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Qualifying Exigency Leave - Covered Active Duty – Reserve Components of the Armed Forces

§ 825.126

Covered active duty in the case of a member of the Reserve components of the Armed Forces means duty during the deployment of the member with the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation pursuant to:

  • Section 688 of Title 10 of the U.S. Code, which authorizes ordering to active duty retired members of the Regular Armed Forces and members of the retired Reserve who retired after completing at least 20 years of active service;
  • Section 12301(a) of Title 10 of the U.S. Code, which authorizes ordering all Reserve component members to active duty in the case of war or national emergency;
  • Section 12302 of Title 10 of the U.S. Code, which authorizes ordering any unit or unassigned member of the Ready Reserve to active duty;
  • Section 12304 of Title 10 of the U.S. Code, which authorizes ordering any unit or unassigned member of the Selected Reserve and certain members of the Individual Ready Reserve to active duty;
  • Section 12305 of Title 10 of the U.S. Code, which authorizes the suspension of promotion, retirement or separation rules for certain Reserve components;
  • Section 12406 of Title 10 of the U.S. Code, which authorizes calling the National Guard into Federal service in certain circumstances;
  • Chapter 15 of Title 10 of the U.S. Code, which authorizes calling the National Guard and state military into Federal service in the case of insurrections and national emergencies; or
  • Any other provision of law during a war or during a national emergency declared by the President or Congress so long as it is in support of a contingency operation.

See 10 U.S.C. 101(a)(13)(B).

Deployment to a foreign country means deployment to areas outside of the United States, the District of Columbia, or any Territory or possession of the United States, including international waters.

Is the military member on, or been notified of a call to, covered active duty?

Return to Qualifying Exigency Leave Introduction.