Emergency Activation

Leave Tracker


Getting activated for emergency duty is one of the biggest concerns for Federal employees who are also members of the the National Guard, especially as it relates to what duty or leave status they will be on during the response. 


Picking the right leave and or duty status (if given the option) can help you ensure you do not suffer any financial hardships during or after the activation. 


The form below can help you keep track of things like comp time earned (if you're responding in a Technician/T5 status), or can help you plan and keep track of what leave you are going to use (if you are in a military status). 


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State Active Duty Concerns

Pay and Benefits

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 were much lower than Federal active duty rates, or the Technician/T5 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.

Injuries

Employees 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.

Law Enforcement Leave (LEL)

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


Normally, all Federal employees who are also in the National Guard are allowed 15 days of military leave per fiscal year to cover absences related to their military duty. However, 15 days can be used up very quickly, especially in today's high tempo environment, and if you get activated for a state mission and have zero comp time, military, or annual leave left to use, you're only option may be to go LWOP from your civilian job.


However, Federal law provides an additional 22 workdays (176 hours) of military leave per calendar year for emergency duty and other full-time service in support of a contingency operation that you can use to cover periods of state activation. This leave is commonly referred to as Law Enforcement Leave (LEL), and it is provided for Federal employees who perform military duty 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.


The main difference between LEL and regular leave (i.e., military, annual, or comp time) is that LEL does not allow you to double-dip, as we explain in Q3 below. However, using LEL will ensure you do not lose any civilian pay or benefits during your period of activation. It also allows you to accrue annual and sick leave as you normally would if you had not been activated, and it will also ensure that your health insurance premium, TSP contributions and loans, and other debts are paid as well so you do not incur a debt while activated. 


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 normally 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 on during these types of responses. 


Q&A on the 22-Days of Military Leave (aka 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:


   a. When performing military duty in support of civil authorities in the protection of life and property; or,


   b. When perform full-time military service as a result of a call or order to active duty in support of a contingency operation.* 


Q2: I have an employee 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. Guard members ordered to state emergency duty, in either a state or federal status, are clearly assisting civil authorities in the protection of life and property. Therefore, in addition to regular military leave (unless on SAD), annual leave, or comp time, employees may use the additional 22 days of military leave to cover a period of absence. 


Q3: Are employees entitled to both their military and civilian pay when using Law Enforcement Leave?


A3: No. An employee is entitled to the greater of his civilian or military pay, not both. For more information, please take a look at the LEL Fact Sheet.


Download LEL Fact Sheet

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