Under 5 U.S.C. 6323, Federal civilian employees who are members of the National Guard or Reserve receive 120 hoursper fiscal year of paid military leave. Most states have similar laws for state and local government employees. Thefollowing articles discuss those laws.
- Mississippi
- Missouri
- Nevada
- New Hampshire
- New Jersey
- Ohio
- Oklahoma
- South Carolina
- Tennessee
- Virginia
- West Virginia
- No. 033 Paid Military Leave for Federal Employees. November 2001
- No. 047 Good News from California. June 2002.
- No. 062 Paid Military Leave for Federal Civilian Employees. December 2002
- *No. 071 Paid Leave for Federal Employees Performing PHS Service. March-April 2003
- No.126 Paid Military Leave for Federal Employees
- *No. 141 Paid Military Leave for Federal Employees Continued (Correction 12/05/04)
- No. 151 Federal Employees Who Took Military Leave before 2001 May Be Entitled to Compensation
- No. 0614 Trilogy of New Rulings Affects Federal Employees
- No. 0752 Habit Forming: Federal Circuit reverses MSPB two more times
- No. 0835 Paid Military Leave for Federal Employees on Long-Term Military Duty
- *No. 10003 Differential Pay for Federal Employees
- No. 10010 Differential Pay for Federal Employees—Continued
- No. 10098 Paid Military Leave for National Guard Technicians
- No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
- No. 13008 NDAA 2013 Promotes Fairness for Coast Guard Reserve
- No. 13009 Differential Pay for Federal Employees Called to Active Duty for Contingency Service
- No. 13033 Right to Federal Employee Differential Pay Continues if Retained on Active Duty due to Combat Wound
- No. 13115 Notice to your Civilian Employer before AGR Duty
- No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
- No. 13160 Significant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” Authority
- No. 14028 I Volunteered for Active Duty—Am I Elligible for Differential Pay as a Federal Civilian?
- No. 14029 DOJ Sues Missouri Adjutant General under USERRA
- No. 14030 One Week of Excused Absence for Federal Employee Returning from Mobilization
- No. 14076 DOJ Sues Adjutant General of Missouri for Violating USERRA and Survives Motion to Dismiss
- No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
- No. 15056 What Is “Service in the Uniformed Services” for USERRA Purposes?
- No. 16015 Differential Pay—Don’t Abuse your Employer’s Generosity
- No. 16021 Does USERRA Give me the Right to Time Off from my Civilian Job for an Interview about Reassignment to a new Guard Unit?
- No. 16049 The Right to 15 Days of Paid Military Leave Applies to Federal Employees, Not Employees of Federal Contractors
- No. 16051 Wounded Warriors Federal Leave Act of 2015
- No. 16077 USERRA Gives you the Right to Time off from your Federal Civilian Job for Inactive Duty Training on a Weekday
- No. 16117 Reservists Called to Active Duty under 10 U.S.C. 12304b Are Not Eligible for Differential Pay as Federal Civilian Employees
- No. 16118 The Federal Write-in Absentee Ballot (FWAB)—First you Must Apply for a Regular Absentee Ballot before you Can Submit a Completed FWAB
- No. 16119 Differential Pay for Federal Employees Who Were Recalled to Active Duty To Respond to the Deepwater Horizon Disaster
- No. 17013 Because of NDAA 2017, National Guard Technicians No Longer Receive Paid Military Leave under 5 U.S.C. 6323 while on AGR Duty
- No. 17049 DC Government Is Treated as a State for USERRA Purposes
- No. 17082 Differential Pay for Federal Employees Voluntarily on Active Duty as National Guard or Reserve Service Members
- No. 18030 Great New Federal Circuit Case about Paid Military Leave for Federal Employees
- No. 18033 National Guard Technicians Are Precluded from Receiving Paid Military Leave while Performing “Active Guard and Reserve Duty” But Not while Performing Other Kinds of Military Service
- No. 18097 Am I Eligible for the Extra 22 Days of Paid Military Leave as a Federal Civilian Employee?
- No. 18101 Extra 22 Days of Paid Military Leave for RC Members on Active Duty in Support of Contingency Operations
- No. 18102 Differential Pay for Federal Civilian Employees Who Are Called to the Colors
- No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
- No. 19001 How Much Military Leave Am I Entitled to under USERRA
- No. 19045 Relationship between USERRA and State Law and Union Agreements
- No. 19049 National Guard Technicians Are Precluded from Receiving Paid Military Leave under Section 6323 of Title 5 When they Are on Active Guard & Reserve (AGR) Duty But not when they Are on other Forms of Active Duty
- No. 19054 National Guard Technicians Who Are away from Technician Jobs for Title 10 Active Duty Are Entitled to 15 Days per Year of Paid Military Leave under 5 U.S.C. 6323
- No. 19056 USERRA Coverage of National Guard Personnel
- No. 19069 Federal Employee away from Work for Uniformed Service Is Entitled to Step Increase upon Reemployment, Not during Service
- No. 19073 Full Pay while on the Basic 15 Days of Paid Military Leave, But only Differential Pay during the Extra 22 Days
- No. 19074 State Laws Protecting the Civilian Jobs of National Guard Members on State Active Duty—Do they Apply to Federal Employees?
- No. 19081 What Is a Reserve Component Technician?
- No. 19082 Special Additional Sick Leave for New Federal Employees who Are Disabled Veterans
- No. 20030 Right to Paid and Unpaid Military Leave for State and Local Government Employees in Massachusetts
- No. 20051 Paid Military Leave and Differential Pay for Federal Civilian Employees Who Are Members of the National Guard or Reserve
- No. 20057 You Have the Right To Use Vacation Days or other Paid Time Off for Your Military Duty, without Regard to State Law, the Collective Bargaining Agreement, or the Employer’s Policy
- No. 20058 Paid Military Leave for Federal Civilian Employees
- No. 21024 Federal Employee Called to the Colors as RC Member Is Entitled to Continued Civilian Health Insurance Coverage for Free
- No. 21050 Am I Entitled to Paid Military Leave?
- No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
- No. 21076 ROA Helps Enlisted Air National Guard Member who Is a Federal Employee To Receive Differential Pay for Active-Duty Periods.
- No. 21077 Paid Military Leave for Federal Employees
- No. 22037 Depriving You of Paid Military Leave under 5 U.S.C. § 6323 Violates USERRA.
- No. 22056 It Is Unlawful for your Pre-Service Employer, a Federal Agency, To Fire you for Exceeding the Five-Year Limit.
- No. 22057 National Guard Technicians Are Not Entitled To Receive Paid Military Leave under 5 U.S.C. § 6323(a)(1) when they Are on AGR Duty. They Are Entitled to Paid Military Leave when they Are on other forms of Military Duty.
- No. 23010 Paid Military Leave for State Employees Is Usually a Matter of State Law, and the State Laws Vary Greatly
- No. 23028 Future of Space Force Reserve and Guard Forces
- No. 23029 PHS Officers Are Protected by USERRA, But PHS Officers Are Not Entitled to Paid Military Leave under 5 U.S.C. § 6323.
- No. 23032 Recent USERRA Decision in the Northern District of Illinois
3.0 Reserve Retirement and Civilian EmploymentSection 12736 of title 10 (10 U.S.C. 12736) provides that it is unlawful to deny you civilian employment retirementcredit for a period of military service on the grounds that you are receiving Reserve (age 60) retirement credit forthe same period of service. This section and its implications are discussed in the following articles.
- *No. 002 Pension Credit for Military Service that Predates Civilian Employment. March 1998
- No. 013 Pension Credit for Pre-Employment Military Service. June 2000
- No. 015 Pension Credit for Military Service Continued. August 2000
- *No. 016 Department Involvement in State Issues. September 2000
- No. 021 State Retirement Credit for Military Service. Virginia Agrees with ROA’s Position. December 2000
- No. 048 Retirement Benefits for Government Employees Who Are Reservists. July-August 2002
- No. 057 State ‘No Double-Dipping’ Rules Violate Federal Law. November 2002
- No. 138 Pension Credit for Military Service—Continued
- No. 139 Pension Credit for Military Service
- No. 167 Pension Rights of Federal Employees Returning from Military Service
- No. 0607 How Does USERRA Apply To the Relationship Among Employers and Pension Plan Administrators?
- No. 10007 Active Duty that Enables You to Receive Reserve Retirement before Your 60th Birthday
- No. 12059 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
- No. 12100 Yes You Can Double-Dip!
- No. 13133 NYPD Violates USERRA Again
- No. 13150 Credit for Military Time for Leave Accrual Purposes as a Federal Employee
- No. 16038 Pension Rights in a Defined Contribution Plan
- No. 16040 Buying Federal Civil Service Retirement Credit for Years Spent at a Service Academy, Even if you are a Military Retiree
- No. 16091 Section 12736 Overrides State “No Double Dipping” Laws
- No. 16116 New Federal Employee Should Make Deposit for Previous Active Duty
- No. 18022 You Can Purchase Federal Civilian Retirement Credit for your Active Duty Time, and this Does Not Affect your Reserve Component Retirement at Age 60
- No. 18105 Yes, you Can Qualify for Regular Military Retirement and Reemployment under USERRA and Civilian Pension Credit for your Military Service Time
- No. 19005 Accrual of Annual Leave as a Federal Civilian Employee—Credit for Prior Active Duty
- No. 20038 Yes, Coast Guard Reservists Can Be Called to Active Duty Involuntarily for Domestic Emergencies
- No. 21009 Yes, You Can Double Dip
- No. 22028 Yes, You Can Double-Dip, New Hampshire Law to the Contrary Notwithstanding.
3.1 Federal Employment
- No. 0637 Does USERRA Apply To TSA Screeners?
- No. 11076 Active Duty Time Counts for Federal Civilian Leave Accrual Purposes, Part 2
- No. 15079 Unlawful for Federal Agency to Fire Employee for Contacting Congress
- No. 15085 Purchasing Federal Civilian Retirement Credit for Active Military Service before You Began Your Federal Civilian Career
- No. 21009 Yes, You Can Double Dip