Posted on Sep 11, 2014
Can I start my new job while on transition leave?
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So, I believe I have nailed down how my early voluntary separation will play out in terms of taking leave. I was told that it is not allowed for a Soldier to start working while on transition leave (unless it is a Federal Civil Service Position). So, am I not allowed to start a private sector job, not related at all with the government, while on transition leave?
Posted in these groups: 
Transition
Transition
Posted 11 y ago
Responses: 7
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SGT Payton; the LAW (!) says you can... it is stated as such in 5 USC: §5534a. Dual employment and pay during terminal leave from uniformed services
A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or position in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303(a) of this title for a retired member of a uniformed service."
Anybody who tells you otherwise is clueless. You will notice that the law does not touch on civilian employers, to wit I state; how will DFAS rectify this? further more, if it is good for Federal employees, I don't think constitutionally you can prevent a person from working from let's say, his/her dad's family business.
A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or position in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303(a) of this title for a retired member of a uniformed service."
Anybody who tells you otherwise is clueless. You will notice that the law does not touch on civilian employers, to wit I state; how will DFAS rectify this? further more, if it is good for Federal employees, I don't think constitutionally you can prevent a person from working from let's say, his/her dad's family business.
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SGT (Join to see)
Good point, MSG. If federal employment can be obtained during transition leave, why wouldn't private sector employment?
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SGT Kristopher Lather
Thank you for the Response, I quoted the USC on an email to my NCO Chain letting them know that I've accepted a Offer of Employment to start working while I'm on Transition Leave, just to prove to one Higher Ranked NCO who objected and said "You can't do that $HIT, you're drawing a paycheck from the Army, that's double dipping and it goes against Moral Values"... Needless to say I laughed and forwarded him the link to the USC. BOOYAKISHA !
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SGT (Join to see) I wouldn't worry about it. Find a job, go to work. The only issue will be if you worked as a contracting officer and dealt out contracts to the job you're entering in on. Otherwise, get a job and go to work.
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SGT (Join to see)
PO1 (Join to see) , I do not deal with contracts at all. Currently, I am the administrative assistant to my battalion CSM LOL...Thanks for the input.
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You can work in the private sector while on transition leave. There are a few limitations, but they mostly deal with working for a company doing business with the government. You can't award a contract to a company, then go to work for that company.
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SGT (Join to see)
That's what I figured, Chief. I know plenty of people who separated and started working while on transition leave. Thanks for clearing that up for me.
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It's been years but ultimately, did not early sep...just took transition leave. Signed out on Friday, went to work that Monday...no issues.
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Once you sign out on transition leave, you can begin work in the civilian sector. I'm not sure who told you that you couldn't, but they were wrong. When I begin transition leave at retirement next year, I'll have 83 days of leave. During those 83 days, I'll be working. The only real thing that would keep you from working while in transition is any pending legal issues, if you have one. If something legal popped, they could call you back to active service.
...............just noticed this was from almost two years ago....... I hate how these forums work.
...............just noticed this was from almost two years ago....... I hate how these forums work.
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SGT Kyle Johnson
CW3 Jared Hickox I do it all the time, want to jump in and say something, then realize it is a 2 year old post... LMAO
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How did this work out for you? I am currently trying to figure this out myself.
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