Some federal reservists may reclaim lost time off
OPM directive opens the door for federal employees who are military reservists to file claims for time off that was wrongly taken away.
The Office of Personnel Management told federal agencies Wednesday to restore annual leave to employees who were unfairly penalized when they left to participate in reserve military training.
The OPM directive comes as a result of a 2003 decision by the Court of Appeals for the Federal Circuit, which found that federal employees on military leave were being unjustly forced to take time off. In the case, Butterbaugh v. Justice Department, the court found that employees who were training with the reserves and exceeded their allotted 15 days of military leave were compelled to take personal vacation time to fulfill their military commitment.
"Agencies should have allowed 15 workdays of military leave for reserve training (instead of 15 calendar days, as the language in this section was previously interpreted and applied prior to the court's ruling)," the OPM memo said. "The plaintiffs in Butterbaugh maintained that, because they were charged military leave for nonwork days within their period of military duty, they exceeded their allowance of 15 days of military leave each fiscal year and were forced to take leave without pay or annual leave to complete their annual reserve training."
On Dec. 21, 2000, however, federal personnel regulations were amended so that employees would not be required to take military leave for nonwork days. OPM directed federal agencies to accept relevant claims filed after the date of the Butterbaugh decision-July 24, 2003. The claims must be related to leave that was taken within six years of the claim and before the December 2000 change in personnel regulations.
"For example, if an employee filed a claim on August 1, 2004 … the agency must consider any period of military service between August 1, 1998, and December 21, 2000," according to the memo.
The OPM guidance said the burden is on the employee to prove that he or she was unfairly forced to take personal leave or unpaid time off.
"An employee making a claim must supply a copy to his or her employing agency of the employee's orders, certification of attendance, or other documentation indicating that he or she engaged in one or more periods of active-duty military duty that included nonwork days," the memo said. Employees who believe they are eligible to make claims should contact their agency's human resources office.
Federal workers with valid claims will receive one day of annual leave for each nonwork day that was incorrectly taken. Employees who have retired or left their agencies are eligible to receive a payment for their time off.