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Entitlement to Military Leave Prior to Appointment

B-205972: May 25, 1982

A GAO opinion was requested concerning the entitlement of a new appointee to military leave when he was called to active duty in the Reserves prior to his entrance on duty for a civilian position. Because a prerequisite for appointment to the position was membership in an Army Active Reserve unit, the employee enlisted in such a unit. The employee reported for active duty training after he signed...

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B-205972, MAY 25, 1982

B-205972: May 25, 1982

DIGEST: BECAUSE AN APPOINTMENT TO THE CIVIL SERVICE IS EFFECTIVE ONLY AFTER THE APPOINTEE HAS ACCEPTED THE APPOINTMENT AND ACTUALLY ENTERED ON DUTY. AN APPOINTEE WHO HAS NOT ENTERED ON DUTY IS NOT AN "EMPLOYEE" AS DEFINED IN 5 U.S.C. IS NOT ENTITLED TO MILITARY LEAVE UNDER 5 U.S.C. THE ISSUE IS WHETHER A NEW APPOINTEE IS ENTITLED TO MILITARY LEAVE WHEN HE IS CALLED TO ACTIVE DUTY IN THE RESERVES P...

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