WASHINGTON, D.C. (FEDweek) — A recent U.S. Supreme Court decision has significantly expanded the rights of federal employees who also serve in the military reserves. In Feliciano v. Department of Transportation, the Court ruled that reservists called to active duty in support of a “contingency operation” are entitled to an additional 22 days of paid military leave per calendar year, along with service credit for that time.
The case involved Nick Feliciano, an FAA air traffic controller, who was denied this benefit despite his qualifying service. The Court clarified that reservists do not need to prove a direct connection between their active duty and a declared national emergency—merely being called up in support of such an operation is enough to trigger the entitlement.
This ruling creates a meaningful opportunity for thousands of federal employees who served in a similar capacity since 9/11 to revisit their leave records and potentially recover compensation or restored leave.
How to File a Claim After Feliciano
According to Michael Macomber, the CEO of Tully Rinckey PLLC, which litigates paid military leave cases, the first step for a claimant is to determine if he or she is entitled to differential pay.
“We request military records and leave and earning records to determine the extent of their damages,” he explained. “A claim is then initiated by filing an appeal with the Merit Systems Protection Board under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Many agencies will recognize the pay or benefits owed to the claimants and try and settle the claims prior to a hearing, but if necessary, the claimants are entitled to a hearing.”
