UNCLASSIFIED Law Enforcement Leave LEL and State Active

UNCLASSIFIED Law Enforcement Leave (LEL) and State Active Duty (SAD) NGB Technician and Civilian Personnel Division NGB-J 1 -TCP As of: 23 MAR 2020/ 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED References • 5 USC Chapter 63 - Leave • 5 CFR 630 - Absence and Leave • DODI 1400. 25 Volume 630 - Do. D Civilian Personnel Management System: Leave • CNGBI 1400. 25 Vol 630 - Absence and Leave Program • 10 USC 101(a)(13) • 38 U. S. C. 4303 As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED • • Agenda What is Law Enforcement Leave Who is Eligible for LEL What are the Advantages of LEL What are the Disadvantages of LEL How to Process LEL What is State Active Duty What is 32 USC 502(f) Other Considerations As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED What is Law Enforcement Leave • Leave for the National Guard and/or Reserves • Leave without loss to pay that accrues per calendar year at the rate of 176 hours. • **It is not dual compensation or double dipping** • Unused leave does not carry over As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED Who is eligible for LEL • Temporary Employees are not eligible • Must be a member of the Reserves or National Guard • AND Must be performing duty for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life or property or the prevention of injury – As Authorized by the Sec of Defense or the President (10 USC 12406) – Or State Active Duty (under State laws) – Sometimes 32 USC 502(f)(2)(a) As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED Who is Eligible for LEL • OR those employees who performs full-time military service as a result of a call or order to active duty in support of a contingency operation as defined in 10 USC 101(a)(13) As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED What Are the Advantages of LEL • Employee does not incur debt for benefits – – FEHB FEGLI FSA FEDVIP • Employee does not miss TSP Contributions • Employee does not lose money on SAD – State active duty pay can be significantly less than military pay, each State is different. • Employee does not miss time in service for Probation or Within Grade Increases. As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED What are the Disadvantages of LEL • Employee must pay excess pay back from current civilian pay once they Return to Duty. • More paperwork involved • CSR must work and track a significant amount of paperwork for remedies • HR Specialist must carefully track LWOP effective dates As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED How to Process LEL 1. Employee must be eligible and elect to use LEL 2. Ideally, employee should plan what days to use LEL in advance 3. Employee should complete Absent-US or LWOP Checklist 4. HR Specialist and CSR must coordinate LWOP effective date based on employee LEL election, if applicable 5. Employee is placed on Absent-US or LEL and later LWOP 6. Employee RTD or has received pay from all time periods As of: 23 MAR 202 / 1000 L in which the employee chose to use LEL NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

How to Process LEL UNCLASSIFIED 7. Employee gathers SAD Pay Stubs and SF 50 s to verify civilian pay NOTE: Check for Within Grade Increases 8. CSR verifies documents and completes NG LEL SAD Offset Worksheet 9. Employee reviews worksheet and signs Acknowledgement 10. CSR submits remedy request with worksheet 11. DFAS processes LEL request and offsets civilian pay As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED What is State Active Duty • State Active Duty (SAD) is Authorized by State law under the authority of the governor • All SAD qualifies for LEL for eligible employees, but not all LEL is SAD • It is not covered under USERRA (except in some cases Technicians, consult your JAG) – – You can not use Military Leave It is treated as LWOP and not Absent-US It does not count against the 5 years of USERRA Service Employees receive credit under the 6 month rule As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED What is 32 USC 502(f) • Authority of the governor, but is reimbursed through federal funds • Soldiers or Airmen is paid as a military member with military benefits • If Orders cite appropriate purpose and then they can use LEL As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED Other Considerations • Every State is different on how NG members are paid for SAD duty – Biweekly, Bi-monthly, Monthly • Generally, NG members are paid as State employees for SAD • SAD is covered under State workers compensation • Not all emergency duty is SAD – Sometimes the easiest way to determine is ask the employee if they completed a W-4 and provided bank information – SAD NG members can perform alongside Title 32 502(f) Status As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED

UNCLASSIFIED Questions? Lena. j. conway. mil@mail. mil As of: 23 MAR 202 / 1000 L NGB-J 1 -TCP 703 -601 -2693 UNCLASSIFIED