Military Leave for Federal Employees: 20 Days Under 5 USC 6323

Last Updated: June 28, 2026 Reading Time: 7 min

If you're a federal civilian employee who also serves in the Reserve or National Guard, you get paid military leave, and as of recently, you get more of it. The annual entitlement under 5 U.S.C. 6323(a) rose from 15 days to 20 days per fiscal year. That's separate from a second bucket of up to 22 days for emergencies, which works very differently on pay. Here's exactly what you get and how to use it.

Key Takeaways

  • Regular military leave under 5 U.S.C. 6323(a) is now 20 days per fiscal year, up from 15 (Public Law 118-159, signed December 23, 2024).
  • You can carry over up to 20 unused days, so the FY2026 maximum is 40 days.
  • During 6323(a) leave you keep both your civilian pay and your military pay, no offset.
  • A separate 6323(b) bucket gives up to 22 days for contingency/emergency duty, but with a pay offset, you keep the higher of the two pays, not both.
  • Weekends and holidays inside a duty period don't count against your leave. It's charged in hours.

The Big Change: 15 Days Became 20

For years, federal employees got 15 days of paid military leave per fiscal year. Section 1109 of Public Law 118-159 (the FY2025 NDAA, signed December 23, 2024) raised both the annual amount and the carryover cap from 15 to 20 days. OPM formalized the change through CPM 2025-09 on April 10, 2025.

Don't trust older sources still showing 15 days. The current figure is 20.

Here's how the three-year transition looks, because carryover makes it slightly bumpy:

Fiscal year Annual accrual Carry-in cap Maximum available
FY2024 and earlier 15 days 15 days 30 days
FY2025 (transition) 20 days 15 days carried from FY24 35 days
FY2026 onward 20 days 20 days 40 days

A "day" is based on a full-time schedule; part-time employees get a prorated amount. Leave is charged in hours, with a one-hour minimum, and only for hours you'd otherwise have worked.

The Best Part: No Pay Offset on 6323(a)

During regular 6323(a) military leave, you receive your full civilian salary and your full military pay at the same time. There's no offset. For a drilling reservist using military leave for annual training, that's effectively double pay for those days. This is the headline benefit, and it's why you generally use 6323(a) first.

The Second Bucket: 22 Days of Emergency Leave (6323(b))

There's a separate entitlement under 5 U.S.C. 6323(b): up to 22 workdays per calendar year for service supporting contingency operations or certain law-enforcement/civil emergencies.

This one works differently on pay. Under 6323(b), your military pay (basic pay plus allowances like BAH and BAS, but excluding travel and per diem) is credited against your civilian pay. You keep whichever is higher, not both. That's the reverse of 6323(a), and it's a point agency HR offices sometimes get wrong.

6323(a) vs 6323(b) at a Glance

Feature 6323(a) regular 6323(b) emergency
Days 20 per fiscal year 22 per calendar year
Counting period Fiscal year Calendar year
Carryover Up to 20 days None
Pay treatment Civilian + military, no offset Keep the higher; military pay offsets civilian
Qualifying duty Inactive-duty training, active duty, annual training Contingency operations, civil emergencies

You're not required to exhaust the 6323(b) bucket before using 6323(a). They're independent, and you elect which to use.

What Doesn't Qualify

State Active Duty does not count for either bucket. If your Guard unit is called up by the governor under state authority (a hurricane or wildfire response funded by the state), you'll need to use annual leave or LWOP instead of 6323 military leave. The distinction is the orders' authority: Title 10 federal duty qualifies; purely state-controlled duty generally does not.

There are also specialized provisions: 6323(c) covers certain D.C. National Guard duty, and 6323(d) gives National Guard technicians up to 44 days for specific duty.

How It Connects to Your Other Benefits

Military leave is the paid-leave layer. When it runs out, USERRA takes over as unpaid job protection, and the reservist differential can top up your pay. Think of it as a stack:

  1. 6323 military leave (paid, this article)
  2. USERRA (job protection once leave is exhausted)
  3. Reservist differential (pay top-up during long activations)

Plan Your Leave Around Drill and Deployment

If you're juggling military leave, annual leave, and use-or-lose deadlines, the math gets tricky fast. Use our free Federal Leave Optimizer to plan your leave balances around drill weekends and annual training so you don't leave paid days on the table. Optimize your leave.

Frequently Asked Questions

How many days of military leave do federal employees get in 2026?

Federal employees get 20 days of paid military leave per fiscal year under 5 U.S.C. 6323(a), up from 15. The increase came from Section 1109 of Public Law 118-159 (the FY2025 NDAA, signed December 23, 2024), implemented by OPM via CPM 2025-09. You can carry over up to 20 unused days, for a maximum of 40 in FY2026 and beyond.

Do I get both my military pay and my civilian pay during 6323(a) leave?

Yes. During regular 6323(a) military leave you keep your full civilian pay AND your military pay, with no offset. That's the key advantage of 6323(a) over the separate 22-day emergency leave under 6323(b), where an offset does apply.

How is the pay offset on the 22-day emergency leave (6323(b)) handled?

Under 6323(b), used for contingency operations or civil emergencies, your military pay (basic pay plus allowances like BAH and BAS, excluding travel/per diem) is credited against your civilian pay. You keep whichever is higher, not both. This is the reverse of 6323(a), and agency HR shops sometimes get it backwards.

Do weekends count against my military leave?

No. Only the hours you would otherwise have worked and been paid are charged against your military leave. Weekends and federal holidays within a duty period don't count. Leave is charged in hours, with a one-hour minimum.