Military Leave

Military Leave Fact Sheet and Frequently Asked Questions

An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. A member of the Space Force in space force active status (as defined in 10 U.S.C. 101(e)(1)) is eligible for military leave under 5 U.S.C. 6323(a) and (b). A member of the Space Force on sustained duty under 10 U.S.C. 20105 is not eligible for military leave. The appropriate use of military leave will depend on the type of military duty being performed and the section of law cited on the order for the military activation.

Coverage

Any full-time Federal civilian employee whose appointment is not limited to 1 year is entitled to military leave. Military leave under 5 U.S.C. 6323(a) is proportionally adjusted for part-time career employees and employees on an uncommon tour of duty.

Types of Military Leave

5 U.S.C. 6323(a) provides 20 days per fiscal year for active duty, active duty training, inactive duty training, or other duty or training listed in section 6323(a). An employee can carry over a maximum of 20 days for use in the next fiscal year.*

Note: Inactive Duty Training is authorized training performed by members of a Reserve component not on active duty and performed in connection with the prescribed activities of the Reserve component. It consists of regularly scheduled unit training periods, additional training periods, and equivalent training. For further information, see Department of Defense Instruction Number 1215.6, March 14, 1997.

* Section 1109 of Public Law 118-159 amended 5 U.S.C. 6323(a)(1) by increasing the number of days of military leave accrual and maximum carryover amount from 15 to 20, effective December 23, 2024. See CPM 2025-09 for information about implementation of the new law, including guidance for FY 2025 which limits the maximum amount of military leave an employee can use in FY 2025 to a total of 35 days (15 days carried over from FY2024 plus 20 days accrued in FY2025).

5 U.S.C. 6323(b) provides 22 workdays per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. This leave is provided for employees who perform military aid to enforce the law or assist civil authorities in the protection or saving of life or property or the prevention of injury, or 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 10 U.S.C. 101(a)(13).

** The term “contingency operation” means a military operation that—

A. is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or

B. results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of title 10, United States Code; chapter 13 of title 10, United States Code; section 3713 of title 14, United States Code; or any other provision of law during a war or during a national emergency declared by the President or Congress.

5 U.S.C. 6323(c) provides unlimited military leave to members of the National Guard of the District of Columbia for certain types of duty ordered or authorized under title 49 of the District of Columbia Code.

5 U.S.C. 6323(d) provides that Reserve and National Guard Technicians only are entitled to 44 workdays of military leave for duties overseas under certain conditions.

Days of Leave

Military leave should be credited to a full-time employee on the basis of an 8-hour workday. The minimum charge to leave is 1 hour. An employee may be charged military leave only for hours that the employee would otherwise have worked and received pay.

Employees who request military leave for inactive duty training (which generally is 2, 4, or 6 hours in length) are charged only the amount of military leave necessary to cover the period of training and necessary travel. Members of the Reserves, National Guard, and members of the Space Force in space force active status are not charged military leave for weekends and holidays that occur within the period of military service.

A full-time employee working a 40-hour workweek will accrue 160 hours (20 days x 8 hours) of military leave under section 6323(a) in a fiscal year, or the equivalent of two 80-hour biweekly pay periods. Military leave under section 6323(a) will be proportionally adjusted for part-time employees and for employees on uncommon tours of duty based proportionally on the number of hours in the employee’s regularly scheduled biweekly pay period.

Examples

Hours in the regularly scheduled biweekly pay period	Ratio of hours in the regularly scheduled pay period to an 80-hour pay period (the number of hours in the pay period /80)	Hours of military leave accrued each fiscal year	Pay Periods of military leave accrued each fiscal year
40	.5 (40/80)	.5 x 160 = 80 hours	2 pay periods
106	1.325 (106/80)	.325 x 160 = 212 hours	2 pay periods
120	1.5 (120/80)	1.5 x 160 = 240 hours	2 pay periods
144	1.8 (144/80)	1.8 x 160 = 288 hours	2 pay periods

Effect on Civilian Pay

An employee’s civilian pay remains the same for periods of military leave under 5 U.S.C. 6323(a) and (c), including any premium pay (except Sunday premium pay) an employee would have received if not on military leave. For military leave under 5 U.S.C. 6323(b), an employee’s civilian pay is reduced by the amount of military pay for the days of military leave. Employees benefit from taking military leave because they continue to accrue annual and sick leave while in a pay status. Even when there may not be a monetary advantage to using military leave under 5 U.S.C. 6323(b), employees should consider taking it to continue to accrue annual and sick leave. However, an employee may choose not to take military leave and instead take annual leave, compensatory time off for travel, or sick leave, if appropriate, in order to retain both civilian and military pay.

References

5 S.C. 5519 and 5 U.S.C. 6323
5 CFR 208
Public Law 106-554, December 21, 2000
Public Law 108-136, November 24, 2003
Public Law 118-159, December 23, 2024
Comptroller General opinions:
- B-227222 (11/05/78)-entitlement
- B-211249 (09/20/83)-incompatible with civilian service
- B-241272 (02/15/91)-duty into new leave year

Military Leave FAQs

Q1. What kinds of personnel actions should an agency process when an employee is using annual leave, military leave, earned compensatory time off for travel, sick leave, and/or leave without pay while performing duties with the uniformed services?

Agencies do not need to process any personnel actions (SF 50s) for periods of annual leave, military leave, earned compensatory time off for travel, or sick leave since the payroll system documents an employee’s use of paid leave. Agencies should document an employee’s use of leave without pay (LWOP) to perform duty with the uniformed services by processing a personnel action (SF 50) using nature of action “LWOP-US” (nature of action code 473). The effective date is the first day the employee begins to use leave without pay for duty with the uniformed services.

Employees may use annual leave, military leave, compensatory time off for travel, or sick leave (consistent with the statutory and regulatory criteria for using sick leave), intermittently with leave without pay while performing duty with the uniformed services. OPM does not require that agencies process return-to-duty actions for each period of paid leave. Periods of “LWOP-US” may be interrupted by periods of annual leave or military leave without the need to process any additional personnel actions.

Q2. May a Federal civilian employee who has been called to active duty continue to work as a civilian at his or her Federal agency?

No. The Comptroller General has ruled that an individual on active duty military service may not be employed in a civilian capacity with the Government. The Comptroller General has held that the rendition of services to the Government in a civilian capacity by a member of the armed services on active duty is incompatible with the member’s actual or potential military duties and payment for such services is not authorized in the absence of specific statutory authority. This is the case even though the civilian services are rendered during the military member’s hours of relaxation or time provided to attend to personal affairs. (See 64 Comp. Gen. 395, 399-400 (1985), and 47 Comp. Gen. 505-506 (1968).)

Q3. May an employee on active duty or active/inactive duty training choose to use annual leave, military leave, earned compensatory time off for travel, or sick leave intermittently with leave without pay (LWOP) each period?

Yes. OPM’s regulations at 5 CFR 353.208 implementing the Uniformed Service Employment and Reemployment Rights Act (USERRA) state that an employee performing service with the uniformed services must be permitted, upon request, to use any accrued annual leave, military leave, earned compensatory time off for travel, or accrued sick leave (consistent with the statutory and regulatory criteria for using sick leave), during such service. An employee is entitled to use annual leave, military leave, earned compensatory time off for travel, or sick leave intermittently with leave without pay while on active duty or active/inactive duty training.

Q4. Are employees entitled to both their military and civilian pay during periods of military leave taken under 5 U.S.C. 6323(b) in support of civil authorities or a national emergency?

No. An employee is entitled to the greater of his civilian or military pay, not both. Under 5 U.S.C. 5519, the military pay received by an individual who has been activated in support of civil authorities or a contingency operation must be credited (less any travel, transportation, or other per diem allowances) against any Federal civilian pay the employee received during the 22 workdays of military leave. An agency may calculate the amount of military pay (less any travel, transportation, or per diem allowances) an employee will receive for the time period that corresponds to the 22 workdays of military leave and reduce the employee’s civilian pay by that amount during the 22 workdays of military leave. In contrast, many agencies choose to continue to pay the employee his or her full civilian pay during the 22 workdays of military leave. At the end of the 22-day period of military leave, the agency requires the employee to refund to the agency an amount equal to the amount of military pay received (less any travel, transportation, or per diem allowances) up to the amount of his or her civilian pay for the time period that corresponds to the 22 workdays of military leave.

Q5. Under what conditions is a Federal employee who is called to active duty as a member of the National Guard, Reserves, or Space Force in space force active status entitled to military leave?

Employees who are called to active duty in support of an ongoing national emergency may be entitled to military leave under two separate provisions.

A Federal employee who is a member of the National Guard, Reserves, or Space Force in space force active status (as defined in 10 U.S.C. 101(e)(1) and not on sustained duty under 10 U.S.C. 20105) is entitled to 20 days of paid military leave under 5 U.S.C. 6323(a) each fiscal year for active duty, active duty training inactive duty training, or other duty or training listed in section 6323(a). An employee on military leave under section 6323(a) receives his or her full civilian salary, as well as military pay. This leave accrues at the beginning of each fiscal year, and all members of the National Guard, Reserves, or Space Force in space force active status (as defined in 10 U.S.C. 101(e)(1) and not on sustained duty under 10 U.S.C. 20105) should be credited with 20 days of paid military leave on October 1 of each year.

A Federal employee who is a member of the National Guard, Reserves, or Space Force in space force active status (as defined in 10 U.S.C. 101(e)(1) and not on sustained duty under 10 U.S.C. 20105) is also entitled to 22 workdays of military leave each calendar year under 5 U.S.C. 6323(b) for certain service in support of an ongoing national emergency such as 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, United States Code. (See Question 7 for the definition of the term “contingency operation”). Under this provision the employee is entitled to the greater of his military or civilian pay. (See Question 4.)

Employees also are entitled to use any accrued annual leave for periods of active military duty. Employees using annual leave will receive their full civilian pay, as well as compensation for their military service.

Q6. I have an employee who is a military policeman in the Reserves. He is being activated to perform base security at Andrews AFB. Is he entitled to the additional 22 days of military leave?

Yes. Effective November 24, 2003, all employees who have been activated in support of a national emergency declared by the President are entitled to the 22 days of military leave under 5 U.S.C. 6323(b).

Q7. When are employees eligible for an additional 22 days of military leave?

There are two conditions under which employees may be eligible for an additional 22 days of military leave under the provisions of 5 U.S.C. 6323(b). Members of the Reserves, National Guard, or Space Force in space force active status (as defined in 10 U.S.C. 101(e)(1) and not on sustained duty under 10 U.S.C. 20105) who perform military aid to enforce the law or assist civil authorities in the protection or saving of life or property or the prevention of injury are entitled to an additional 22 workdays of military leave. In addition, 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, United States Code, are entitled to 22 days of military leave.

*The term “contingency operation” means a military operation that–

Q8. I have an employee who is a member of the National Guard. His unit has been activated, at the request of the Governor of his State, to provide additional security at local airports. Is he entitled to the additional 22 days of military leave?

Yes. The President has authorized the Governors of several States and territories to use National Guard forces to provide supplemental security personnel for airport operations. Guard members ordered to such duty under 32 U.S.C. 502(f) are clearly assisting civil authorities in the protection of life and property. Therefore, in addition to the 20 days of military leave available for active duty, active and inactive duty training, or other duty or training under 5 U.S.C. 6323(a), a member of the National Guard also may be authorized military leave under 5 U.S.C. 6323(b) to perform military aid to enforce the law or assist civil authorities in the protection or saving of life or property or the prevention of injury, or to perform full-time military service as a result of a call or order to active duty in support of a contingency operation.

Q9. Is a member of the National Guard of the District of Columbia eligible for additional military leave under 5 U.S.C. 6323(c)?

Yes. However, military leave under 5 U.S.C. 6323(c) may be used only for limited purposes. A Federal civilian employee who is also a member of the DC National Guard is entitled to additional military leave as provided in 5 U.S.C. 6323(c) to participate in a “parade or encampment.” The law provides that this type of duty must be authorized under title 49 of the District of Columbia Code. Generally, this category of military leave is limited to drills and training under the authority of the Commanding General of the DC National Guard and is not appropriate for extended active duty in connection with the current national emergency.

Related Information

Military Leave FAQ