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L
IUNA vs. ACT

Strength in Numbers...that's
what being a LIUNA
National Guard
Member means.

LIUNA derives its strength
from its large membership,
and uses that strength to make
sure your voice is heard
both in your home state
and in Washington DC.

LIUNA Local 1776
is the most active
National Guard employee organization in the country,
and we invite you to join us
so that we can be even
stronger on your behalf.




  Emergency Activation Resources

Technician Leave/Comp Time Tracker Worksheet


Whenever civilian employees of the National Guard are militarily activated for emergency duty one of the greatest concerns is what leave status they will be on. That's why it is important to pick the right leave status in order to ensure your pay and benefits are not unnecessarily interrupted. 

The following form can help you keep track of your comp time earned (if you're in a technician status), or can help you plan and keep track of what leave you are going to use (if you are in a military status):

LIUNA Generic Emergency Ops Leave Tracker v2017



Concerns About Technician Pay Hardships due to State Active Duty

There is always concern about the rate of pay received by members of the National Guard in a State Active Duty (SAD) status versus what they would receive if they were in a Title 32 (Federal Active Duty) status. This is because, traditionally, SAD pay rates have been much lower than Federal active duty rates, or the technician pay rate. The good news is that all of the states/territory we represent have changed their laws and now SAD pay and allowances match those of the regular active duty.


22-Days (176-hours) of Military Leave for Emergency Duty (a.k.a. Law Enforcement Leave)

5 U.S.C. 6323 (b) provides 22 workdays (176 hours) per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. This leave is commonly known as Law Enforcement Leave; it is provided for employees who perform military duties in support of civil authorities in the protection of life and property, or who perform full-time military service as a result of a call or order to active duty in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code.

Since emergency activation is usually in response to a call-up by a state governor "in support of civil authorities in the protection of life and property" you are therefore entitled to use this leave. Using LEL will ensure you do not lose any pay or benefits during your period of activation. It also allows you to accrue leave as you normally would if you had not been activated, and it will also ensure that your health insurance premium and other debts are paid as well. Click here for a
fact sheet on LEL..

Considering that LEL is taken in hourly increments, and is only taken to cover the period when the employee would have normally been at work, the 176-hour allotment of LEL will cover an employee's activation for roughly one whole continuous month. This is a huge benefit that should not be overlooked by those who are trying to determine what leave status to be in during these types of responses. 


Q&A on Law Enforcement Leave

Q1: When are employees eligible for an additional 22 days of military leave?

A1: There are two conditions under which employees are entitled to an additional 22 days of military leave under the provisions of 5 U.S.C. 6323(b). Reservists or National Guard members who perform military duty in support of civil authorities in the protection of life and property are eligible for an additional 22 workdays of military leave. In addition, effective November 24, 2003, employees who perform full-time military service as a result of a call or order to active duty in support of a contingency operation* as defined in section 101(a)(13) of title 10, United States Code, are entitled to 22 days of military leave under 5 U.S.C. 6323(b).


Q2: I have a technician who has been activated, at the request of the Governor, in response to an emergency. Is he/she entitled to the 22 days of military leave?

A2: Yes. The President has authorized the Governors of several States and territories to use National Guard forces in response to emergencies. Guard members ordered to such state duty are clearly assisting civil authorities in the protection of life and property. Therefore, in addition to annual leave and comp time, a member of the National Guard also may be authorized military leave under 5 U.S.C. 6323(b) for assisting civil authorities in the protection of life and property. The only restriction on leave when a technician is activated in a state status is that they cannot use military leave under 5 U.S.C. 6323(a) to cover their absence. 


Q3: Are employees entitled to both their military and civilian pay during periods of military leave taken under 5 U.S.C. 6323(b) in support of civil authorities or of the national emergency?

A3: No. An employee is entitled to the greater of his civilian or military pay, not both. Under 5 U.S.C. 5519, the military pay received by an individual who has been activated in support of civil authorities or a contingency operation must be credited (less any travel, transportation, or other per diem allowances) against any Federal civilian pay the employee received during the 22 workdays of military leave. An agency may calculate the amount of military pay (less any travel, transportation, or per diem allowances) an employee will receive for the time period that corresponds to the 22 workdays of military leave and reduce the employee's civilian pay by that amount during the 22 workdays of military leave. In contrast, many agencies choose to continue to pay the employee his or her full civilian pay during the 22 workdays of military leave. At the end of the 22-day period of military leave, the agency requires the employee to refund to the agency an amount equal to the amount of military pay received (less any travel, transportation, or per diem allowances) up to the amount of his or her civilian pay for the time period that corresponds to the 22 workdays of military leave.

Injuries During State Activation

Technicians should also be aware that if they get injured during emergency operations that the status they are in will determine who will pay for the injury. If you're working as a Federal Technician then you will be processed thru the Federal employee worker's compensation program just as you would if injured during a regular workday. If you're on SAD, then injury compensation will be determined based on your individual state.


Complaints/Concerns

The Union tries to get ahead of issues that arise as a result of emergency operations. If you're a Technician and have questions or concerns regarding your duty status, leave, pay, or any other technician related topic, please fill out a
Assistance Request Form.




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Copyright 2017 by LIUNA National Guard Council Local 1776