AR 3-18 EMPLOYMENT AND REEMPLOYMENT OF MEMBERS IN THE UNIFORMED SERVICES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06754997
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 11
• Document Creation Date: March 9, 2023
• Document Release Date: August 17, 2020
• Case Number: F-2016-00473
• Publication Date: May 10, 2013

Approved for Release: 2020/08/17 C06754997
UNCLASSIFIEDthAltie-
(U) Disseminating or sharing any part of this document outside CIA must comply with AR 10-
16.
�AR 3-18 EMPLOYMENT AND REEMPLOYMENT OF MEMBERS
IN THE UNIFORMED SERVICES (Formerly AR 20-6)
HR - Agency Regulation Series 3 (WorkforcelHuman Resources)Published on 22 April 2008
Regulation Summary
Ingested from Regulations.cia on 10 May 2013
I. (U) Policy
REVISION SUMMARY: 22 April 2008
This regulation supersedes AR 20-6, dated 20 June 2006.
AR 20-6 provides updated policy and guidance on leave and
reemployment provisions of the Uniformed Services Employment and
Reemployment Rights Act (USERRA). This regulation incorporates
policy contained in AN 20-43-49. AR 20-6 describes protections against
discrimination because of voluntary or involuntary military service, and
contains information regarding Agency payment of health premiums for
employees called to active duty. In addition, this revision has been
updated to include an organizational title change of
DS/CSC/HR/Strategy and Programs Group to Corporate Human
Resources Programs/Policy Staff.
AN 20-43-49 is hereby rescinded.
Boldfaced text in this regulation indicates revisions.
This regulation was written by the Corporate Human Resources
Programs/Policy Staff, (b)(3)
6. (UlfAitte) EMPLOYMENT AND REEMPLOYMENT OF MEMBERS OF
THE UNIFORMED SERVICES
SYNOPSIS. This regulation explains the leave and reemployment
provisions of the Uniformed Services Employment and
AR 3-18
UNCLASSIFIED/tAltFe-
Approved for Release: 2020/08/17 C06754997
1 of 11
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIEDttA+140-
Reemployment Rights Act and describes its protections against
discrimination and retaliation because of voluntary or involuntary
military service. The regulation applies to Agency employees only
and not to industrial or independent contractors.
a. (U) AUTHORITY. The Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA), 38 U.S.C. 99 4301-4333, as amended; 5
U.S.C. 98906 (e)(3); National Security Act of 1947 9 104(g), 50 U.S.C. 9
403-4a(e), as amended.
b. (U) DEFINITIONS
(1) BENEFIT. Any advantage, profit, privilege, gain, status, account, or
interest (other than wages or salary for work performed) that accrues
by reason of an employment contract or agreement or an employer
policy, plan, or practice and includes rights and benefits under a
pension plan, a health plan, insurance coverage and awards, bonuses,
severance pay, supplemental unemployment benefits, vacations, and
the opportunity to select work hours or location of employment.
(2) HEALTH PLAN. An insurance policy or contract, medical or hospital
service agreement, membership or subscription contract, or
arrangement under which health services for individuals are provided or
the expenses of such services are paid.
(3) LEAVE OF ABSENCE. Military leave, annual leave, leave without pay
(LWOP), furlough, or any combination of these.
(4) MILITARY SERVICE. The performance of duty on a voluntary or
involuntary basis in a uniformed service under competent authority.
Military service includes active duty, active duty for training, initial
active duty for training, inactive duty training, full-time National Guard
duty, a period for which a person is absent from a position of
employment for the purpose of an examination to determine the fitness
of the person to perform any such duty, and a period for which a
person is absent from employment for the purpose of performing
funeral honors duty. Military service includes service in the Armed
Forces, the Army National Guard, and the Air National Guard when
AR 3-18 UNCLASSIFIED/IMO 2 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIEDthkttfre�
engaged in active duty for training, inactive duty training, or full-time
National Guard duty; the commissioned corps of the Public Health
Service; and any other category of persons designated by the
President in time of war or national emergency. For the Army National
Guard and the Air National Guard, this only includes service performed
under Federal authority.
c. (U) ABSENCE DUE TO MILITARY SERVICE
(1) Employees must give advance written or verbal notice of military
service to the Agency. As a matter of Agency policy, the preferred
method of notice is via a memorandum for the record to the
employee's supervisor(s), which will be maintained in each employees
official personnel file. No notice is required, however, if giving of such
notice is precluded by military necessity (as determined by an
appropriate military authority), or if under all relevant circumstances,
the giving of such notice is otherwise impossible or unreasonable.
(2) The Agency will grant an unpaid leave of absence to employees who
are performing military service. Employees may elect to use accrued
annual leave, military leave, or sick leave, if appropriate, during the
period of military service. See AR 20-30 for military leave. If an
employee elects not to use accrued leave or the accrued leave is
exhausted, the employee will be placed on LWOP status.
(3) The Agency will grant an excused absence to an employee for
purposes of determining fitness for duty for military service. This
excused absence usually should not exceed 1 day, unless otherwise
required by a longer examination. Supervisors may also grant an
excused absence, not to exceed 4 days, to allow an employee to
pack-out household effects prior to military service.
(4) If an employee knowingly provides written notice of intent not to return
to a position of employment after military service, the employee can be
separated from employment but will retain the reemployment rights set
forth in section (e) below.
AR 3-18 UNCLASSIFIED~e� 3 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIED0AiidG-
d. (U) ELIGIBILITY AND APPLICATION FOR REEMPLOYMENT
(1) An Agency employee has the right to return to Agency employment
following a period of absence necessitated by reason of military
service if he or she meets the following criteria:
(a) The Agency employment from which the employee leaves to
perform military service is other than for a brief non-recurrent
period for which there is no reasonable expectation that the
employment would continue indefinitely or for a significant period.
(b) The employee provides the Agency with notice of the employee's
military service in accordance with paragraph c(1) above;
(c) The cumulative length of absence and of all previous absences
because of military service does not exceed 5 years, unless the
employees military service meets any of the criteria set forth in 38
U.S.C. 9 4312(c);
(d) The employee did not separate from military service with a
discharge under other than honorable conditions, a dishonorable or
bad conduct discharge, or other disqualifying separation set forth in
38 U.S.C. 9 4304; and
(e) The employee timely reports to the Agency or timely notifies the
Agency of his or her intent to return to employment with the Agency
in accordance with paragraphs d(2) or d(3) below. Even if the
employee fails to comply with the time limits imposed by paragraph
d(2) or d(3) below, the employee does not automatically forfeit his
or her reemployment rights under section e. or benefits under
section f. Rather, the employee will be considered absent without
leave and may be subject to discipline. See AHB 20-1.
(f) If the employee's period of military service exceeds 30 days, the
employee is required to submit documentation, if readily available,
to show that he or she meets the above criteria in paragraphs (c)
through (e) immediately above. Following reemployment, if
documentation becomes available that establishes that the
AR 3-18 UNCLASSIFIEMAIU0 4 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIED1YA1th9-
employee does not meet one or more of the criteria set forth in
paragraphs (c) through (e), then the Agency may terminate the
employee's employment and any rights or benefits afforded to the
employee under this regulation.
(2) Reporting to Work or Written Notice of Intent to Return to
Employment. Whether the employee is required to report to work or
submit to his or her component HR officer a written notice of intent to
return to employment depends on the length of military service as
follows:
(a) If the period of military service was fewer than 31 days or if the
employee was absent for any length of time for the purpose of an
examination to determine fitness to perform military service, the
employee must report back to the Agency not later than the
beginning of the first full regularly-scheduled work day on the first
full calendar day following the completion of the military service,
and the expiration of 8 hours after a period allowing for safe
transportation from the place of service to the employee's
residence. If reporting within this 8-hour period is impossible or
unreasonable through no fault of the employee, then the employee
shall report back to the Agency as soon as possible after the
expiration of this period.
(b) For a period of service more than 30 days but fewer than 181
days, the employee must submit a written notice to the component
HR officer expressing his or her intent to return to the Agency not
later than 14 days after the completion of military service. If
submitting such notice within this 14-day period is impossible or
unreasonable through no fault of the employee, then the employee
shall submit the notice the next full calendar day which it becomes
possible to do so. Due to security and medical recertification
requirements, the employee also should provide notice to the
component HR officer of his or her anticipated return date prior to
submitting this written notice.
(c) For a period of military service more than 180 days, the employee
AR 3-18 UNCLASSIFIEDHAible- 5 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIED
must submit a written notice to the component HR officer
expressing his or her intent to return to the Agency not later than
90 days after the completion of service. Due to security and
medical recertification requirements, the employee should also
provide notice to the component HR officer of his or her
anticipated return date prior to submitting this written notice.
(3) Hospitalization. If the employee is hospitalized for, or convalescing
from, an illness or injury incurred in, or aggravated during, the
performance of military service, the employee is required to report to
work or submit written notice of intent to return to employment at the
end of the period necessary to recover from the illness or injury.
Whether the employee is required to report to work or submit written
notice of intent to return to employment depends on the length-of
military service described in paragraphs 2(a)-(c) immediately above.
The period of recovery may not exceed 2 years from the date of the
completion of military service, unless extended by the minimum time
required to accommodate circumstances beyond the employee's
control that make reporting within the 2 year period impossible or
unreasonable.
e. (UttAtlzfe) REEMPLOYMENT RIGHTS
(1) An employee, whether on LWOP or separated from employment during
military service, will be reemployed as soon as practicable, but not
later than 30 days following the Agency's receipt of the employee's
written notice of intent to return to employment, provided the employee
meets all eligibility criteria outlined in paragraph d(1) above and has
obtained all required medical and security recertification.
(2) An employee whose period of military service was for fewer than 91
days must be employed in the position for which he or she is qualified
and would have attained if continuously employed. If not qualified for
this position after reasonable efforts by the Agency to qualify the
employee, the employee is entitled to the position he or she left prior
to military service. If the employee is not qualified for either position,
the employee is entitled to any other position that is the nearest
AR 3-18 UNCLASSIFIED LAti1C7- 6 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIED/Wuu
approximation of either of these positions, if qualified for that position.
(3) For an employee whose period of military service was 91 days or
more, the Agency has the option of placing the employee in the
position for which he or she is qualified and would have attained if
continuously employed or in a position of like status and pay. If not
qualified for either of these positions after reasonable efforts by the
Agency to qualify the employee, the employee is entitled to the
position he or she left prior to military service or a position of like
status and pay. If the employee is not qualified for any of these
positions, the employee is entitled tO any other position that is the
nearest approximation to these positions, if qualified for that position.
(4) If an employee has a disability incurred in, or aggravated during, the
period of military service, and after reasonable efforts by the Agency
to accommodate the disability, is not qualified due to such disability to
be employed in the position he or she would have attained if
continuously employed, the employee is entitled to employment in
another position of like status and pay, if qualified for that position. If
the employee is not employed in such a position, the employee is
entitled to employment in the position that is the nearest approximation
in terms of status and pay consistent with the circumstances of the
employee's case.
(5) The component HR Officer must:
(a) Notify the Office of Security and the Office of Medical Services
to assist the employee in obtaining required security and medical
recertification upon the employee's return to Agency duty;
(b) Identify the position to which the employee is to be assigned upon
reemployment;
(c) Assist the employee in determining if any health or life insurance
benefits were terminated, and if so, assist the employee in
submitting reenrollment paperwork in a timely manner; and
(d) Counsel the employee about reenrollment in the Medical Leave
AR 3-18 UNCLASSIFIED/446A 7 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIED/1N:4Q
Bank, if applicable, and assist with enrollment forms if necessary.
(6) If the component HR officer cannot identify a possible position for the
employee in the component, then the case should be referred to the
Chief, Human Resources (C/HR) or designee to identify an equivalent
position within the Agency. If a suitable position cannot be identified,
the C/HR or designee may determine that reemployment of the
employee is impossible or unreasonable under certain circumstances.
These circumstances include, but are not limited to, those where
assisting the employee in becoming qualified for reemployment would
cause- an undue hardship for the Agency.
If such a determination is made, the C/HR or designee shall notify the
employee and the Director of the Office of Personnel Management of
the determination. This determination is not subject to judicial review.
(7) On an annual basis, the Director of the Central Intelligence Agency
(D/CIA) shall submit the number of persons whose reemployment was
determined to be impossible or unreasonable, and the reasons for
such determinations, to the Senate Select Committee on Intelligence,
Committee on Veterans' Affairs of the Senate, House Permanent
Select Committee on Intelligence, and the Committee on Veterans'
Affairs of the House of Representatives.
f. (U) BENEFITS
(1) GENERALLY. Employees on a leave of absence during military service
are generally entitled to the rights and benefits provided by the Agency
to other employees with similar status and pay that are on a leave of
absence. See AR 20-30 and AR 20-31. On reemployment, the
employee is treated as not having a break in service with the Agency
for purposes of within-grade increases; leave rate accrual; completion
of trial period; participation, vesting, and accrual of benefits for a
pension plan; and other benefits based on length of service.
(2) HEALTH PLAN
(a) Continuation of Coverage. During the period of military service,
AR 3-18 UNCLASSIFIEMAIU0 8 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIED1/AttiG�
employees are entitled to continue coverage for themselves and
their dependents under an Agency-sponsored health plan. (An
employee may not initiate new health plan coverage at the
beginning of a period of military service if the employee did not
previously have such coverage.) The plan must allow the employee
to elect to continue coverage for a period of time that is the lessor
of:
(1) The 24-month period beginning on the date on which the
employee's absence for the purpose of performing services
begins; or
(2) The period beginning on the date on which the employee's
absence for the purpose of performing service begins and
ending on the day after the date on which the employee fails to
return to, or apply for, a position of reemployment (as
determined under paragraph d(2) or d(3) above).
For the first 12 months of any LWOP, the employee may continue
coverage by paying the employee's share of the premium. See AR 20-
43c.4 for health insurance coverage during non-pay status. Beyond
the first 12 months and up to the 24-month limit, the employee may
continue coverage provided that the employee pays 102 percent of
the premium. If health plan coverage for an employee or dependent
was terminated because of military service, the coverage will be
reinstated upon request at reemployment.
(b) Agency Payment of Health Plan Premiums. The Agency will pay
both the employee's and the government's share of the Agency-
sponsored health plans, for a period not to exceed 24 months, if
the employee meets the following conditions:
(1) The employee must be enrolled in an approved Agency-
sponsored health benefits plan;
(2) The employee must be a member of a reserve component of
the Armed Forces;
AR 3-18 UNCLASSIFIEDWAftte- 9 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIEDHAIU0
(3) The employee must be called or ordered into active duty in
support of a contingency operation;
(4) The employee must be placed on leave without pay or
separated from service to perform active duty; and
(5) The employee must serve on active duty for a period of more
than 30 consecutive days.
This authority applies to employees called to active duty on or
after September 14, 2001.
(3) THRIFT SAVINGS PLAN. Employees on LWOP status during military
service may maintain their Thrift Savings Plan (TSP) account;
however, neither the Agency nor the employee can make contributions
to the account during LWOP. Upon return to the Agency, employees
are eligible to make up (and if under FERS, or FERS Special, receive)
those contributions that they could have made (or received) if they had
remained at the Agency. If an employee makes up such contributions,
the Agency will match the contributions retroactively. For additional
details on the effect of military service on an employee's TSP
account, see the Federal Retirement Thrift Investment Board's
USERRA regulations, published at 5 C.F.R., Chapter VI.
(4) VOLUNTARY INVESTMENT PLAN. Employees in the Voluntary
Investment Plan (VIP) must maintain their account in an inactive status
while on LWOP.
g. (U) ANTI-DISCRIMINATION AND ANTI-RETALIATION
(1) The Agency may not deny initial employment, reemployment, retention
in employment, promotion, or any benefit of employment on the basis
of membership, application for membership, performance of service,
application for service, or obligation for military service.
(2) The Agency may not retaliate against an employee because the
employee has taken action to enforce a protection afforded under
USERRA; testified or otherwise made a statement in or in connection
AR 3-18 UNCLASSIFIED/4,4W& 10 of 11
Approved for Release: 2020/08/17 C06754997
Approved for Release: 2020/08/17 C06754997
UNCLASSIFIEDHAIU0
with a proceeding under USERRA; assisted or participated in a
USER RA investigation; or, exercised a right provided for by USERRA.
(3) These anti-discrimination and anti-retaliation provisions apply to all
Agency employees, including an employee described in paragraph
d(1)(a) above.
h. (U) RETENTION. Except in the case of an employee under a time-limited
appointment who finishes out the unexpired part of his or her appointment
upon reemployment, any employee reemployed by the Agency under this
regulation shall not be discharged from employment, except for cause:
(1) within 6 months of the date of reemployment, if the employee's period
of military service was more than 30 days but less than 181 days; or
(2) within 1 year of the date of, reemployment, if the employee's period of
military service was more than 180 days.
i. (UH*ILIG) Notwithstanding any provision of this regulation or any other
regulation, law, or policy, the D/CIA may, in his discretion, terminate the
employment of any officer or employee of the CIA whenever the D/CIA
deems such termination necessary or advisable in the interests of the
United States. See AR 13-8.
j. (U) COMPLIANCE. The Office of the Inspector General investigates and
resolves alleged USERRA violations. See AR 1-3a.
AR 3-18 UNCLASSIFIED/IMO 11 of 11
Approved for Release: 2020/08/17 C06754997