Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
What are the benefits, if any, to current USPS/federal employees who wish to join an Armed Services/National Guard Reserve Unit. Can one create an initial enlistment (Basic Training and Qualifying School) and return to work under the same status as when before they left…versus one who has prior service skills who rejoins at his/her liberty as a Reservist and has no effect to pay or seniority. What would be required for a Leave of Absence?
A:
OPM and the U.S. Code outlines the employment rights and benefits of federal civilian employees who perform active military duty, which includes leave usage, health benefits, life insurance retention, restoration rights, etc. For instance, federal employees who perform active military duty may request paid military leave and an eligible full-time employee accrues 15 days (120 hours) of military leave each fiscal year. An employee who enters active military duty (voluntarily or involuntarily) has full job protection, subject to applying for reemployment within certain time limits. Visit http://www.opm.gov/oca/compmemo/2001/2001-09a.asp for additional details.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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