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Return to Article: Reservists win ruling on use of leave

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  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
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  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
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  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
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  What a great idea!! -not-. When you use military leave for non workdays, guess what!!, you receive your Civil Service Salary in addition to your military pay! This was always a great plus for me. Where am I supposed to get the money to buy back this Annual Leave/Military Leave that I took for weekends. Since I enjoyed receiving double pay in 1990, am I going to have to buy it back? Will I also have to amend by tax returns to delete this extra salary I earned.

  They can keep things the way they are now and don't go back any further. What idiot thought this was a good idea? Maybe the same one who thought of NSPS! I can't even use the hours I currently receive for Annual Leave so why would I want to buy back hours? I lose Annual Leave every year because of workload. That's more time you "won't be performing" for NSPS.

  Signed, Thanks but no Thanks!

  GovExec.com reader Posted August 1, 2005 1:56 PM
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  Now it needs to be ruled to go back even further than 94'.I counted up my illegally charged military leave days during my 8 years as a DoD Army Reserve Technician (pre 94'). I have about 38 days owed to me. As I'm sure you have all been told before.. "it is important to keep all your documentation, someday you might just need it!"

  AFGE is taking up the fight to see this ruling go back as far as 1980. If you feel you have been unjustly charged military leave contact them. They will only accept claims until the end of August.

  Dave Posted July 28, 2005 1:38 PM
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  Finally the Reservists get their due. Not every agency did this, but a lot did. The 15 days of "military leave" translated into 2 weeks if the weekends "counted", and three weeks if only the workweek days "counted".

  I went into "retired status" a decade ago, but even then the old adage of "only two weeks active duty" each year had fallen by the wayside. Required training courses were extending to three weeks including travel, and activation for emergencies was driven by mission requirements, not calendars.

  The old interpretation was driven at least in part by the HR folks and their antiquated pay systems, which never seemed to be able to break up that "fifteen days" into smaller pieces, even though annual and sick leave was measured in 15 minute increments. Guess it just wasn't that important to fix that part of the puzzle. Glad folks will get compensated now.

  GovExec.com reader Posted July 28, 2005 9:03 AM
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  Maybe the federal workers that oppose new civilian personnel systems implemented by the DHS and DoD should hire the same law firm that represented the reservists. It seems that this law firm can get something done that makes sense, is just, and protects the federal civilian workforce.

  Tom Webb Posted July 28, 2005 8:22 AM
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  This is just another example of the incompetent managers in the government. OPM is the agency that oversees the implementation and conditions of the pay for performance scale that DoD wants to impose on employees. Now we know that the agencies themselves are incompetent mangers and the OPM is incompetent as well. Where is the employee protection in this mess! Thanks Congress for nothing - hope you get your desired political impact from the development of the total yes men in government employ that will generate the good ratings in pay for performance. No more incentive or protection for employees to speak their minds in government. Just say yes sir boss and carry on, or suffer from no pay increases (not even cola).

  taxpayer Posted July 28, 2005 6:46 AM
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  In my opinion, this case reflects the real way OPM feels about Reservist/National Guardsmen.

  OPM also denys Immediate Reduced Retirement (under 5 USC 8336 D 1) to Reservists/National Guardsmen who are over 50 years old with 20 years government service (or any age with 25 years service) who are involuntarily activated for service. The reasoning given is that it is not an involuntary separation since service with the Reserves/National Guard is optional!

  Stephen Coffman

  Stephen Coffman Posted July 27, 2005 9:21 PM