[Use of Military Leave for Active Standby Reserve Elective Training]

An opinion was requested as to whether the Federal Bureau of Investigation (FBI) can authorize its special agents to participate in elective Standby Reserve training, while denying the use of military leave. FBI currently prohibits the participation of its special agents in the Ready Reserve because they are key Federal employees. However, special agents may participate in the Standby Reserve to maintain their equity in the Reserve system. Members of the Standby Reserve have no training requirements, but they may elect to participate in unpaid Reserve training for retirement purposes. Special agents have asked FBI whether they might use annual leave for elective Standby Reserve training. FBI does not desire to authorize such elective Reserve training for its Special agents if it must grant military leave for that purpose. GAO stated that, if an employee participates in active duty for training, the employee is entitled to military leave. An employee who is eligible for military leave may not elect to use, nor may he voluntarily be charged with, annual leave until his military leave is exhausted. Therefore, GAO concluded that FBI must grant military leave to the extent that it is available and it may not charge, nor allow an employee to use, annual leave for periods in which he is entitled to military leave. Accordingly, the special agents who participate in the Standby Reserve are entitled to military leave if they participate in military duty or training, and annual leave may be used only for the time period of training in excess of the military leave available. The question as to whether participating special agents should be authorized to transfer from the inactive to the active status of the Standby Reserve should be decided by FBI and the services involved.