D.C. Mun. Regs. tit. 6, r. 6-C1262

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-C1262 - MILITARY LEAVE

1262.1

For the purposes of this section, the following terms have the meaning ascribed:

Reserve component of the Armed Forces - the Army National Guard of the United States; the Army Reserve; the Naval Reserve; the Marine Corps Reserve; the Air National Guard of the United States; the Air Force Reserve; or the Coast Guard Reserve.

Military leave - authorized absence without loss of or reduction in pay, leave, or credit for time or service, for the performance of military service as provided in this section. Military leave shall be distinguished from military furlough, which is a period of extended absence without pay while on extended active duty for general military service.

1262.2

An employee serving in a permanent appointment, temporary appointment pending establishment of a register (TAPER), term appointment, or indefinite appointment, who is a member of a reserve component of the Armed Forces, shall be entitled to military leave for each day, but no more than fifteen (15) calendar days in any one (1) calendar year in which he or she is on active duty, inactive-duty training under 37 U.S.C. § 101, funeral honors duty under 10 U.S.C. § 12503 and 32 U.S.C. § 115, or engaged in field or coast defense training under 32 U.S.C. §§ 502 through 505.

1262.3

An employee serving in a permanent appointment, temporary appointment pending establishment of a register (TAPER), term appointment, or indefinite appointment, who is a member of a reserve component of the Armed Forces, who performs fulltime service for the purpose of providing military aid to enforce the law or in support of a contingency operation as defined in 10 U.S.C. § 101(a)(13), shall be entitled to military leave, for not to exceed twenty-two (22) workdays in a calendar year, for either of the following:

(a) Federal service under 10 U.S.C. §§ 331, through 333, or other provision of law, as applicable; or

(b) Full-time military service for his or her state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.

1262.4

The pay due an employee who is granted military leave under section 1262.3 of this section shall be subject to the following:

(a) The pay due the employee shall be reduced by any amount (other than travel, transportation, or per diem allowance) received by the employee for such military service as a member of a reserve component of the Armed Forces;

(b) The receipt of military pay shall not only reduce the employee's entitlement to civilian pay as provided in section 1262.4 (a) of this section, but shall also reduce his or her required contribution to the Civil Service Retirement Fund, if applicable, in the same manner as non-pay status reduces such contribution; and

(c) Civilian pay shall be reduced only by the amount that the employee receives for military service performed on a workday, and not by any amount that the employee might receive for military service performed on a nonworkday.

1262.5

When the D.C. National Guard is ordered to duty to perform the kind of services for which military leave is provided under section 1262.3 of this section, the military leave must be charged to the leave specified therein and an appropriate adjustment made in civilian pay as provided in section 1262.4 of this section.

1262.6

An employee serving in a permanent appointment, temporary appointment pending establishment of a register (TAPER), term appointment, or indefinite appointment, who is a member of the D.C. National Guard, shall be entitled to unlimited military leave without loss in pay for each day of any parade or encampment that the D.C. National Guard, or any portion thereof, is ordered to perform under title 49 of the D.C. Official Code by the Commanding General, but does not include time spent at weekly drills and meetings.

1262.7

An employee with a scheduled tour of duty shall be entitled to military leave as provided in this section.

1262.8

Military leave shall be granted only when competent orders are presented to the appropriate agency official(s).

1262.9

Military leave may be taken intermittently, a day at a time, or as otherwise directed under orders issued by competent military authority; provided, however, that the maximum amounts authorized are not exceeded.

1262.10

It shall be a prerequisite to entitlement to military leave that the employee was in a pay status either immediately prior to the beginning of the period of military service, or returned to a pay status immediately afterwards.

1262.11

An employee shall not be eligible for military leave for the following types of service:

(a) Summer training as members of Reserve Officers Training Corps, when employees shall be carried in leave-without-pay status;

(b) Temporary Coast Guard Reserve;

(c) Participation in parades by members of the National Guard of any jurisdiction except the D.C. National Guard as provided in section 1262.6 of this section;

(d) Training with a state defense organization or a state military organization that is not a part of the National Guard, or any other organization created by the state in the absence of the state National Guard during an emergency;

(e) Weekly drills and meetings as a member of any reserve component of the Armed Forces, including the D.C. National Guard;

(f) Civil Air Patrol (established as a civilian auxiliary of the United States Air Force pursuant to An Act To establish Civil Air Patrol as a civilian auxiliary of the United States Air Force and to authorize the Secretary of the Air Force to extend aid to Civil Air Patrol in the fulfillment of its objectives, and for other purposes, approved May 26, 1948, Pub. L. 557, 62 Stat. 274);

(g) Time taken on a workday to travel to the place where the training is to begin unless military training orders encompass the period of travel time required;

(h) Active duty as a commissioned officer in the Reserve Corps of the U.S. Public Health Service; or

(i) Active duty with a state National Guard unit when ordered to duty by state authority, except when called for duty as specified in section 1262.3 (b) of this section.

1262.12

An employee who is a member of one of the reserve components of the Armed Forces and who is ordered into the active military service of the United States with the pay and allowances of his or her grade, may not, during the periods of such service, be employed in an active civilian capacity under OAG and receive pay therefore in the absence of specific statutory authority.

1262.13

Military leave shall be granted under section 1262.2 of this section subject to the following conditions:

(a) An employee may be carried in a military leave status for fifteen (15) calendar days, provided such leave has not been used previously during the current year;

(b) Military leave shall be limited to fifteen (15) calendar days in a calendar year, regardless of the number of training periods in the calendar year;

(c) Nonworkdays falling within a period of absence on military training duty shall be charged against the fifteen (15) days of military leave allowed during the year; however, nonworkdays occurring at the beginning or end of the training period shall not be charged;

(d) An employee shall not be granted more than fifteen (15) days of military leave for any one (1) period of active duty, regardless of whether that period is wholly within one (1) calendar year, or extends over more than one (1) calendar year, and regardless of whether more than one (1) set of orders is involved;

(e) There is no requirement that the first fifteen (15) days of a longer period of active duty be considered as the period for which military leave is to be granted; if circumstances in any particular case warrant it, any other fifteenday (15-day) period may be designated as the period for which military leave shall be granted, so long as the intent of the statute is otherwise observed; and

(f) When an employee who has been granted the maximum of fifteen (15) days allowed during any calendar year is subsequently ordered to a second (2^nd) period of training duty, and the later period extends into the next calendar year, the employee may be granted military leave commencing on the first day of the new calendar year, provided the employee was in a duty or pay status when he or she entered the second (2^nd) period of training duty.

1262.14

If a physical examination is required in connection with military leave:

(a) The time required for such examination shall be counted as part of the military leave, if it does not cause the total period of absence to exceed the maximum number of days allowed and

(b) If the physical examination cannot be taken within the maximum period of time allowed, the required additional absence shall be charged to sick leave, annual leave, compensatory time, or leave without pay, as appropriate.

1262.15

An employee who is a member of a reserve component of the Armed Forces who is called for a period of military service in excess of the maximum number of days allowed for military leave may use annual leave, compensatory time, or leave without pay for the period of absence from duty.

1262.16

A member of a reserve component of the Armed Forces may also be carried in an annual leave status to the extent of annual leave accrued during the period of active military service.

1262.17

When an employee, while on annual leave before a furlough-without-pay occurring prior to separation by reduction in force, is called to military training duty, military leave shall be regarded as interrupting his or her annual leave status so as to permit him or her to revert to an annual leave status at the termination of the military leave before the previously fixed reduction-in-force termination date.

1262.18

An employee who is scheduled to work on an evening or weekend, and who is simultaneously required to be absent from duty to participate in evening or weekend drills or meetings with his or her reserve component unit, and for whom a schedule adjustment, as provided in section 1204.2 (h) of this chapter, cannot reasonably be made, shall be excused from duty, but the absence shall be charged to annual leave, compensatory time, or leave without pay, as appropriate.

D.C. Mun. Regs. tit. 6, r. 6-C1262

Final Rulemaking published at 69 DCR 4210 (4/29/2022)