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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.

  5. Determine the amount of projected civilian basic pay for each affected pay period based on the projected rate and the employee’s tour of duty. Exclude pay for (1) hours before or after the qualifying period in the first and last pay periods and (2) any hours during a period of military nonpay status.

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  6. 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 exceeds military pay and allowances.)

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  7. Mar 15, 2011 · Employers managing leave issues for employees in the military now have more definitive guidance from the Internal Revenue Service (IRS) on how to handle taxation of differential military 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.