Entitlement to Reservist Differential Pay Under Pre-Amendment Version of 5 U.S.C. § 5538
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This is a legal interpretation opinion from the Office of Legal Counsel concluding that under pre-amendment 5 U.S.C. § 5538, federal employees serving as military reservists are entitled to reservist differential pay not only during active duty but also during subsequent re-employment rights periods under USERRA.
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Under the pre-amendment version of 5 U.S.C. § 5538, covered employees may receive reservist differential pay not only for pay periods that occur when they are serving on active duty, but also for those pay periods that fall within the additional period in which they have re-employment rights following the completion of that duty.
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