Posted on Jul 22, 2023
1LT Chaplain Candidate
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Thinking about legal ramifications. Not sure where to start looking for answers.
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COL Randall C.
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Edited >1 y ago
1LT (Join to see), if you're asking if there is any law that prevents you from collecting civilian pay while you're collecting military pay when you're a reservists? No. However, you cannot conduct other non-military paid employment tasks while on "military time".

Can you get paid after duty hours? Absolutely. Many reservists have weekend jobs that they go to after drill. As far as "can I work in a civilian job if I'm on active duty orders", that falls into another category which I could go into if you want, but basically you need permission, it can't adversely reflect on the military, ethics review (for senior individuals), etc.
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1LT Chaplain Candidate
1LT (Join to see)
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That's exactly it sir. I'm putting in an RFO to attend a conference, relevant to my training as a Chaplain. Then, my boss on the civilian side is one of the primary speakers at this conference and wants me to help out so he can throw so money my way while I'm there. Is that just a matter of command approval?
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COL Randall C.
COL Randall C.
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1LT (Join to see) - Largely. The Joint Ethics Regulation allows for "outside employment" if you commander allows. However, that is in essence approval from the Commander to ensure that outside employment won't interfere with your military duties.

Many reservists continue to draw civilian pay while on active duty orders in the form of differential pay from their civilian employer.

Your situation is a tad bit in a gray area. If you had military duties to be considered (other than 'attend a conference') it would be pretty straightforward regarding the priority. However, your situation is where you are being put on TDY orders to cover your P&A and travel.

Again, the is no legal barrier and from an ethical point of view, as long as you are attending the conference that the military is paying for then you shouldn't have a conflict.
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LTC Program Manager
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I can't imagine a reservist needing approval to have outside employment. A huge number of reservist professionals do their day jobs after hours on drill or AT when in an environment where that's possible.
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1LT Chaplain Candidate
1LT (Join to see)
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Just wanted to make sure it was kosher!
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CPT Staff Officer
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Sounds like you got your answer.

I guess the most complicated situation would be working during a Battle Assembly after one is dismissed for the day. We are all still accountable during the whole period from say 00:01 on Saturday through 23:59 on Sunday.

I've never heard of anyone not being allowed to go to a second job after a BA. It is not an uncommon situation.

Annual Training might be a little more complicated, but if it's not conflicting with your military working day then again, I can't imagine a chain of command saying no.

I have literally given an approval memo to one of my previous AGR's to work a second job (holiday swing work for extra Christmas money, so goes the soldier's justification). So it was even allowed by Army policy in a reverse context. The justification memo was within Army guidelines.

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Where this becomes a "Problem" is when the jobs are from the same employer. So if say your job was a federal job, or even worse a DOD related job, then it's starts to cause problems. You'd be getting paid by the same employer for what can potentially be seen as overlapping work hours, or possibly cause problems for the employer because now you are working more than normal work hours, and would they start to be considered overtime?

A perfect example of this would be a MIL Tech who is a TPU in your unit, but a MIL Tech in an entirely different USAR unit. I have seen such Mil Techs draw a line, and say NOPE!!!!!!!!!!! I'm not going to log into my MIL Tech resources for this unit, they are not part of the unit chain of command wanting to utilize the MIL Tech access. I get it I guess. They are not going to get paid for both roles at the same time.

However, most of the time, Mil Techs not in the chain of command as TPUs are still accommodating. I guess it's the crusty one's that are fed up.

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The MAIN THING NOT TO DO is say to work non army related work things you are getting paid for while on the clock at Battle Assembly. I imagine a lot of people do it, and get away with it, but it's a huge risk to expose yourself to if someone wanted to bring the hammer down on top of other conduct related issues.
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