123STA T .694PUBLIC LA W 111 –8—M A R .11 , 2 0 09 foreachp a y per i o d de s cri b edi n s u bsec t ion ( b ), ana m ount e q ua l to the amount by w hich —‘ ‘( 1 ) the amount of basic pay which would otherwise ha v e been payable to such employee for such pay period if such employee ’ s civilian employment with the G overnment had not been interrupted by that service, e x ceeds (if at all) ‘‘( 2 ) the amount of pay and allowances which (as deter - mined under subsection (d))— ‘‘( A ) is payable to such employee for that service
and ‘‘( B ) is allocable to such pay period . ‘‘(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— ‘‘(A) durin g which such employee is entitled to reemploy- ment rights under chapter 43 of title 3 8 with respect to the position from which such employee is absent (as referred to in subsection (a)); and ‘‘(B) for which such employee does not otherwise receive basic pay (including by ta k ing any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. ‘‘(2) F or purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38— ‘‘(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and ‘‘(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a). ‘‘(c) Any amount payable under this section to an employee shall be paid— ‘‘(1) by such employee’s employing agency; ‘‘(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and ‘‘(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee’s civilian employment had not been interrupted. ‘‘(d) T he O ffice of P ersonnel M anagement shall, in consultation with S ecretary of D efense, prescribe any regulations necessary to carry out the preceding provisions of this section. ‘‘(e)(1) The head of each agency referred to in section 23 0 2(a)(2)( C )(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ‘‘(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ‘‘(f) For purposes of this section— ‘‘(1) the terms ‘employee’, ‘Federal Government’, and ‘uni- formed services’ have the same respective meanings as given those terms in section 4303 of title 38; ‘‘(2) the term ‘employing agency’, as used with respect to an employee entitled to any payments under this section, Defin i t i o n s.Pr o c e du res. R e g u la tions.
