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  1. An employee on active military duty whose gross military pay is less than his/her gross state pay is entitled to differential pay. Differential pay will be granted through emergency leave in the percentage of time necessary to make up the difference between military pay and state pay.

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  3. When an agency has obtained the eligible employee-reservist’s monthly military LESs and determined the employee-reservist’s civilian tour of duty, leave use information, and initial and projected civilian basic pay, the reservist differential may be calculated.

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  4. The payment is equal to the amount by which an employee’s projected civilian “basic pay” for a covered pay period exceeds the employee’s actual military “pay and allowances” allocable to that pay period. (See Section I of the OPM Policy Guidance.)

  5. Step 1: Determine if the Time off Requested Falls Under USERRA as a Covered Military Leave. USERRA applies to all employers, regardless of size, and job candidates and to all regular employees,...

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  6. Overview. Under 5 U.S.C. 5538, employing agencies must pay differential payments to eligible Federal civilian employees who are members of the Reserve or National Guard (hereafter referred to as “reservists”) called or ordered to active duty under certain specified provisions of law.

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  7. Dec 23, 2009 · During civilian leave without pay periods, the reservist receives full military pay and may receive a reservist differential, which represents the amount by which civilian basic pay...

  8. A: Under section 6323(b)(2)(A)(ii) of title 5,15 you have the right to 22 days of military leave for state active duty. If your state active duty pay is less than your regular federal civilian pay, you are entitled to differential pay for that period.

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