Employment During Terminal Leave
Holding a civil office in state or local government: While on active duty
(including terminal leave) military
officers are prohibited by 10 U.S.C. 973(b) from holding a "civil office" with a state or
local government.
Civilian position in the U.S. Government: Military personnel on terminal
leave are authorized to accept a civilian position in the U.S. Government and receive the pay and
allowances of that position as well as their military pay and allowances. (5 U.S.C.
5534a)
Note: Please remember that while on terminal leave, you are still an active-duty
service member, and the restrictions that apply to you while on active duty still apply. For
example: Restrictions on political activities.
Outside employment: If you are currently required to obtain permission prior
to engaging in outside employment, that requirement will most likely carry over to you during
terminal leave. Check with your supervisor.
Restriction on representing others to the Federal Government: You may not
represent anybody outside the Government to the Government on any particular matter involving the
Government. Military officers working on terminal leave (like all Federal employees) are
prohibited by 18 USC 205 and 18 USC 203 from representing their new employer to
the Government. In almost every case, this precludes a member from interacting or appearing in the
Federal workplace as a contractor. Being present in Government offices on behalf of a contractor
inherently is a representation. Of course, military officers on terminal leave may begin work with
the contractor, but only "behind the scenes" at a contractor office or otherwise away from the
Government workplace.
NOTE:
Enlisted members are not subject to 18 USC 203 or 205.
Prohibition on working for a foreign principal: Over and above the
restriction of receiving compensation from a foreign government, there is also a specific
prohibition of a public official from being or acting as an agent of a foreign principal required
to register under the Foreign Agents Registration Act of 1938 (expanding the restriction beyond
foreign governments to include persons, partnerships, and corporations (18 U.S.C. 219).
