Entitlement to Military Leave by Part-Time Career Employee

A federal agency requested an advanced decision regarding whether a part-time career employee may be granted military leave. The employee held an appointment as a part-time career employee and was a member of the Washington Air National Guard. As a member of the Air National Guard, the employee was required to perform annual training. GAO held that the legislative history of the Military Leave Act indicated that part-time employees are to be excluded from military leave benefits. Moreover, within the Federal Employees Part-Time Career Employment Act of 1978, there was no amendment extending to part-time employees the benefits of military leave. Accordingly, the employee may not be granted military leave.