Leave (U.S. Military) - Entitlement

Entitlement

Under normal circumstance, all personnel are granted 30 days of leave per year. This time is usually used for vacations and other extended time periods away from the service that are longer than three days or need to be taken in the middle of the week. Leave is accumulated at the rate of 2.5 days per month. A member's leave is annotated in the monthly Leave and Earnings Statement.

Under 5 U.S.C. §6323(a)(1), federal employees who are reservists are allowed “15 days” of annual paid leave for reserve or National Guard training. Prior to 2000, the Justice Department, as had other federal agencies, included days employees were not scheduled to work but would be at reserve training when calculating how much leave an employee used. This miscalculation resulted in the Federal Appeal of Butterbaugh v. Department of Justice, 336 F.3d 1332 (Fed. Cir. 2003). The Butterbaugh Decision changed things for these reservists and would result in many more federal employees finding their reservist time wrongly charged.

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