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Protecting Civil Employment for Our National Guard Act

H.R. 6441 · 116th Congress · Apr 3, 2020 · Lineage

A BILL

To amend title 5, United States Code, to provide unpaid leave for certain National Guard service by Federal employees and employees of the District of Columbia, and for other purposes.

Section 1 Short title

This Act may be cited as the “Protecting Civil Employment for Our National Guard Act”.

Sec. 2 Unpaid leave for State active duty service

Section 6323 of title 5, United States Code, is amended by adding at the end the following:

“(e)

“(1) An employee as defined by section 2105 or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who is a member of the National Guard, as described in section 101 of title 32, and on State active duty shall be granted leave without pay for each day of such duty.

“(2) Any such employee or individual may substitute any annual or sick leave accrued or accumulated by such employee or individual for any leave provided under paragraph (1).

“(3) In this section—

“(A) the term “State” means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory of the United States; and

“(B) the term “State active duty” means—

“(i) duty performed by a member of the National Guard under orders issued by the chief executive of a State in accordance with the laws of that State; and

“(ii) does not include duty performed under title 10 or 32.”