Eligibility for Military Leave
Any full-time and part-time employee meeting the following requirements is entitled to military leave:
- Is a member of a Reserve component of the Armed Forces or the National Guard;
- Is serving in a permanent, temporary indefinite, temporary pending establishment of a register (TAPER), or term appointment; and
- If part-time, has a scheduled tour of duty between 16 and 32 hours per week (as defined in 5 U.S.C. 3401(2)). Note that military leave under 5 U.S.C. 6323(a) is prorated for part-time career employees and employees on an uncommon tour of duty.
Employees with temporary appointments of less than one year, with temporary appointments not to exceed one year, or with intermittent work schedules are not entitled to military leave.
An employee’s eligibility for military leave is not dependent on return to duty in his/her civilian position (37 Comp. . 608)..
