TOPICS
TOPICS
Reservists win ruling on use of leave
Federal workers who served in the military reserves between 1994 and 2000 may be eligible for retroactive compensation because of a July 15 ruling by the Merit Systems Protection Board.
A group of employees filed a claim with MSPB, alleging that their agencies illegally charged them military leave for nonworkdays, such as weekends and holidays, when they served in the reserves. That action forced reservists to use annual leave, sick leave and leave without pay to complete their military obligations, they claimed.
MSPB is charged with reviewing significant actions of the Office of Personnel Management.
OPM, prior to the MSPB ruling, administered guidance to federal agencies that stated employees could recover leave only for the past six years, beginning in 1999. An MSPB administrative judge previously upheld OPM's six-year limit. The full board, however, in its ruling, reversed that decision and extended the date to 1994.
Tully, Rinckey & Associates, the law firm representing the reservists, said the latest ruling could allow its clients "to receive as much as four times the amount of compensation allowable under the current OPM guidance."
Compensation would be in the form of extra leave days for most employees. Retirees and workers who used leave without pay to compensate for the extra days may receive cash, according to Greg Rinckey, the reservists' lawyer. Rinckey said his firm represents about 1,000 federal workers in this complaint and estimates the ruling could affect up to 100,000 people.
MSPB based its decision on the 1994 Uniformed Services Employment and Reemployment Rights Act, which prohibits discrimination against workers because of their service in the military. The government argued that the 1940 Barring Act, which gives OPM authority to settle claims involving leave, requires that claims be received within six years of the wrongdoing. The act includes a caveat, however, saying this rule applies "except...as provided in this chapter or another law." The board ruled that since there is no time limit under USERRA, that law negates the Barring Act.
The board also noted that because it found that the Barring Act does not apply, that "does not necessarily mean that there is no limit on the extent of the appellants' potential recovery."
Since USERRA was passed in 1994, the board said it could not adjudicate claims made before that date, leaving the decision up to an administrative judge for future claims. Rinckey said even claims back as far as 1980 might be eligible for compensation, and that his firm is currently working on those claims.
The Justice Department, which represented the government in this case, did not respond to phone calls asking for comment.
COMMENTS
- This is all very interesting. Both my husband (who is now deceased) and I were technicians being charged leave on non-working days. I would like to collect anything owed (I've been a technician since 1974) except I can't seem to find how I go about it. Tully, Rinckey & Associates only handles New York and one or two other states, of which mine is not one of them. I tried filing on the USERRA web site, but am not sure who make my appeal against. Sure wish there was more information about how individuals go about making claims Elaine Posted May 23, 2006 7:34 AM
- Once the process was made available to file the claim, I did so. I provided documentation for compensation of 30 days. Of the 30 days I filed for, I was awarded six days total. As it turns out, only six years retroactive from the date that I filed were eligible to be compensated. The six years were then broke down into fiscal years … "a maximum of 4 days of annual leave may be credited for each fiscal year." So help me understand this ... you may now be "eligible for compensation dating as far back as 1980" but can only claim as far back as six years from the date you submit your claim. My military deployments were scheduled by the calendar year which means that several times, I had multiple deployments within the same fiscal year but not calendar year. So of 30 days wrongfully (fully documented) taken from me, I was compensated for 6. Don’t get your hopes up too high. I’m here to help you!!!!! GovExec.com reader Posted March 7, 2006 10:04 PM
- To signed NAVY, I'm confused. What article did you read? And since when did you get paid your Civil Service salary while using Military Leave on a NON-WORKING day(s) (typically SAT or SUN)? The only time the double dip occurs should be when you are performing military duty, using military leave, during your regular assigned Civil Service working schedule (typically MON – FRI). On Saturdays and Sundays you should only be receiving the military pay and not Civil Service pay as those are normal days off. The problem that exists, for most, is the fact that we were being charged military leave for these Saturdays and Sundays and NOT receiving any Civil Service compensation. We should not have been charged leave for the weekends because we were receiving military pay only on the weekends. Those weekends belonged to me not my federal employer who was charging the leave against me and not paying me a penny for the use of that leave. It sounds as if you were improperly paid rather than having your military leave improperly charged. No wonder why you wouldn't want to participate and open your files for review because yes, you would be paying some money back. And if what you say is a fact, then you should be square all around with your leave (Since you got paid for the weekends also) and have nothing to dispute. Also, I don't know of any requirement to have to buy back anything (other than credible military service) and that is a different subject. Restoration of improperly charged Military Leave is what is being fought for by AFGE. DDF Posted August 1, 2005 9:00 PM
