Law Enforcement Leave (LEL) & State Active Duty (SAD)
While performing State Active Duty, federal employees are not allowed to use Military Leave (LM).
Law Enforcement Leave (LEL, or ATAAPS code “LL”) is a paid leave option available for employees to perform military duty for the purpose of providing military aid to enforce the law or provide assistance in the protection or saving of life, property, or prevention of injury.
Public law 108-136 effective 24 November 2003 modified 5 USC 6323(b) to provide employees who perform duty in support of a contingency operation. This entitlement is a broadening of the qualifications for use of military leave which was limited to personnel called to active duty for law enforcement duty (State Active Duty).
It’s important to note that Law Enforcement Leave is not a “dual compensation” leave. Employees aren’t authorized to retain both military and civilian pay, so a debt will be collected after you’ve completed State Active Duty.
If the Law Enforcement Leave option isn’t appealing to you, you can also request to go on Leave Without Pay.
On January 5, 2021, Section 4303 of USERRA was amended to cover State Active Duty (SAD) over 13 days. USERRA will now cover SAD if state orders are for more than 14 days, in support of a national emergency declared by the President, or in support of a major disaster declared by the President.
- Brief: Law Enforcement Leave for State Active Duty (24Aug23)
- DFAS info: Using Military Leave
- OPM Guidance: Military Leave
- DOL Guidance: Updated USERRA covers SAD as of January 5, 2021
If you’re going on State Active Duty orders and have questions about Law Enforcement Leave or other leave options, contact the HING HRO Benefits Team:
E-mail: [email protected]
Phone: (808) 672-1006 (option 3)