The Federal Government will Become America's Model Employer for the 21st Century.
Recruit, Retain and Honor a World-Class Workforce to Serve the American People.
Review the Federal Employees Group Life Insurance (FEGLI) Handbook
Answering your questions about Healthcare and Insurance
Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
OPM’s Human Resources Solutions organization can help your agency answer this critically important question.
Developing senior leaders in the U.S. Government through Leadership for a Democratic Society, Custom Programs and Interagency Courses.
Visit this federal site to search for our regulatory notices, proposed and final rules.
See the latest tweets on our Twitter feed, like our Facebook pages, watch our YouTube videos, and page through our Flickr photos.
The content available is no longer being updated and as a result you may encounter hyperlinks which no longer function. You should also bear in mind that this content may contain text and references which are no longer applicable as a result of changes in law, regulation and/or administration.
OPM Contact: Murray M. Meeker
On November 6, 1981, the claimant separated from his National Guard Technician position with the [xxx] National Guard to perform military service. The claimant asserts that under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Pub. L. No. 103-353, he is entitled to payment in the amount of $19,063.76 for periods of military leave while he was performing military service from October 18, 1981 to September 30, 1996. For the reasons discussed herein, the claim is denied.
Military leave is intended as a benefit for employees who, as members of the National Guard or Reserves, are required to perform two weeks of active duty for training each year. See Spradling v. City of Tulsa, 95 F.3d 1492, 1502 (10th Cir. 1996), cert. denied, 519 U.S. 1149 (1997), as cited in Kelly v. City of Mount Vernon, 162 F.3d 765, 770 n.3 (2d Cir. 1998). Military leave is not intended for individuals who abandon civilian positions to complete careers in the National Guard or Reserves. Similarly, the employment rights under USERRA do not extend to employees who leave their civilian employment to pursue military careers. See 38 U.S.C. 4301(a)(1) and 4312(a)(2). See also Paisley v. City of Minneapolis, 79 F.3d 722 (8th Cir.), cert. denied, 117 S.Ct. 298 (1996) and Lapine v. Town of Wellesley, 970 F.Supp. 55, 63 (D. Mass. 1997).
Because the claimant resigned his civilian position in 1981 to pursue a military career in the National Guard, he has no entitlement to military leave. Accordingly, the claimant is not entitled to payment for military leave during the period that he was performing military service from October 18, 1981 to September 30, 1996. This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.