WHAT IS A DUAL STATUS TECHNICIAN?

National Guard dual-status technicians are a unique type of federal employee. They are civilians who work for the National Guard. Their jobs range from helicopter, airplane, and tank mechanics to clerical and support workers. Unlike other federal employees, National Guard dual-status technicians are required to maintain military status as a condition of their civilian position. Most federal employees are covered by Title 5; however, dual-status technicians are covered by both Title 5 and Title 32 (known as the Technician Act). The Technician Act requires dual-status technicians to wear a military uniform as a condition of their employment; leave their civilian position if they can no longer meet their military requirements; and exempts the workers from overtime pay, seniority, and Merit Systems Protection Board rights that other federal workers have.

Positions in the National Guard Military Technician Program that require military membership in the National Guard as a condition of employment are in the excepted service under the provisions of 32 USC 709. This status means you are “exempt” from the rules that govern civil service employees, i.e. in the requirements for appointments. Employment as a National Guard Military Technician does not result in “competitive” civil service status. Loss of military membership for any reason will cause termination of technician employment.

Veteran’s Preference:

Veterans’ preference is not applicable to appointment or retention in the National Guard Military Technician Program.

Military Uniform:

Dual status Military Technicians are required to wear the uniform while performing technician duties. Additionally, compliance with established grooming, weight management and physical fitness requirements is essential. While in uniform, even after duty hours, proper customs and courtesies will be extended as appropriate.

Compatible Military Assignment:

Dual status Military Technicians are required to be assigned to a military position and unit compatible with his/her Military Technician position. Failure to maintain military compatibility is grounds for termination.

Overtime Pay:

National Guard Military Technicians are not entitled to overtime pay. Compensatory time off for any overtime work to include travel time will be granted.

Compensatory Time:

Compensatory time off for pre-approved overtime work will be granted at supervisor’s discretion. The amount of time off given is equal to the time you spent outside your normal duty hours or irregularly scheduled work. In order to be compensated, you must receive your supervisor's approval before performing such work. Compensatory time must be used within 26 pay periods from the pay period in which it was earned or the time will be forfeited.

Types of Dual Status Technician Employment:

  • PERMANENT EMPLOYMENT: All National Guard Military Technicians who must maintain military membership as a condition of employment are appointed in the excepted service and must serve a one-year trial period. The technician may be removed during this trial period if performance and/or conduct do not meet expected standards. Upon successful completion of the trial period, the dual status Military Technician is converted to “career” status. Non-dual status Military Technicians are appointed as “career-conditional” employees and must serve a one year probationary period. Non-dual status Military Technicians must serve three years before obtaining “career” status.

  • INDEFINITE EMPLOYMENT: Indefinite employment is temporary in nature and will normally last more than one year but no more than four years. Benefits are the same as a permanent technician. Indefinite technicians are in 3 Tenure Group 3 and are not eligible for conversion to permanent status. Indefinite technicians serve at the will of the appointing official and may be separated at any time, after a 30-day written notice memorandum is issued by the HRO.

  • TEMPORARY EMPLOYMENT: Technicians may be employed for short periods of time with a not to exceed ending date, usually one year. Temporary limited employees are in Tenure Group 0. These temporary appointments do not confer the same benefits as permanent appointments and the employee may be separated at any time.

Official Personnel Records:

Official Personnel Folders (OPFs) are established in the Human Resources Office and an electronic version may be accessed on line by employees at https://eopf1.nbc.gov/nationalguard/ These on-line folders contain official documents pertaining to your technician employment. You are encouraged to periodically review your eOPF. The eOPF web application provides technicians access to the digital version of their Official Personnel Folder (OPF) from a .mil domain network. When a Military Technician leaves federal employment, the OPF is forwarded to the Federal Records Center, St. Louis, MO, not later than 60 days after separation. Supervisors are required to maintain a technician work-folder and NGB Form 904 or its electronic equivalent. This folder may be reviewed at any time by the technician. Technicians are furnished original copies of all Notification of Personnel Action (NPA). You are strongly encouraged to maintain these NPAs together with other personnel documents such as your job application and resume.

If you would like to talk to an attorney regarding your technician employment, contact  Stephanie Flynn Law or call (402) 325-8469 for experienced legal help.