Blue Herald
05
Sep
Court: When in Doubt, Tilt Toward the Veteran
by QuestionGirl • 9:22 am

How many ways can the government screw it’s veterans? I don’t know, but I think this administration is trying to find out.

When in doubt, tilt toward the veteran.

That’s what the U.S. Court of Appeals for the Federal Circuit has suggested to government agencies in two cases involving federal employees who had served in the military reserves and petitioned for back pay because of improperly charged military leave.

The government has long encouraged civil service employees to join the National Guard and reserves, providing them with 15 days of leave for their annual military training. But agencies have not consistently interpreted the benefit, creating a muddle for judges and federal officials.

In 2003, in a case known as Butterbaugh, the appeals court ruled that the government should not count weekends and holidays as leave when the employees were away from their agencies for military training.

Putting that ruling into practice has proved difficult, and federal employees and retirees continue to file claims for back pay. Some federal employees who have served in the reserves and had to use their regular vacation time to cover their military training may be eligible for $3,000 to $10,000 in back pay, Mathew B. Tully, a lawyer who has filed claims on behalf of veterans, said.

More at the Washington Post



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