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Summary Description Overview Under 5 U. Section became effective on the first day of the first pay period beginning on or after March 11, i. Coverage Section applies to all employees and agencies within the Federal Government executive, legislative, and judicial branches unless the employee or agency is excluded from coverage by other provision of law.

Qualifying Period A Premium assignments differential under section is payable to an employee during a "qualifying period" during which the employee meets both of the following conditions: A covered employee is absent from a Federal civilian position in order to perform active duty in the uniformed services pursuant to a call or order to active duty under section, a,a,orof title 10, United States Code, and is serving on such qualifying active duty; and The employee is entitled to reemployment rights under the Uniformed Services Employment and Reemployment Rights Act USERRA - 38 U.

Effective on the first pay period beginning on or after December 16,section of Public Law amended 5 U. The employee-reservist must provide his or her employing agency with a copy of his or her military orders. The employing agency will determine whether the employee-reservist meets the conditions described above.

While absent from the civilian job, the employee is considered to be on leave without pay unless the employee takes civilian paid leave or other paid time off.

The employee may use paid time off e. However, as required by 5 U. A reservist may not receive the reservist differential for periods during which he or she uses paid time off, since the reservist is already receiving full civilian pay for such periods.

During civilian paid time off, the reservist receives full military pay and full civilian pay, except that civilian pay is offset by military pay when an employee uses military leave under 5 U.

During civilian leave without pay periods, the reservist receives full military pay and may receive a reservist differential, which represents the amount by which civilian basic pay exceeds military pay and allowances.

Thus, the reservist differential for a pay period will be adjusted to account for any hours of paid time off.

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There are two types of military leave that may be used by civilian employees during qualifying military active duty: Regular military leave under 5 U. In considering whether to use special military leave under section b or to receive a reservist differential, employees should take into account the following facts: When payments for military leave are offset by military pay, only civilian workdays are considered.

Thus, an employee on military leave under section b for a biweekly pay period can receive 10 days of paid leave offset by military pay for those days plus 4 days of military pay for the civilian nonworkdays i.

This means the total pay for the period can exceed the regular civilian pay for the period. The amount of the reservist differential depends solely on the amount of civilian basic pay, while the payment for military leave may reflect additional types of civilian pay.

Only "basic pay" as defined in OPM guidance is considered. This would include general increases, locality pay increases, and within-grade increases based on longevity and acceptable performance.

Pay Administration

It could also include certain career-ladder promotion increases and performance-based basic pay increases, if the reasonable certainty standard is met. Military Pay and Allowances The employee-reservist must provide his or her employing agency with a copy of his monthly military leave and earnings statement for each affected month.

Based on those statements, the employing agency must determine the actual paid gross amount of military pay and allowances allocable to each pay period in a qualifying period.

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