§ 5538. Nonreduction in pay while serving in the uniformed services or National Guard
(a)
An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section
101
(a)(13)(B) of title
10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which—
(b)
Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)—
(c)
Any amount payable under this section to an employee shall be paid—
(d)
The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section.
(e)
(1)
The head of each agency referred to in section
2302
(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency.
(f)
For purposes of this section—
(1)
the terms “employee”, “Federal Government”, and “uniformed services” have the same respective meanings as given those terms in section
4303 of title
38;
(2)
the term “employing agency”, as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section
2302
(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter
43 of title
38; and