Federal Employees on Military Leave Entitled to Full Salary, Court Rules

A recent Supreme Court ruling could lead to numerous pay claims for federal employees also serving as military reservists.

In April, the high court said federal civilian employees are entitled to their full salaries while on military leave during a national emergency, regardless of whether their duty is directly related to that emergency.

The court in a 5-4 ruling penned by Justice Neil Gorsuch rejected the government’s claim that military reservists are only entitled to a bump in pay when their duty is substantially connected to a specific emergency.

In Feliciano v. the Department of Transportation, the court revived claims by air traffic controller Nick Feliciano that the Federal Aviation Administration should have given him his full pay during a two-year period more than a decade ago when he was serving as a Coast Guard reservist.

Feliciano’s victory came after the Merit Systems Protection Board (MSPB) rejected his claim for differential pay and the U.S. Court of Appeals for the Federal Circuit also ruled against him. The appeals court said Feliciano “must show not only that he served while a national emergency was ongoing, but also that a substantive connection linked his service to a particular national emergency.”

The Supreme Court decision means federal employees who also serve as military reservists may have new claims on differential pay based on their past active duty service. MSPB handles any such claims.