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- Subtracting the difference in military pay (excluding pay received while assigned to a combat zone, hardship duty pay, and family separation pay) from state pay for each month. Example: State pay is $2,723. Military pay is $2,000. The difference is $723.
Gather information on the amount of civilian leave (including military leave and annual leave) or other paid time off the employee-reservist takes, if any, for each civilian biweekly pay period during the qualifying period of active duty.
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People also ask
How do you calculate differential pay through emergency leave?
Who is entitled to differential pay?
How is the reservist differential calculated?
What if my state active duty pay is less than civilian pay?
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.
Subject to the rules and exceptions discussed below, USERRA guarantees an employee returning from military service or training the right to be reemployed at his or her former job (or as nearly comparable a job as possible) with the same benefits. Aspects of the law may change over time.
- 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: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.
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.
