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U.S. Department of Justice
Justice Management Division
 Personnel Staff                       


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Washington, D.C. 20530

May 12, 1999

MEMORANDUM FOR BUREAU PERSONNEL OFFICERS


FROM:        Joanne W. Simms
                   Director, Personnel Staff
                   Justice Management Division

SUBJECT:  Employees Affected by Operation Allied Force

This provides the attached copy of Executive Order 13120, which orders to active duty selected reserve and certain individual ready reserve members of the armed forces. Such persons are being activated to augment United States armed forces participating in operations in and around Yugoslavia related to the conflict in Kosovo. This mobilization is code-named Operation Allied Force. Also attached is a memorandum from the Office of Personnel Management (OPM) concerning rights and benefits to which Federal employees who are called to active military duty are entitled to receive by law.

Under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), civilian Federal employees who are members of the Uniformed Services and who are called to active duty (or volunteer for active duty) are entitled to specific rights and benefits. These include certain provisions concerning pay, leave, benefits, and return to civilian duty, which are specified in attachment 1 to the OPM memo.

In addition, attachment 2 to the OPM memorandum covers premium pay for Federal civilian employees who perform emergency work in support of Operation Allied Force. OPM encourages agencies to waive the bi-weekly limitation on premium pay for non-law enforcement employees ( 5 CFR 550.106) performing emergency work in connection Operation Allied Force. Should such an emergency arise, please submit a waiver request to the Assistant Attorney General for Administration.

Questions concerning the pay provisions affecting civilian employees under these circumstances should be directed to John Cahill, of the Personnel Staff's Policy Group. Questions concerning leave for employees who are called to active military duty should be referred to Margaret Foskey, of the same staff. Both Mr. Cahill and Ms. Foskey can be reached on (202) 514-6778.

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