Ruling by the Supreme Court provides clarity on benefits for individuals in the military reserve ranks
In a significant development for federal employees who are military reservists, the Supreme Court's decision in Feliciano v. Department of Transportation has provided much-needed clarity on the application of differential pay during national emergencies.
The ruling, handed down in 2019, clarifies that reservists called to active duty during a declared national emergency, under 10 U.S.C. §101(a)(13)(B), are entitled to differential pay. This pay bridges the gap between the reservist's civilian federal salary and their military pay without the employee needing to prove their active duty service is directly linked to a specific emergency.
This decision expands paid leave entitlements for reservists, as they are now entitled to an additional 22 days of paid military leave per calendar year, including service credit for that time. This expansion goes beyond prior interpretations.
When a claimant seeks differential pay, federal agencies should first review military orders, leave records, and earning statements to determine the validity and extent of the claim. If the agency denies or disputes the claim, the claimant can initiate the process by filing an appeal with the Merit Systems Protection Board (MSPB) under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Many agencies may opt to recognize and settle claims prior to a hearing by providing owed pay or benefits, especially in light of the Supreme Court’s clarification. However, if a settlement cannot be reached, claimants have the right to a MSPB hearing to adjudicate the claim.
It is essential for agencies to ensure that differential pay is disbursed from appropriate funds consistent with employee salaries and pay policies. While specific sources like public school salaries noted in non-federal contexts illustrate the principle of aligned funding, the exact sources in federal contexts may vary.
This landmark decision empowers reservists to recover compensation they may have been denied under narrower interpretations before the Feliciano ruling. With the Supreme Court's decision, federal employees can now more easily determine if they are entitled to differential pay, as all military orders since 9/11 have been in support of a contingency operation in one way or another.
Michael Macomber, the partner and CEO at Tully Rinckey, a law firm that represents federal employees in legal matters, emphasizes the importance of this decision. His firm provides information on its website (TullyLegal.com) about military leave claims and offers assistance in applying for benefits at no upfront cost to reservists.
In conclusion, federal agencies must assess eligibility based on service during a national emergency, calculate owed differential pay and/or additional paid military leave, and handle claims administratively or through MSPB appeals following this landmark decision. This process ensures that federal employees who are military reservists are rightfully compensated for their service during national emergencies.
- Federal employees who are also military reservists, besides having clearer guidelines for differential pay during national emergencies, can also explore educational and self-development opportunities during their military leave since additional paid military leave entitlements have been expanded.
- Balancing their military service commitment and federal workforce responsibilities, these reservists can now equally prioritize sports and recreational activities, knowing they have the right resources and time to engage in these leisure activities during their extended military leave.
