§ 6323. Military leave; Reserves and National Guardsmen
(a)
(1)
Subject to paragraph (2) of this subsection, an employee as defined by section
2105 of this title or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, is entitled to leave without loss in pay, time, or performance or efficiency rating for active duty, inactive-duty training (as defined in section
101 of title
37), funeral honors duty (as described in section
12503 of title
10 and section
115 of title
32), or engaging in field or coast defense training under sections
502–505 of title
32 as a Reserve of the armed forces or member of the National Guard. Leave under this subsection accrues for an employee or individual at the rate of 15 days per fiscal year and, to the extent that it is not used in a fiscal year, accumulates for use in the succeeding fiscal year until it totals 15 days at the beginning of a fiscal year.
(2)
In the case of an employee or individual employed on a part-time career employment basis (as defined in section
3401
(2) of this title), the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed under paragraph (1) which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee or individual during that fiscal year.
(b)
Except as provided by section
5519 of this title, an employee as defined by section
2105 of this title or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who—
(1)
is a member of a Reserve component of the Armed Forces, as described in section
10101 of title
10, or the National Guard, as described in section
101 of title
32; and
(2)
(A)
performs, for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life or property or the prevention of injury—
is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance or efficiency rating. Leave granted by this subsection shall not exceed 22 workdays in a calendar year. Upon the request of an employee, the period for which an employee is absent to perform service described in paragraph (2) may be charged to the employee’s accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave.
(c)
An employee as defined by section
2105 of this title or an individual employed by the government of the District of Columbia, who is a member of the National Guard of the District of Columbia, is entitled to leave without loss in pay or time for each day of a parade or encampment ordered or authorized under title 39, District of Columbia Code. This subsection covers each day of service the National Guard, or a portion thereof, is ordered to perform by the commanding general.
(d)
(1)
A military reserve technician described in section
8401
(30) [1] is entitled at such person’s request to leave without loss of, or reduction in, pay, leave to which such person is otherwise entitled, credit for time or service, or performance or efficiency rating for each day, not to exceed 44 workdays in a calendar year, in which such person is on active duty without pay, as authorized pursuant to section
12315 of title
10, under section
12301
(b) or
12301
(d) of title
10 for participation in operations outside the United States, its territories and possessions.
(2)
An employee who requests annual leave or compensatory time to which the employee is otherwise entitled, for a period during which the employee would have been entitled upon request to leave under this subsection, may be granted such annual leave or compensatory time without regard to this section or section
5519.
[1] See References in Text note below.