority. If the military is unable to reschedule the military duty, the FHWA may deny an employee the leave (military, annual, LWOP) necessary to complete his/her military obligation (44 Comp. Gen. 224).

Employees called to the Federalized National Guard for law enforcement purposes may, at the expiration of the 22 workdays of military leave allotted under 5 U.S.C. 6323(b), draw on any unused military leave allotted under 5 U.S.C. 6323(a).

If the employee has insufficient military leave to cover all required absences for military duty, he or she will be granted annual leave or LWOP for the remainder.

Excused absence or "administrative leave" for these purposes is prohibited (49 Comptroller General (Comp. Gen.) 233).

Employees called by a State or the District of Columbia National Guard for law enforcement purposes may, at the expiration of the 22 workdays of military leave allotted under 5 U.S.C. 6323(b), be granted only annual leave or LWOP.

When an employee absent on annual leave is ordered to military training duty, he or she may have the annual leave converted to military leave for the appropriate period.

An employee must be in a duty or leave with pay status immediately before or after military duty in order to be granted military leave. If the employee was not in a duty or leave with pay status, no military leave can be granted since no civilian pay would have been lost (11 Comp. Gen. 469 and 29 Comp. Gen. 269).

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