C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 353—RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY › Subpart B—Uniformed Service

5 C.F.R. § 353.208

Use of paid time off during uniformed service

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An employee performing service with the uniformed services must be permitted, upon request, to use any accrued annual leave under 5 U.S.C. 6304, military leave under 5 U.S.C. 6323, earned compensatory time off for travel under 5 U.S.C. 5550b, or sick leave under 5 U.S.C. 6307, if appropriate, during such service.

[72 FR 62767, Nov. 7, 2007]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2012–2025 · leading case: O'Farrell v. Dep't of Def., 882 F.3d 1080 (Fed. Cir. 2018).
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O'Farrell v. Dep't of Def., 882 F.3d 1080 (Fed. Cir. 2018). · cites it 4× “Indeed, the sole relevant regulation identified by the court states that a service member "must be permitted, upon request, to use any .”
Tierney v. Dep't of Just., 717 F.3d 1374 (Fed. Cir. 2013). · cites it 2× “§ 6304(a), it can be to the benefit of an employee with a large balance of annual leave to use annual leave rather than military leave for a period of military service in order to avoid losing the annual leave, see 5 C.F.R. § 353.208 , and to carry over the corresponding days of…”
Christiansen v. Major Gen. Morrell, 2025 S.D. 25 (S.D. 2025). · cites it 2× “” 5 C.F.R. § 353.208 (emphasis added); see also 38 U.”
Whether Reservists Who Otherwise Qualify for Leave Under Both 5 U.S.C. § 6323(a) & 5 U.S.C. § 6323(b) Must Exhaust Available Leave Under Section 6323(b) Before Taking Leave Under Section 6323(a) (OLC 2012). “” 5 C.F.R. § 353.208 (1996). That regulation seems inconsistent with the proposition that section 6323(b) contains an exhaustion requirement, because the regulation states that an employee performing military service “must be [] permitted, upon request, to use any .”
Whether Reservists Must Exhaust Available Leave Under 5 U.S.C. § 6323(b) Before Taking Leave Under 5 U.S.C. § 6323(a) (OLC 2012). “” 5 C.F.R. § 353.208 (1996). That regulation seems inconsistent with the proposition that section 6323(b) contains an exhaustion requirement, because the regulation states that an employee performing military service “must be []permitted, upon request, to use any .”
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