US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 6323

Military leave: Reserves, National Guard members, and certain members of the Space Force

(a)
(1)
section 2105 of this titlesection 101 of title 37section 12503 of title 10section 115 of title 32section 101(e)(1) of title 10section 20105 of title 10 Subject to paragraph (2) of this subsection, an employee as defined by or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, is entitled to leave without loss in pay, time, or performance or efficiency rating for active duty, inactive-duty training (as defined in ), funeral honors duty (as described in and ), or engaging in field or coast defense training under sections 502–505 of title 32 as a Reserve of the armed forces, a member of the National Guard, or a member of the Space Force in space force active status (as defined in ) and not on sustained duty under . Leave under this subsection accrues for an employee or individual at the rate of 20 days per fiscal year and, to the extent that it is not used in a fiscal year, accumulates for use in the succeeding fiscal year until it totals 20 days at the beginning of a fiscal year.
(2)
section 3401(2) of this title In the case of an employee or individual employed on a part-time career employment basis (as defined in ), the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed under paragraph (1) which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee or individual during that fiscal year.
(3)
The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof.
(b)
section 5519 of this titlesection 2105 of this title Except as provided by , an employee as defined by or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who—
(1)
section 10101 of title 10section 101 of title 32section 101(e)(1) of title 10section 20105 of title 10 is a member of a Reserve component of the Armed Forces, as described in , or the National Guard, as described in or is a member of the Space Force in space force active status (as defined in ) and not on sustained duty under ; and
(2)
(A)
performs, 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—
(i)
1
1 See References in Text note below
Federal service under section 331, 332, 333, or 12406 of title 10, or other provision of law, as applicable, or
(ii)
full-time military service for his State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; or
(B)
section 101(a)(13) of title 10 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 ;
is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance or efficiency rating. Leave granted by this subsection shall not exceed 22 workdays in a calendar year. Upon the request of an employee, the period for which an employee is absent to perform service described in paragraph (2) may be charged to the employee’s accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave.
(c)
section 2105 of this title An employee as defined by or an individual employed by the government of the District of Columbia, who is a member of the National Guard of the District of Columbia, is entitled to leave without loss in pay or time for each day of a parade or encampment ordered or authorized under title 39, District of Columbia Code. This subsection covers each day of service the National Guard, or a portion thereof, is ordered to perform by the commanding general.
(d)
(1)
1section 12315 of title 10 A military reserve technician described in section 8401(30)  is entitled at such person’s request to leave without loss of, or reduction in, pay, leave to which such person is otherwise entitled, credit for time or service, or performance or efficiency rating for each day, not to exceed 44 workdays in a calendar year, in which such person is on active duty without pay, as authorized pursuant to , under section 12301(b) or 12301(d) of title 10 for participation in operations outside the United States, its territories and possessions.
(2)
An employee who requests annual leave or compensatory time to which the employee is otherwise entitled, for a period during which the employee would have been entitled upon request to leave under this subsection, may be granted such annual leave or compensatory time without regard to this section or section 5519.

Pub. L. 89–55480 Stat. 522Pub. L. 90–588, § 2(a)82 Stat. 1151Pub. L. 90–623, § 1(17)82 Stat. 1313Pub. L. 91–375, § 6(c)(18)84 Stat. 776Pub. L. 96–54, § 2(a)(40)93 Stat. 383Pub. L. 96–70, title III, § 3302(e)(5)93 Stat. 498Pub. L. 96–431, § 194 Stat. 1850Pub. L. 102–190, div. A, title V, § 528105 Stat. 1364Pub. L. 103–337, div. A, title XVI, § 1677(a)(2)108 Stat. 3019Pub. L. 104–106, div. A, title V, § 516(a)110 Stat. 309Pub. L. 106–65, div. A, title VI, § 672(b)113 Stat. 674Pub. L. 106–554, § 1(a)(3) [title VI, § 642]114 Stat. 2763Pub. L. 107–107, div. A, title V, § 563115 Stat. 1120Pub. L. 108–136, div. A, title XI, § 1113(a)117 Stat. 1635Pub. L. 108–375, div. A, title V, § 523118 Stat. 1888Pub. L. 118–159, div. A, title XI138 Stat. 2089(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , title X, § 1039, , , 432; , title XI, §§ 1105(a), 1106(a), , , 777; , , , 2763A–169; , , ; , , ; , , ; , §§ 1109, 1114(a), (b)(1), , , 2091.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 30r(a).

Aug. 10, 1956, ch. 1041, § 29 (a), 70A Stat. 632.

Sept. 2, 1958, Pub. L. 85–861, § 13, 72 Stat. 1557.

 

 

June 30, 1960, Pub. L. 86–559, § 7, 74 Stat. 282.

 

 

Oct. 4, 1961, Pub. L. 87–378, § 7(a), 75 Stat. 809.

In subsection (a), the words “without regard to classification or terminology peculiar to the Civil Service system” are omitted as unnecessary. The word “performance” is added on authority of the Performance Rating Act of 1950, which is carried into chapter 43 of this title.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

Pub. L. 114–328, div. A, title XII, § 1241(a)(2)130 Stat. 2497Sections 331, 332, 333, referred to in subsec. (b)(2)(A)(i), were renumbered sections 251, 252, and 253, respectively, of Title 10, Armed Forces, by , , .

Section 8401(30) of this titlePub. L. 106–65, div. A, title V, § 522(c)(2)113 Stat. 597, referred to in subsec. (d)(1), was amended generally by , , , and, as so amended, no longer describes military reserve technicians.

Amendments

Pub. L. 118–159, § 1114(b)(1)2024—, substituted “Military leave: Reserves, National Guard members, and certain members of the Space Force” for “Military leave; Reserves and National Guardsmen” in section catchline.

Pub. L. 118–159, § 1114(a)(1)section 101(e)(1) of title 10section 20105 of title 10Subsec. (a)(1). , substituted “as a Reserve of the armed forces, a member of the National Guard, or a member of the Space Force in space force active status (as defined in ) and not on sustained duty under ” for “as a Reserve of the armed forces or member of the National Guard”.

Pub. L. 118–159, § 1109, substituted “20 days” for “15 days” in two places.

Pub. L. 118–159, § 1114(a)(2)section 101(e)(1) of title 10section 20105 of title 10Subsec. (b)(1). , inserted “or is a member of the Space Force in space force active status (as defined in ) and not on sustained duty under ” before “; and”.

Pub. L. 108–3752004—Subsec. (d)(1). struck out “(other than active duty during a war or national emergency declared by the President or Congress)” before “for participation in”.

Pub. L. 108–1362003—Subsec. (b)(2). designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).

Pub. L. 107–107section 12503 of title 10section 115 of title 32section 101 of title 372001—Subsec. (a)(1). inserted “funeral honors duty (as described in and ),” after “(as defined in ),”.

Pub. L. 106–5542000—Subsec. (a)(3). added par. (3).

Pub. L. 106–65, § 1106(a)section 101 of title 371999—Subsec. (a)(1). , inserted “, inactive-duty training (as defined in ),” after “active duty” in first sentence.

Pub. L. 106–65Subsec. (d)(1). , §§ 672(b) and 1105(a), amended par. (1) identically, striking out “noncombat” after “for participation in”.

Pub. L. 104–106, § 516(a)1996—Subsec. (b). , inserted at end “Upon the request of an employee, the period for which an employee is absent to perform service described in paragraph (2) may be charged to the employee’s accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave.”

Pub. L. 104–106, § 1039Subsec. (d). , added subsec. (d).

Pub. L. 103–337, § 1677(a)(2)(A)1994—Subsec. (b)(1). , substituted “section 10101” for “section 261”.

Pub. L. 103–337, § 1677(a)(2)(B)Subsec. (b)(2)(A). , substituted “or 12406 of title 10” for “3500, or 8500 of title 10”.

Pub. L. 102–1901991—Subsec. (b)(2). substituted “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—” for “law—” in introductory provisions.

Pub. L. 96–4311980—Subsec. (a). designated existing provisions as par. (1), substituted “Subject to paragraph (2) of this subsection, an employee” for “An employee” and “for active duty or engaging in field or coast defense training” for “for each day, not in excess of 15 days in a calendar year, in which he is on active duty or is engaged in field or coast defense training”, inserted provision relating to accrual and accumulation of leave, and added par. (2).

Pub. L. 96–70Pub. L. 96–541979—Subsec. (b)(2)(B). which directed the amendment of subsec. (c)(2)(B) by striking out “the Canal Zone,” was executed to subsec. (b)(2)(B) in view of the redesignation of subsec. (c) as (b) by . See 1979 Amendment note below.

Pub. L. 96–54Pub. L. 90–588Pub. L. 91–375, § 6(c)(18)(B)84 Stat. 776Subsec. (b). redesignated subsec. (c), as added by , as (b). Former subsec. (b), relating to military leave, was repealed by , , .

Pub. L. 96–54Pub. L. 90–588Subsec. (c). redesignated subsec. (c), as added by , as (b).

Pub. L. 91–375, § 6(c)(18)(A)section 2105 of this title1970—Subsec. (a). , struck out “(except a substitute in the postal field service)” after “”.

Pub. L. 91–375, § 6(c)(18)(B)Subsec. (b). , struck out subsec. (b) relating to military leave, without loss in pay, time, or efficiency rating, of substitute employees of the postal service, not in excess of 80 hours in a calendar year, for National Guard training as Reserves of the Armed Forces or members of the National Guard, on basis of 1 hour for 26 hours of work, including minimum working period of 1,040 hours in the prior calendar year.

Pub. L. 91–375, § 6(c)(18)(A)section 2105 of this titleSubsec. (c). , struck out “(except a substitute in the postal field service)” after “”.

Pub. L. 91–375, § 6(c)(18)(B)Subsec. (d). , struck out subsec. (d) relating to military leave, without loss of or reduction in pay, leave, service credit, or efficiency rating, of substitute employees of the postal service, not in excess of 160 hours in a calendar year, for service as members of Reserve components of the Armed Forces or the National Guard, for Federal service under insurrection provisions of sections 331, 332, and 333 and in the Army National Guard and Air National Guard under sections 3500 and 8500 of Title 10 and non-Federal service (in the States, District of Columbia, Puerto Rico, Canal Zone, and the territories) for purpose of providing military aid to enforce the law, on basis of 1 hour for 13 hours of work, including minimum working period of 1,040 hours in the prior calendar year.

Pub. L. 90–623, § 1(17)(A)1968—Subsecs. (a), (b). , substituted “loss in” for “loss of”.

Pub. L. 90–623, § 1(17)(B)Subsec. (c). , added subsec. (c), set out second.

Pub. L. 90–588Subsec. (c). added subsec. (c), set out first.

Pub. L. 90–588Subsec. (d). added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title XI, § 1113(b)117 Stat. 1635

“The amendments made by subsection (a) [amending this section] shall apply to military service performed on or after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title XI, § 1105(b)113 Stat. 777

section 6323(d)(1) of title 5“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply with respect to days of leave under , United States Code, on or after that date.”
, , , provided that:

Pub. L. 106–65, div. A, title XI, § 1106(b)113 Stat. 777

“The amendment made by subsection (a) [amending this section] shall not apply with respect to any inactive-duty training (as defined in such amendment) occurring before the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of Title 10Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Armed Forces.

Effective Date of 1980 Amendment

Pub. L. 96–431, § 294 Stat. 1850

“The amendments made by the first section of this Act [amending this section] shall take effect .”
, , , provided that:

Effective Date of 1979 Amendments

Pub. L. 96–70section 3304 of Pub. L. 96–70section 3601 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Pub. L. 96–54section 2(b) of Pub. L. 96–54section 305 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1970 Amendment

Pub. L. 91–375section 15(a) of Pub. L. 91–375section 101 of Title 39Amendment by effective within 1 year after , on date established therefor by Board of Governors of United States Postal Service and Published by it in Federal Register, see , set out as an Effective Date note preceding , Postal Service.

Effective Date of 1968 Amendment

Pub. L. 90–623section 6 of Pub. L. 90–623section 5334 of this titleAmendment by effective as of , for all purposes, see , set out as a note under .

Authorization To Use Appropriations To Pay Military Leave or Annual Leave

Pub. L. 107–117, div. A, title VIII, § 8023115 Stat. 2252

section 2105 of title 5“During the current fiscal year and hereafter, funds appropriated or otherwise available for any Federal agency, the Congress, the judicial branch, or the District of Columbia may be used for the pay, allowances, and benefits of an employee as defined by , United States Code, or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who—
“(1)
section 10101 of title 10section 101 of title 32 is a member of a Reserve component of the Armed Forces, as described in , United States Code, or the National Guard, as described in , United States Code;
“(2)
performs, for the purpose of providing military aid to enforce the law or providing assistance to civil authorities in the protection or saving of life or property or prevention of injury—
“(A)
Federal service under sections 331 [now 251], 332 [now 252], 333 [now 253], or 12406 of title 10, United States Code, or other provision of law, as applicable; or
“(B)
full-time military service for his or her State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; and
“(3)
requests and is granted—
“(A)
leave under the authority of this section; or
“(B)
annual leave, which may be granted without regard to the provisions of sections 5519 and 6323(b) of title 5, United States Code, if such employee is otherwise entitled to such annual leave:
Providedsection 6323(b) of title 5section 6323(b) of title 5, That any employee who requests leave under subsection (3)(A) for service described in subsection (2) of this section is entitled to such leave, subject to the provisions of this section and of the last sentence of , United States Code, and such leave shall be considered leave under , United States Code.”
, , , provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 106–259, title VIII, § 8023114 Stat. 679, , .

Pub. L. 106–79, title VIII, § 8025113 Stat. 1236, , .

Pub. L. 105–262, title VIII, § 8025112 Stat. 2302, , .

Pub. L. 105–56, title VIII, § 8026111 Stat. 1226, , .

Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8028]110 Stat. 3009–71, , , 3009–94.

Pub. L. 104–61, title VIII, § 8036109 Stat. 659, , .

Pub. L. 103–335, title VIII, § 8042108 Stat. 2627, , .

Pub. L. 103–139, title VIII, § 8047107 Stat. 1450, , .

Pub. L. 102–396, title IX, § 9064106 Stat. 1916, , .

Pub. L. 102–172, title VIII, § 8068105 Stat. 1187, , .

Pub. L. 101–511, title VIII, § 8086104 Stat. 1895, , .

Definition of Officers and Employees

Act July 1, 1947, ch. 192, § 461 Stat. 239June 22, 1956, ch. 42870 Stat. 331

40 Stat. 72section 80 of the Act of June 3, 191639 Stat. 20332 U.S.C. 7552 Stat. 117734 U.S.C. 853gProvided,“The words ‘officers and employees of the United States or of the District of Columbia’ as used in the third paragraph, subheading ‘Ordinance Stores and Equipment for Reserve Officers Training Corps’, of the Act of (; 10 U.S.C. Annotated 371) [covered by this section], as now or hereafter amended, as used in that part of (; ) [covered by this section], as now or hereafter amended, which precedes the proviso, and as used in the first proviso of section 9 of the Naval Reserve Act of 1938 (; ) [covered by this section], as now or hereafter amended, shall be construed to mean all officers and employees of the United States or of the District of Columbia, permanent or temporary indefinite, without regard to classifications or terminology peculiar to the Federal Civil Service System. The words ‘officers and employees of the United States or of the District of Columbia’, as used in such provisions of law, as now or hereafter amended, also shall be construed to mean substitute employees in the postal field service; such substitute employees shall be entitled to military leave of absence on the basis of one hour of such leave for each period or periods aggregating twenty-six hours of work performed in the calendar year immediately preceding the year in which they are ordered to duty by proper authority: That the number of hours worked during the preceding calendar year shall not be less than one thousand forty hours before such substitute employee shall be entitled to military leave of absence, pay for such leave not to exceed eighty hours in each calendar year.”
, , as amended by , , provided that: