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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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How is the reservist differential calculated?
How do you calculate differential pay through emergency leave?
Who is entitled to differential pay?
How does a reservist differential affect civilian pay and leave?
What is a reservist differential? A payment made to eligible Federal civilian employees who are members of the Reserve or National Guard during periods when they are called or ordered to active duty under certain specified provisions of law.
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.
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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- Coverage
- Types of Military Leave
- Days of Leave
- Effect on Civilian Pay
- References
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 prorated for part-time career employees and employees on an uncommon tour of duty.
5 U.S.C. 6323 (a) provides 15 days per fiscal year for active duty, active duty training, and inactive duty training. An employee can carry over a maximum of 15 days into the next fiscal year. 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 ...
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 ho...
An employee's civilian pay remains the same for periods of military leave under 5 U.S.C. 6323(a), 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) and (c), an employee's civilian pay is reduced by the amount of military pay for the days of milit...
5 U.S.C. 5519 and 5 U.S.C. 6323Public Law 106-554, December 21, 2000Public Law 108-136, November 24, 2003Comptroller General opinions:Dec 23, 2009 · 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...
Federal agencies must provide a payment—a “reservist differential”—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.
