After lengthy discussion Senators approve bill to set military leave days

Pago Pago, AMERICAN SAMOA — Senators yesterday approved in third and final reading a Senate bill that would set by law the maximum military leave days allotted by ASG for US Army Reservists, as well as an Administration measure amending the local tax code.

Both bills now go to the House for their review and consideration. The House version of the Administration bill amending the local tax code is pending at a House committee.

MILITARY LEAVE

Senators approved on Wednesday in second reading, the military leave bill, following a committee hearing earlier in the day, where ASG Human Resources director Lynn Pulou-Alaimalo said that there are twenty-six U.S Army Reservists working in the government.

She explained that DHR has thoroughly reviewed military leave, and pointed to federal law, “5 U.S. Code section 6323”, which provides 15-days per fiscal year for active duty, active duty training, and an employee carry over of a maximum of 15 days into the next fiscal year.

Based on the schedules reviewed by DHR, there are about 100 days of training in the states, she said, and noted that military leave is 15-days maximum under federal law.

Additionally, there is a federal law, Uniform Services Employment and Reemployment Rights Act, which protects the rights of U.S Army Reservists.

For “active duty” personnel, they are considered “full time” while U.S Army Reservists, are part-time as they work about six months out of a year, which means they meet twice a month for drills and training.

“And this is different from active duty,” said the DHR director, and explained that federal law — 5 US code 6323 — provides 22 work days per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a state Governor.

And it’s “provided to employees who performed military duties and support of civil authorities and the protections of life and property and who perform full time military service as a result of a call order to active duty and support of operations pertaining to military actions operations hostility against an enemy of the United States or against a employment military,” she shared with senators.

The committee was also informed about the provision of the “U.S. Army Regulation 600-8-10” for “Leave accrual”, which states in part: “Soldiers accrue leave at the rate of 2.5 calendar days for each month of active duty service.”

Pulou-Alaimalo informed senators that DHR had also discussed with a U.S Army official the advantages and disadvantages of military leave.

“What are the benefits of offering military leave?” she asked and explained that the “employee will not be charged annually nor will they have a loss of pay or service.”

“Secondly, increasing the amount of military leave days, will allow military personnel to attend more trainings without loosing out on the benefits mentioned above,” she explained.

The Senate bill extends the current 15-day of military leave, under ASG regulation — Administrative Code; and set by law the maximum of 30-days military leave, according to Sen. Malaepule Saite Moliga, one of the sponsors of the legislation.

Pulou-Alaimalo explained the disadvantages, saying that military leave is not calculated into a department’s overall fringe benefits. Furthermore, extending it beyond the 15-days, may affect a department’s personnel budget, depending on the number of employees that are taking military leave for every fiscal year.

Additionally, there are several trainings that are optional that employees will apply to use if additional days are granted. And this places a burden on the department to find someone to manage their individual’s duties and responsibilities when they are on leave.

And “extending military leave may discourage the department’s from hiring,” she said, and reiterated her earlier statement that there is already federal law in place, as a “job security for our U.S Army Reservists.”

“From the many trainings that our Army Reservists attend, DHR has been very supportive. We have been very compliant and patriotic in ensuring that our US Army Reservists receive the support that they need for these trainings,” she said.

Pulou-Alaimalo said that one of her military liaisons, who is also a US Army Reservist, is 1st Lt. Asora Sunia. “And he’s been advocating and lobbying for our veterans and U.S Army Reservists in American Samoa,” she said.

She reminded senators that, “regulations, and the policies for veterans as well as the support of employing our military veterans is always there at HR.”

Malaepule acknowledged the DHR director’s testimony but he pointed out that the bill changes 15-days to 30-days for military leave. He said that local law doesn’t set maximum days when reservists are called to duty for deployment or annual training.

He claimed that many times when reservists are called by the military they are deployed for more than 30-days: some 60-days or 90-days. “And this is especially true when reservists are called to active duty,” he said, adding that after the 30-day military leave — as proposed in the bill — the individual can use the annual or sick leave to cover days that are more than 30.

Several senators shared their views and all support helping sons and daughters of American Samoa serving in the military, as the current Senate-Membership includes 5 military retirees.

Sen. Magalei Logovi’i, who chaired the 35-minute hearing, raised the issue of government funds that would be spent when extending military leave from 15 days to 30 days.

Malaepule pointed out that money is not important but it’s the service in the Armed Forces by American Samoa’s sons and daughters that is of great importance.

In the end the committee agreed to move the bill forward, instead of waiting for financial data from DHR on the costs of setting the maximum 30-days military leave.

Provisions of the bill statesthat paid military leave is limited to a maximum of 30 workdays during each year, regardless of number of training periods in a year and whether taken intermittently, a day at a time, or all at one-time and it will not roll over to the next year if unused.

Additionally, absence, which is not chargeable to military leave can be charged to annual leave. Therefore, employees who are called to duty for a period longer than the 30-day period chargeable to military leave can use annual leave for the additional absence. (See Samoa News edition Jan 17, 2023 for details).

TAX CODE AMENDMENT BILL

For the American Samoa Tax Code amendment bill, it seeks to fix the tax brackets, exemptions and personal deductions at 2000 levels.

Gov. Lemanu P.S Mauga had informed Fono leaders that this legislation is brought about by a decision made by the High Court of American Samoa in a case by a taxpayer against ASG. “The proposed changes remove the potential for other such lawsuits in the future,” he said. (See Samoa News edition yesterday, Jan. 19 for details.)