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[Request for Decision Concerning Procedures To Charge Leave Accounts]

B-211249 Sep 20, 1983
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Highlights

A decision was requested concerning which procedures should have been used to charge the military and annual leave accounts of a civilian Navy employee for periods during which he performed active duty while in training as a member of the Navy Reserve. GAO was asked: (1) whether an employee may avoid being charged with military leave by simultaneously performing his civilian work while on active military duty; (2) whether an employee may elect to use annual leave rather than military leave on the days he is absent because he is performing active reserve duty; (3) whether military leave must be charged for civilian nonworkdays while the employee is on active duty; and (4) what procedures should be followed if the employee performs additional days of active duty for training after he has used up all of his military leave. GAO stated that, for periods during which an employee is subject to military control under active duty orders, he may not simultaneously be regarded as present for work in his civilian position. Military leave should be computed on a calendar-day basis instead of a workday basis except for days at the beginning or end of the active duty period. Under normal circumstances, an employee may not elect at his own option to use annual leave rather than military leave for days he is absent from his civilian employment while performing active military duty under orders. However, an employee may be involuntarily assessed annual leave or leave without pay for the days he is absent from civilian employment to perform active duty for training after his military leave has been exhausted. Therefore, in the case of the employee in question, a day of military leave should be assessed absent any evidence that he was not placed in an active duty status under orders until after he had completed his normal civilian workday, and a day of military leave should be charged for each calendar day thereafter for the period during which he remained in an active duty status. Military leave should be charged for each day of the Labor Day weekend. In addition, a day of annual leave or leave without pay should be charged for each additional workday that he was in an active duty status after his military leave was exhausted.

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