January 10, 2006
Federally employed reservists could be due back pay
By Gordon Trowbridge
Times staff writer

Military reservists who worked for the federal government in the 1980s and early ’90s could be due thousands of dollars in back pay under an administrative judge’s decision that became final this month.

The decision awarded back pay to a Department of Agriculture employee who had been charged federal military leave for days when he was serving in uniform but not scheduled to work at his civilian job. It extends an earlier decision which had awarded back pay to federal workers serving in the National Guard or reserves from 1994 to 2000.

Matthew Tully, an attorney in the case, said his firm believes as many as 200,000 reservists may be affected by the ruling. His firm has filed about 2,500 claims for reservists affected between 1994 and 2000, which he said have paid out an average of $3,500 to $3,800 in back pay or equivalent extra leave days to workers.

At issue is how most agencies handled military leave. Federal workers are entitled to up to 15 days of military leave per year, allowing them to attend drills or training without using personal or vacation leave. For years, many workers were charged military leave for all days they were in uniform — even for days, usually weekends, when they were not scheduled to work at their federal job.

In 2000, Congress required agencies to charge employees military leave only for days they were scheduled to work. And in 2003, a federal judge ruled that workers affected before the law changed were entitled to compensation. But federal officials, citing a 1940s law that places a six-year limit on claims against the government, effectively limited claims to a six-year period, from 1994 to 2000.

John Collins, a former Army reservist and agricultural inspector, challenged that policy, and in November, administrative law judges agreed that the claims could extend earlier than 1994. The Department of Agriculture failed to appeal that decision by a Jan. 6 deadline, making the November ruling final.

Tully said virtually all federal workers who served in the National Guard or reserves should be eligible for some compensation. Most who are still federal workers would be awarded additional leave days, while retirees generally are compensated in cash.

Tully’s firm, Tully, Rinkey & Associates, will provide free help to those who want to file claims; the firm is generally awarded legal fees as part of a claim, Tully said. Information on the service is online. The American Federation of Government Employees also provides resources.

Ellie