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Benefits · Topic 10 · Leave & Time Off

Thirteen kinds of paid leave that are neither annual nor sick.

Most federal employees can name two of them. None of these touch your annual balance.

15 days
Military leave, each fiscal year
+22
Workdays more, in defined cases
30 days
Organ donation, per calendar year
Zero
Annual leave any of this costs you

I The full list

Subchapter II of 5 U.S.C. chapter 63 is titled “Other Paid Leave.” It contains these:

§Leave
6321Veterans attending funeral services
6322Jury or witness service
6323Military leave — Reserves, Guard, certain Space Force
6324Absence of certain police and firefighters
6325Hostile action abroad
6326Funerals of immediate relatives in the Armed Forces
6327Bone marrow or organ donation
6328Funerals of fellow federal law enforcement officers
6329Disabled veteran leave
6329aAdministrative leave
6329bInvestigative and notice leave
6329cWeather and safety leave
6329dParental bereavement leave

None of these draw down annual or sick leave. Several were added recently enough that agencies still do not publicise them well — and the burden of knowing they exist has largely fallen on employees.

II Military leave

Under 6323(a), a Reserve or National Guard member gets 15 days — 120 hours — each fiscal year, credited on 1 October. It covers active duty, active duty training, inactive duty training, funeral honors duty, and field or coast defense training.

Three details that make it worth more than it looks

Holidays and non-duty weekends do not count against the 15-day ceiling. You may be charged only for hours you would otherwise have worked and been paid for. And the minimum charge is one hour — so a four-hour inactive duty training drill costs four hours, not a day.

Under 6323(b) there is an additional 22 workdays in a calendar year for military duty supporting civil authorities in the protection of life and property, or full-time service under a call to active duty in support of a contingency operation. These are separate entitlements, and leave under more than one provision can be used consecutively.

Entitlement depends on your appointment. Permanent, term, and temporary indefinite appointments of a year or more qualify, as do part-time career employees working 16 to 32 hours a week. Intermittent employees are not entitled to military leave at all. Check your SF-50 before relying on it.

III Court leave

6322 covers jury or witness service without loss of pay and without touching your annual leave.

The real question is the money. The general position is that jury fees are remitted to the agency, while genuine expense reimbursements — mileage, parking — may be kept. Treatment differs between federal and state or local courts.

Ask before you cash the cheque

This is a small amount of money attached to a rule people get wrong in both directions. Some employees hand back reimbursements they were entitled to keep; others keep fees they owed. Ask your servicing HR or payroll office what to do with a specific payment before depositing it.

IV Donor leave

6327 gives a separate category of paid leave, in addition to annual and sick:

DonationPaid leave per calendar year
Bone marrow7 days
Organ30 days

The 30 days reflects that recovery from a living organ donation typically runs six to eight weeks — the original entitlement was 7 days for both and was raised for organ donation in 1999.

One limit worth knowing: OPM has stated that someone having their own bone marrow removed and stored for their own future treatment is not a donor and cannot use this leave. Sick and annual leave apply there instead.

V Military Leave Tracker

5 U.S.C. 6323

How Much Do I Actually Have?

Weekly tour of duty
Hours used this fiscal year
Carried over from last year
Duty type coming up
Hours you would otherwise work
96 hrs
Military leave remaining this fiscal year
Your entitlement
120 hrs
15 days at your tour
After this duty
88 hrs
would remain
Annual leave cost
0
military leave is separate

VI Religious comp time

Separate from chapter 63 entirely. Under 5 U.S.C. 5550a, an employee whose personal religious beliefs require abstention from work during certain periods may work compensatory overtime hours to make up the time rather than charging the absence to annual leave.

The feature that makes it useful

The compensatory hours may be worked before the absence as well as after it. So the time can be banked in advance of an observance you know is coming. Agencies must approve the request unless doing so would interfere with efficiently carrying out the agency’s mission.

It is not annual leave, it is not credit hours, and it does not depend on your work schedule being flexible — which distinguishes it from the credit hours available only under a flexible schedule, covered in alternative work schedules.

VII Playbook

SituationWhat to do
Reservist with a drillCharge only the hours you would have worked. Four-hour drill, four hours.
Two-week annual trainingWeekends and holidays in the middle don’t count against the 15 days.
Called up for a contingencyDifferent provision — 22 workdays under 6323(b), on top of the 15.
Intermittent appointmentYou are not entitled to military leave. Check your SF-50.
Summoned for jury dutyCourt leave. Don’t charge annual leave.
Handed a jury chequeAsk HR before cashing it. Fees and expenses are treated differently.
Donating an organUp to 30 days, separate from sick and annual.
Storing your own marrowNot donor leave. Use sick leave.
Religious observance comingBank the comp hours in advance under 5 U.S.C. 5550a.
Office closed for weatherWeather and safety leave exists as its own category.
Action checklist

Claiming what you already have

  • Check your appointment type before assuming military leave entitlement.
  • Confirm your military leave balance and carryover with payroll each October.
  • Charge military leave in hours, not days, for short drills.
  • Keep a copy of every set of military orders you submit.
  • Use court leave rather than annual leave for jury service.
  • Ask about fees before depositing anything from a court.
  • Raise donor leave with HR early — it is unfamiliar to many offices.
  • Request religious compensatory time in writing, in advance.

Questions

Fifteen days, or 120 hours, of paid military leave each fiscal year under 5 U.S.C. 6323(a), credited at the beginning of the fiscal year on 1 October. It covers active duty, active duty training, inactive duty training, funeral honors duty and field or coast defense training. Holidays and non-duty weekends do not count against the fifteen-day ceiling, and you may be charged military leave only for hours you would otherwise have worked and been paid for. The minimum charge is one hour.

Yes. Section 6323(b) provides an additional 22 workdays in a calendar year in two situations: military duty in support of civil authorities in the protection of life and property, and full-time military service under a call or order to active duty in support of a contingency operation as defined in 10 U.S.C. 101(a)(13). These are separate entitlements from the fifteen days, and an employee can use leave under more than one provision consecutively.

A limited amount does. The fifteen days are credited at the start of each fiscal year, and unused military leave under 6323(a) may be carried into the following year subject to a ceiling, so the effective maximum in any one year can exceed fifteen days. Because the mechanics vary by payroll provider and by work schedule, confirm your actual balance and carryover with your servicing human resources or payroll office rather than assuming the flat figure.

Yes. Court leave under 5 U.S.C. 6322 covers jury or witness service without loss of pay and without charge to your annual leave. The question people actually have is about the fees. The general position is that jury fees are remitted to the agency while genuine expense reimbursements such as mileage and parking may be kept, but the treatment differs between federal and state or local courts. Confirm with your agency before you cash anything.

A separate category of paid leave under 5 U.S.C. 6327, in addition to annual and sick leave. An employee may use up to 7 days of paid leave each calendar year to serve as a bone marrow donor, and up to 30 days each calendar year to serve as an organ donor. OPM has been clear that the purpose is to encourage donation rather than to benefit the employee: someone having their own bone marrow removed and stored for their own future treatment is not a donor and must use sick or annual leave instead.

Under 5 U.S.C. 5550a, an employee whose personal religious beliefs require abstention from work during certain periods may elect to work compensatory overtime hours to make up the time, rather than charging the absence to annual leave. The useful feature is that the compensatory hours may be worked before the absence as well as after it, so the time can be banked in advance of a known observance. Agencies must approve the request unless doing so would interfere with efficiently carrying out the agency's mission.

Subchapter II of chapter 63 also provides for absence of veterans to attend funeral services, absence resulting from hostile action abroad, funeral leave for immediate relatives in the Armed Forces, funeral leave for fellow federal law enforcement officers, disabled veteran leave, administrative leave, investigative and notice leave, weather and safety leave, and parental bereavement leave. Several of these were added comparatively recently, and agencies do not always publicise them well.

No. Entitlement generally extends to permanent appointments, term appointments, and temporary indefinite appointments of one year or more, as well as to part-time career employees working between 16 and 32 hours a week. Extensions of, or consecutive, temporary appointments that add up to more than a year do not by themselves create the entitlement, and intermittent employees are not entitled to military leave at all. Check your appointment type on your SF-50 before relying on it.