US (United States) Code. Title 5. Part III: Employees. Subpart E: Attendance and leave. Chapter 63: Leave

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-CITE-

5 USC CHAPTER 63 - LEAVE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

.

-HEAD-

CHAPTER 63 - LEAVE

-MISC1-

SUBCHAPTER I - ANNUAL AND SICK LEAVE

Sec.

6301. Definitions.

6302. General provisions.

6303. Annual leave; accrual.

6304. Annual leave; accumulation.

6305. Home leave; leave for Chiefs of Missions; leave for crews of

vessels.

6306. Annual leave; refund of lump-sum payment; recredit of annual

leave.

6307. Sick leave; accrual and accumulation.

6308. Transfers between positions under different leave systems.

(6309. Repealed.)

6310. Leave of absence; aliens.

6311. Regulations.

6312. Accrual and accumulation for former ASCS county office and

nonappropriated fund employees.

SUBCHAPTER II - OTHER PAID LEAVE

6321. Absence of veterans to attend funeral services.

6322. Leave for jury or witness service; official duty status for

certain witness service.

6323. Military leave; Reserves and National Guardsmen.

6324. Absence of certain police and firemen.

6325. Absence resulting from hostile action abroad.

6326. Absence in connection with funerals of immediate relatives in

the Armed Forces.

6327. Absence in connection with serving as a bone-marrow or organ

donor.

6328. Absence in connection with funerals of fellow Federal law

enforcement officers.

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

6331. Definitions.

6332. General authority.

6333. Receipt and use of transferred leave.

6334. Donations of leave.

6335. Termination of medical emergency.

6336. Restoration of transferred leave.

6337. Accrual of leave.

6338. Prohibition of coercion.

6339. Additional leave transfer programs.

6340. Inapplicability of certain provisions.

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

6361. Definitions.

6362. General authority.

6363. Establishment of leave banks.

6364. Establishment of Leave Bank Boards.

6365. Contributions of annual leave.

6366. Eligibility for leave recipients.

6367. Receipt and use of leave from a leave bank.

6368. Termination of medical emergency.

6369. Restoration of transferred leave.

6370. Prohibition of coercion.

6371. Accrual of leave.

6372. Additional leave bank programs.

6373. Authority to participate in both programs.

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

6381. Definitions.

6382. Leave requirement.

6383. Certification.

6384. Employment and benefits protection.

6385. Prohibition of coercion.

6386. Health insurance.

6387. Regulations.

SUBCHAPTER VI - LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

6391. Authority for leave transfer program in disasters and

emergencies.

AMENDMENTS

1999 - Pub. L. 106-56, Sec. 1(c)(2), Sept. 24, 1999, 113 Stat.

407, added item 6328.

1997 - Pub. L. 105-18, title II, Sec. 9004(b), June 12, 1997, 111

Stat. 197, added heading of subchapter VI and item 6391.

1994 - Pub. L. 103-329, title VI, Sec. 629(a)(2)(B), Sept. 30,

1994, 108 Stat. 2423, added item 6327.

1993 - Pub. L. 103-103, Sec. 5(a)(2), Oct. 8, 1993, 107 Stat.

1023, substituted ''Authority to participate in both programs'' for

''Limitation on employee participation'' in item 6373.

Pub. L. 103-3, title II, Sec. 201(a)(2), Feb. 5, 1993, 107 Stat.

23, added heading of subchapter V and items 6381 to 6387.

1990 - Pub. L. 101-508, title VII, Sec. 7202(i)(2), Nov. 5, 1990,

104 Stat. 1388-337, inserted ''and nonappropriated fund'' after

''office'' in item 6312.

1988 - Pub. L. 100-566, Sec. 2(d)(1)(B), Oct. 31, 1988, 102 Stat.

2844, which provided that the table of sections for subchapters III

and IV were to be repealed effective 5 years after Oct. 31, 1988,

was repealed by Pub. L. 103-103, Sec. 2, Oct. 8, 1993, 107 Stat.

1022, effective Oct. 30, 1993.

Pub. L. 100-566, Sec. 2(b), Oct. 31, 1988, 102 Stat. 2843, added

heading of subchapter III and items 6331 to 6340 and heading of

subchapter IV and items 6361 to 6373.

1975 - Pub. L. 94-183, Sec. 2(27), Dec. 31, 1975, 89 Stat. 1058,

struck out item 6309 ''Leave of absence; rural carriers''.

1970 - Pub. L. 91-563, Sec. 1(b), Dec. 19, 1970, 84 Stat. 1476,

included witness service and official duty status for certain

witness service in item 6322.

1968 - Pub. L. 90-588, Sec. 1(b), Oct. 17, 1968, 82 Stat. 1151,

added item 6326.

Pub. L. 90-367, Sec. 2(b), June 29, 1968, 82 Stat. 277, added

item 6312.

1967 - Pub. L. 90-221, Sec. 3(b), Dec. 23, 1967, 81 Stat. 671,

added item 6325.

1966 - Pub. L. 89-747, Sec. 1(3), Nov. 2, 1966, 80 Stat. 1179,

inserted reference to leave for crews of vessels in item 6305.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 4703 of this title; title

22 section 7002; title 24 section 225e; title 25 section 2012;

title 28 section 996.

-CITE-

5 USC SUBCHAPTER I - ANNUAL AND SICK LEAVE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

.

-HEAD-

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5508, 5551, 6332,

6337, 6362, 6382, 8339 of this title; title 7 section 1766c; title

22 section 3942; title 28 sections 153, 156, 603, 631, 634, 712,

752, 794; title 42 section 242l.

-CITE-

5 USC Sec. 6301 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6301. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''United States'', when used in a geographical sense means

the several States and the District of Columbia; and

(2) ''employee'' means -

(A) an employee as defined by section 2105 of this title; and

(B) an individual first employed by the government of the

District of Columbia before October 1, 1987;

but does not include -

(i) a teacher or librarian of the public schools of the

District of Columbia;

(ii) a part-time employee who does not have an established

regular tour of duty during the administrative workweek;

(iii) a temporary employee engaged in construction work at an

hourly rate;

(iv) an employee of the Panama Canal Commission when employed

on the Isthmus of Panama;

(v) a physician, dentist, or nurse in the Veterans Health

Administration of the Department of Veterans Affairs;

(vi) an employee of either House of Congress or of the two

Houses;

(vii) an employee of a corporation supervised by the Farm

Credit Administration if private interests elect or appoint a

member of the board of directors;

(viii) an alien employee who occupies a position outside the

United States, except as provided by section 6310 of this

title;

(ix) a ''teacher'' or an individual holding a ''teaching

position'' as defined by section 901 of title 20;

(x) an officer in the executive branch or in the government

of the District of Columbia who is appointed by the President

and whose rate of basic pay exceeds the highest rate payable

under section 5332 of this title;

(xi) an officer in the executive branch or in the government

of the District of Columbia who is designated by the President,

except a postmaster, United States attorney, or United States

marshal;

(xii) a chief of mission (as defined in section 102(a)(3) of

the Foreign Service Act of 1980); or

(xiii) an officer in the legislative or judicial branch who

is appointed by the President.

Notwithstanding clauses (x)-(xii) of paragraph (2), the term

''employee'' includes any member of the Senior Foreign Service or

any Foreign Service officer (other than a member or officer serving

as chief of mission or in a position which requires appointment by

and with the advice and consent of the Senate) and any member of

the Foreign Service commissioned as a diplomatic or consular

officer, or both, under section 312 of the Foreign Service Act of

1980.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517; Pub. L. 91-375, Sec.

6(c)(17), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-519, Sec. 1, Oct.

25, 1978, 92 Stat. 1819; Pub. L. 96-70, title III, Sec. 3302(e)(2),

Sept. 27, 1979, 93 Stat. 498; Pub. L. 96-465, title II, Sec.

2312(a), 2314(f)(1), Oct. 17, 1980, 94 Stat. 2166, 2168; Pub. L.

99-335, title II, Sec. 207(c)(1), formerly Sec. 207(c), June 6,

1986, 100 Stat. 595, renumbered Sec. 207(c)(1), Pub. L. 99-556,

title II, Sec. 201(1), Oct. 27, 1986, 100 Stat. 3135; Pub. L.

102-54, Sec. 13(b)(2), June 13, 1991, 105 Stat. 274.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(1) 5 U.S.C. 2061(d). Sept. 6, 1960, Pub.

L. 86-707, Sec.

402(c), 74 Stat.

800.

(2) 5 U.S.C. 2061(a), Oct. 30, 1951, ch.

(b), (c)(1) (less 631, Sec. 202, 65

last sentence). Stat. 679. July 2,

1953, ch. 178, Sec.

1 ''(c)(1) (less

last sentence)'',

67 Stat. 136.

Sept. 6, 1960, Pub.

L. 86-707, Sec.

402(a), 74 Stat.

800.

Aug. 21, 1964, Pub.

L. 88-471, Sec.

6(a), 78 Stat. 583.

5 U.S.C. 2067. Aug. 21, 1964, Pub.

L. 88-471, Sec. 1,

78 Stat. 582.

5 U.S.C. 2358(a) July 17, 1959, Pub.

(less applicability L. 86-91, Sec.

to the Federal 10(a) (less

Employees Pay Act applicability to

of 1945, as the Federal

amended). Employees Pay Act

of 1945, as

amended), 73 Stat.

217.

-------------------------------

In paragraph (1), the words ''when used in a geographical sense''

are added for clarity.

In paragraph (2), the words ''an employee as defined by section

2105 of this title'' are coextensive with and substituted for

''civilian officers and employees of the United States . . .

including officers and employees of corporations wholly owned or

controlled by the United States''. Specific reference to officers

and members of the Metropolitan Police force of the District of

Columbia, the Fire Department of the District of Columbia, the

United States Park Police force, and the White House Police force,

as set forth in former section 2067, is omitted as unnecessary in

view of the provisions of paragraph (2)(A), (B). The exception for

''commissioned officers of the Public Health Service'' and

''commissioned officers of the Coast and Geodetic Survey'' in

former section 2061(b)(1)(E), (F) is omitted as unnecessary since

these officers are excluded by the definition of the word

''employee'' in section 2105.

In paragraph (2)(ix), the words ''as defined by section 901 of

title 20'' are added on authority of former section 2351, which

section is scheduled for transfer to section 901 of title 20.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 102(a)(3) of the Foreign Service Act of 1980, referred to

in par. (2)(xii), was redesignated section 102(3) of that Act by

Pub. L. 98-164, which struck out the designation ''(a)'' and struck

out subsec. (b) of section 102. Section 102 is classified to

section 3902 of Title 22, Foreign Relations and Intercourse.

Section 312 of the Foreign Service Act of 1980, referred to in

text, is classified to section 3952 of Title 22.

-MISC2-

AMENDMENTS

1991 - Par. (2)(v). Pub. L. 102-54 substituted ''Veterans Health

Administration of the Department of Veterans Affairs'' for

''Department of Medicine and Surgery, Veterans' Administration''.

1986 - Par. (2)(B). Pub. L. 99-335 amended subpar. (B) generally,

substituting ''first employed'' for ''employed'' and inserting

''before October 1, 1987''.

1980 - Pub. L. 96-465, Sec. 2312(a), inserted provision at end of

par. (2) extending definition of ''employee'' notwithstanding cls.

(x) to (xii) of par. (2).

Par. (2)(xii). Pub. L. 96-465, Sec. 2314(f)(1), substituted ''a

chief of mission (as defined in section 102(a)(3) of the Foreign

Service Act of 1980)'' for ''an officer who receives pay under

section 866 of title 22''.

1979 - Par. (2)(iv). Pub. L. 96-70 substituted ''Panama Canal

Commission'' for ''Canal Zone Government or the Panama Canal

Company''.

1978 - Par. (2)(xiii). Pub. L. 95-519 added cl. (xiii).

1970 - Par. (2)(ii). Pub. L. 91-375 struck out '', except an

hourly employee in the postal field service,'' after ''part-time

employee''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-519 effective beginning on first day of

first applicable pay period beginning on or after Oct. 25, 1978,

see section 4(a) of Pub. L. 95-519, set out as a note under section

5551 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-56, Sec. 1(a), Sept. 24, 1999, 113 Stat. 407,

provided that: ''This Act (amending section 6327 of this title and

renumbering another section 6327 of this title as section 6328) may

be cited as the 'Organ Donor Leave Act'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-388, Sec. 1, Oct. 22, 1994, 108 Stat. 4079, provided

that: ''This Act (amending section 6307 of this title) may be cited

as the 'Federal Employees Family Friendly Leave Act'.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-103, Sec. 1, Oct. 8, 1993, 107 Stat. 1022, provided

that: ''This Act (amending sections 6331, 6337, 6361, 6362, and

6373 of this title, enacting provisions set out as notes under

section 6331 of this title, and repealing provisions set out as a

note under section 6331 of this title) may be cited as the 'Federal

Employees Leave Sharing Amendments Act of 1993'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-566, Sec. 1, Oct. 31, 1988, 102 Stat. 2834, provided

that: ''This Act (enacting subchapters III and IV of this chapter,

amending sections 5724 and 8112 of this title, and enacting

provisions set out as notes under section 6331 of this title) may

be cited as the 'Federal Employees Leave Sharing Act of 1988'.''

EMPLOYEES OF THE DISTRICT OF COLUMBIA

Pub. L. 99-335, title II, Sec. 207(c)(2), as added by Pub. L.

99-556, title II, Sec. 201, Oct. 27, 1986, 100 Stat. 3135, provided

that: ''The amendment made by paragraph (1) (amending this section)

shall not result in the coverage, under subchapter I of chapter 63

of title 5, United States Code, of any individual (or class of

individuals) employed by the government of the District of Columbia

who would not have been covered under such subchapter if such

amendment had not been made.''

-EXEC-

EXECUTIVE ORDER NO. 10540

Ex. Ord. No. 10540, June 29, 1954, 19 F.R. 3983, which related to

the designation of certain officers as exempt from the Annual and

Sick Leave Act of 1951, was revoked by section 2-201 of Ex. Ord.

No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5551, 6302, 6305, 6306,

6308, 6325, 6331, 6361, 6381, 8339 of this title.

-CITE-

5 USC Sec. 6302 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6302. General provisions

-STATUTE-

(a) The days of leave provided by this subchapter are days on

which an employee would otherwise work and receive pay and are

exclusive of holidays and nonworkdays established by Federal

statute, Executive order, or administrative order.

(b) For the purpose of this subchapter an employee is deemed

employed for a full biweekly pay period if he is employed during

the days within that period, exclusive of holidays and nonworkdays

established by Federal statute, Executive order, or administrative

order, which fall within his basic administrative workweek.

(c) A part-time employee, unless otherwise excepted, is entitled

to the benefits provided by subsection (d) of this section and

sections 6303, 6304(a), (b), 6305(a), 6307, and 6310 of this title

on a pro rata basis.

(d) The annual leave provided by this subchapter, including

annual leave that will accrue to an employee during the year, may

be granted at any time during the year as the head of the agency

concerned may prescribe.

(e) If an officer excepted from this subchapter by section

6301(2)(x)-(xiii) of this title, without a break in service, again

becomes subject to this subchapter on completion of his service as

an excepted officer, the unused annual and sick leave standing to

his credit when he was excepted from this subchapter is deemed to

have remained to his credit.

(f) An employee who uses excess annual leave credited because of

administrative error may elect to refund the amount received for

the days of excess leave by lump-sum or installment payments or to

have the excess leave carried forward as a charge against

later-accruing annual leave, unless repayment is waived under

section 5584 of this title.

(g) An employee who is being involuntarily separated from an

agency due to a reduction in force or transfer of function under

subchapter I of chapter 35 or section 3595 may elect to use annual

leave to the employee's credit to remain on the agency's rolls

after the date the employee would otherwise have been separated if,

and only to the extent that, such additional time in a pay status

will enable the employee to qualify for an immediate annuity under

section 8336, 8412, 8414, or to qualify to carry health benefits

coverage into retirement under section 8905(b).

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517; Pub. L. 93-181, Sec.

4, Dec. 14, 1973, 87 Stat. 706; Pub. L. 95-519, Sec. 2, Oct. 25,

1978, 92 Stat. 1819; Pub. L. 104-208, div. A, title I, Sec. 101(f)

(title VI, Sec. 634), Sept. 30, 1996, 110 Stat. 3009-314, 3009-363;

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 653), Oct.

21, 1998, 112 Stat. 2681-480, 2681-528.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a)-(c) 5 U.S.C. 2064 (less Oct. 30, 1951, ch.

(d), (e)). 631, Sec. 205 (less

(d)), 65 Stat. 681.

(d) 5 U.S.C. 2062(h). Oct. 30, 1951, ch.

631, Sec. 203(h),

65 Stat. 681.

(e) 5 U.S.C. 2061a(b). July 2, 1953, ch.

178, Sec. 2(b), 67

Stat. 137.

-------------------------------

In subsection (d), the words ''the head of the agency concerned''

are substituted for ''the heads of the various departments and

independent establishments''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (g). Pub. L. 105-277 inserted ''or section 3595''

after ''chapter 35''.

1996 - Subsec. (g). Pub. L. 104-208 added subsec. (g).

1978 - Subsec. (e). Pub. L. 95-519 substituted

''6301(2)(x)-(xiii)'' for ''6301(2)(x)-(xii)''.

1973 - Subsec. (f). Pub. L. 93-181 added subsec. (f).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-519 effective beginning on first day of

first applicable pay period beginning on or after Oct. 25, 1978,

see section 4(a) of Pub. L. 95-519, set out as a note under section

5551 of this title.

TEMPORARY AUTHORITY TO TRANSFER LEAVE

Pub. L. 101-237, title II, Sec. 206(b)(2), Dec. 18, 1989, 103

Stat. 2068, provided that: ''The authority of the Department of

Veterans Affairs under section 618 of the Treasury, Postal Service

and General Government Appropriations Act, 1989 (Pub. L. 100-440,

set out below), to operate a leave-transfer program for employees

subject to section 4108 of title 38, United States Code, is

extended until the programs provided for in subsection (e) of such

section 4108 (as added by subsection (a) of this section) are

implemented, but not later than October 1, 1990.''

Similar provisions were contained in the following acts:

Pub. L. 101-144, title V, Sec. 518, Nov. 9, 1989, 103 Stat. 874.

Pub. L. 101-110, Sec. 1(d), Oct. 6, 1989, 103 Stat. 682.

Pub. L. 100-440, title VI, Sec. 618, Sept. 22, 1988, 102 Stat.

1755, provided that: ''In order to ensure that the experimental use

of voluntary leave transfers established under Public Laws 99-500,

99-591 (Pub. L. 99-500, Sec. 101(m) (title VII), Oct. 18, 1986, 100

Stat. 1783-308, 1783-334, and Pub. L. 99-591, Sec. 101(m) (title

VII), Oct. 30, 1986, 100 Stat. 3341-308, 3341-334), and 100-202

(Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 625), Dec. 22, 1987,

101 Stat. 1329-390, 1329-430) may continue and may cover additional

employees in fiscal year 1989, the Office of Personnel Management

may continue to operate by regulation, notwithstanding chapter 63

of title 5, United States Code, a program under which the unused

accrued annual leave of officers or employees of the Federal

Government may be transferred for use by other officers or

employees who need such leave due to a personal emergency as

defined in the regulations. The Office may provide by regulation

for such exceptions from the provisions of section 7351 of title 5

as the Office may determine appropriate for the transfer of leave

under this section. The Veterans' Administration may operate a

similar program for employees subject to section 4108 of title 38,

United States Code. The programs operated under this section shall

expire at the end of fiscal year 1989, but any leave that has been

transferred to an officer or employee under the programs shall

remain available for use until the personal emergency has ended,

and any remaining unused transferred leave shall, to the extent

administratively feasible, be restored to the leave accounts of the

officers or employees from whose accounts it was originally

transferred.''

Similar provisions were contained in the following prior

appropriations act:

Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 625), Dec. 22, 1987,

101 Stat. 1329-390, 1329-430.

For provisions ratifying any actions of the Secretary of Veterans

Affairs in carrying out section 618 of Pub. L. 100-440, set out

above, during the period Dec. 1, 1989, to Dec. 18, 1989, see

section 604 of Pub. L. 101-237, set out as a note under section

1720B of Title 38, Veterans' Benefits. Similar provisions for the

period Oct. 1, 1989, to Oct. 6, 1989, were contained in section

3(b) of Pub. L. 101-110, set out as a note under section 1720B of

Title 38.

-CITE-

5 USC Sec. 6303 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6303. Annual leave; accrual

-STATUTE-

(a) An employee is entitled to annual leave with pay which

accrues as follows -

(1) one-half day for each full biweekly pay period for an

employee with less than 3 years of service;

(2) three-fourths day for each full biweekly pay period, except

that the accrual for the last full biweekly pay period in the

year is one and one-fourth days, for an employee with 3 but less

than 15 years of service; and

(3) one day for each full biweekly pay period for an employee

with 15 or more years of service.

In determining years of service, an employee is entitled to credit

for all service of a type that would be creditable under section

8332, regardless of whether or not the employee is covered by

subchapter III of chapter 83. However, an employee who is a retired

member of a uniformed service as defined by section 3501 of this

title is entitled to credit for active military service only if -

(A) his retirement was based on disability -

(i) resulting from injury or disease received in line of duty

as a direct result of armed conflict; or

(ii) caused by an instrumentality of war and incurred in line

of duty during a period of war as defined by sections 101 and

1101 of title 38;

(B) that service was performed in the armed forces during a

war, or in a campaign or expedition for which a campaign badge

has been authorized; or

(C) on November 30, 1964, he was employed in a position to

which this subchapter applies and thereafter he continued to be

so employed without a break in service of more than 30 days.

The determination of years of service may be made on the basis of

an affidavit of the employee. Leave provided by this subchapter

accrues to an employee who is not paid on the basis of biweekly pay

periods on the same basis as it would accrue if the employee were

paid on the basis of biweekly pay periods.

(b) Notwithstanding subsection (a) of this section, an employee

whose current employment is limited to less than 90 days is

entitled to annual leave under this subchapter only after being

currently employed for a continuous period of 90 days under

successive appointments without a break in service. After

completing the 90-day period, the employee is entitled to be

credited with the leave that would have accrued to him under

subsection (a) of this section except for this subsection.

(c) A change in the rate of accrual of annual leave by an

employee under this section takes effect at the beginning of the

pay period after the pay period, or corresponding period for an

employee who is not paid on the basis of biweekly pay periods, in

which the employee completed the prescribed period of service.

(d) Leave granted under this subchapter is exclusive of time

actually and necessarily occupied in going to or from a post of

duty and time necessarily occupied awaiting transportation, in the

case of an employee -

(1) to whom section 6304(b) of this title applies;

(2) whose post of duty is outside the United States; and

(3) who returns on leave to the United States, or to his place

of residence, which is outside the area of employment, in its

territories or possessions including the Commonwealth of Puerto

Rico.

This subsection does not apply to more than one period of leave in

a prescribed tour of duty at a post outside the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 518; Pub. L. 93-181, Sec.

2, Dec. 14, 1973, 87 Stat. 705; Pub. L. 99-335, title II, Sec.

207(d), June 6, 1986, 100 Stat. 595; Pub. L. 102-83, Sec. 5(c)(2),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-378, Sec. 2(52), Oct. 2,

1992, 106 Stat. 1353.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2062(a), Oct. 30, 1951, ch.

(b), (e), (i). 631, Sec. 203(a),

(b), (e), (i), 65

Stat. 679-681.

Sept. 6, 1960, Pub.

L. 86-707, Sec. 401

''(e)'', 74 Stat.

799.

Aug. 19, 1964, Pub.

L. 88-448, Sec.

203, 78 Stat. 487.

5 U.S.C. 3101 (as Aug. 19, 1964, Pub.

applicable to 5 L. 88-448, Sec. 101

U.S.C. 2062(a)). (as applicable to

Sec. 203), 78 Stat.

484.

-------------------------------

In subsection (a), the words ''Except as otherwise provided in

this subsection'' are omitted as unnecessary in view of the

specific inclusion of the exception in the third sentence. The

words ''for the purposes of this subsection'' are omitted as

surplusage. The reference to ''section 8332 of this title for the

purpose of an annuity under subchapter III of chapter 83 of this

title'' is substituted for ''section 3 of the Civil Service

Retirement Act for the purposes of an annuity under such Act to

reflect the codification of that Act in this title. In paragraph

(B), the words ''on November 30, 1964, he was employed in a

position to which this subchapter applies and thereafter he

continued to be so employed'' are substituted for ''immediately

prior to the effective date of this sentence he was employed in a

civilian office to which this Act applies and, on and after such

date, he continued to be employed in any such office''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-378 amended second sentence

generally. Prior to amendment, second sentence read as follows:

''In determining years of service, an employee is entitled to

credit for all service creditable under section 8332 of this title

for the purpose of an annuity under subchapter III of chapter 83 of

this title and all service creditable under section 8411 of this

title for the purpose of chapter 84 of this title.''

1991 - Subsec. (a)(A)(ii). Pub. L. 102-83 substituted reference

to section 1101 of title 38 for reference to section 301 of title

38.

1986 - Subsec. (a). Pub. L. 99-335 inserted ''and all service

creditable under section 8411 of this title for the purpose of

chapter 84 of this title'' at end of second sentence.

1973 - Subsec. (b). Pub. L. 93-181 substituted ''an employee

whose current employment is limited to less than 90 days is

entitled'' and ''under successive appointments'' for ''an employee

is entitled'' and ''under one or more appointments'' respectively.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 9 of Pub. L. 102-378 provided that:

''(a) In General. - Except as otherwise provided in this section,

this Act and the amendments made by this Act (see Tables for

classification) shall take effect as of the date of enactment of

this Act (Oct. 2, 1992).

''(b) Exceptions. - (1) The amendment made by section 4(c)

(amending provisions set out as a note under section 31-2 of Title

2, The Congress) shall be effective as of December 31, 1991.

''(2) The amendments made by section 5(d) (amending section 8440d

of this title) shall be effective as of December 9, 1991.

''(3) The amendments made by sections 2(13) and 2(17) (amending

section 4109 of this title and repealing section 3342 of this

title) shall be effective as of October 1, 1991.

''(4) The amendments made by sections 2(11), 2(19), 2(29), and

2(38) (amending sections 3324, 4505a, 5332, and 5403 of this title)

shall be effective as of May 4, 1991.

''(5) The amendments made by section 2(25) (amending section 5302

of this title) shall be effective as of February 3, 1991.

''(6) The provisions of section 8(a) and the amendments made by

sections 2(57)(A), 2(60), 2(64), 2(67), 2(71), 2(75)(A), 3(1),

3(4), 3(6), and 5(a) (amending sections 5532, 8331, 8335, 8344,

8347, 8425, 8461, 8468, and 8901 of this title, repealing section

5380 of this title, enacting provisions set out as a note under

section 5532 of this title, amending provisions set out as notes

under sections 2105, 5304, 5305, 5378, and 8348 of this title, and

repealing provisions set out as notes under sections 5380 and 5532

of this title) shall be effective as of November 5, 1990.

''(7) The amendment made by section 2(52) (amending this section)

shall be effective as of January 1, 1989, except that no amount

shall become payable, as a result of the enactment of such

amendment, under -

''(A) subchapter VI of chapter 55 of title 5, United States

Code, based on a separation that takes effect or an election that

is made before the date of enactment of this Act (Oct. 2, 1992);

or

''(B) section 5551(b) of title 5, United States Code, which is

attributable to an individual's being excepted from subchapter I

of chapter 63 of such title before the date of enactment of this

Act.

''(8) The amendment made by section 2(69) (amending section 8440

of this title) shall be effective as of November 10, 1988.

''(9) The amendments made by sections 2(40), 2(41), 2(42), 2(43),

and 3(5) (amending sections 5541, 5542, 5544, and 5547 of this

title and provisions set out as a note under section 5305 of this

title) shall be effective as of the first day of the first

applicable pay period beginning on or after the date of enactment

of this Act (Oct. 2, 1992).

''(10) The amendments made by section 2(28) (amending section

5314 of this title) shall be effective as of the first day of the

first applicable pay period beginning on or after November 5, 1990.

''(11) The amendment made by section 2(49) (amending section 5724

of this title) shall apply with respect to a separation that takes

effect on or after the date of enactment of this Act (Oct. 2,

1992).

''(12) The amendment made by section 5(e) (amending section 1441a

of Title 12, Banks and Banking) shall apply with respect to any

action (described in subclause (I) or (II) of the provisions struck

by such amendment) occurring on or after the date of enactment of

this Act (Oct. 2, 1992).''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6129, 6302, 6304, 6305,

6312, 6333, 6367 of this title; title 7 section 7657; title 42

section 237.

-CITE-

5 USC Sec. 6304 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6304. Annual leave; accumulation

-STATUTE-

(a) Except as provided by subsections (b), (d), (e), (f), and (g)

of this section, annual leave provided by section 6303 of this

title, which is not used by an employee, accumulates for use in

succeeding years until it totals not more than 30 days at the

beginning of the first full biweekly pay period, or corresponding

period for an employee who is not paid on the basis of biweekly pay

periods, occurring in a year.

(b) Annual leave not used by an employee of the Government of the

United States in one of the following classes of employees

stationed outside the United States accumulates for use in

succeeding years until it totals not more than 45 days at the

beginning of the first full biweekly pay period, or corresponding

period for an employee who is not paid on the basis of biweekly pay

periods, occurring in a year:

(1) Individuals directly recruited or transferred by the

Government of the United States from the United States or its

territories or possessions including the Commonwealth of Puerto

Rico for employment outside the area of recruitment or from which

transferred.

(2) Individuals employed locally but -

(A)(i) who were originally recruited from the United States

or its territories or possessions including the Commonwealth of

Puerto Rico but outside the area of employment;

(ii) who have been in substantially continuous employment by

other agencies of the United States, United States firms,

interests, or organizations, international organizations in

which the United States participates, or foreign governments;

and

(iii) whose conditions of employment provide for their return

transportation to the United States or its territories or

possessions including the Commonwealth of Puerto Rico; or

(B)(i) who were at the time of employment temporarily absent,

for the purpose of travel or formal study, from the United

States, or from their respective places of residence in its

territories or possessions including the Commonwealth of Puerto

Rico; and

(ii) who, during the temporary absence, have maintained

residence in the United States or its territories or

possessions including the Commonwealth of Puerto Rico but

outside the area of employment.

(3) Individuals who are not normally residents of the area

concerned and who are discharged from service in the armed forces

to accept employment with an agency of the Government of the

United States.

(c) Annual leave in excess of the amount allowable -

(1) under subsection (a) or (b) of this section which was

accumulated under earlier statute; or

(2) under subsection (a) of this section which was accumulated

under subsection (b) of this section by an employee who becomes

subject to subsection (a) of this section;

remains to the credit of the employee until used. The excess

annual leave is reduced at the beginning of the first full biweekly

pay period, or corresponding period for an employee who is not paid

on the basis of biweekly pay periods, occurring in a year, by the

amount of annual leave the employee used during the preceding year

in excess of the amount which accrued during that year, until the

employee's accumulated leave does not exceed the amount allowed

under subsection (a) or (b) of this section, as appropriate.

(d)(1) Annual leave which is lost by operation of this section

because of -

(A) administrative error when the error causes a loss of annual

leave otherwise accruable after June 30, 1960;

(B) exigencies of the public business when the annual leave was

scheduled in advance; or

(C) sickness of the employee when the annual leave was

scheduled in advance;

shall be restored to the employee.

(2) Annual leave restored under paragraph (1) of this subsection,

or under clause (2) of section 5562(a) of this title, which is in

excess of the maximum leave accumulation permitted by law shall be

credited to a separate leave account for the employee and shall be

available for use by the employee within the time limits prescribed

by regulations of the Office of Personnel Management. Leave

credited under this paragraph but unused and still available to the

employee under the regulations prescribed by the Office shall be

included in the lump-sum payment under section 5551 or 5552(1) of

this title but may not be retained to the credit of the employee

under section 5552(2) of this title.

(3)(A) For the purpose of this subsection, the closure of, and

any realignment with respect to, an installation of the Department

of Defense pursuant to the Defense Base Closure and Realignment Act

of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note) during any period, the closure of an installation of the

Department of Defense in the Republic of Panama in accordance with

the Panama Canal Treaty of 1977, and the closure of any other

installation of the Department of Defense, during the period

beginning on October 1, 1992, and ending on December 31, 1997,

shall be deemed to create an exigency of the public business and

any leave that is lost by an employee of such installation by

operation of this section (regardless of whether such leave was

scheduled) shall be restored to the employee and shall be credited

and available in accordance with paragraph (2).

(B) For the purpose of subparagraph (A), the term ''realignment''

means a base realignment (as defined in subsection (e)(3) of

section 2687 of title 10) that meets the requirements of subsection

(a)(2) of such section.

(4)(A) For the purpose of this subsection, service of a

Department of Defense emergency essential employee in a combat zone

is an exigency of the public business for that employee. Any leave

that, by reason of such service, is lost by the employee by

operation of this section (regardless of whether such leave was

scheduled) shall be restored to the employee and shall be credited

and available in accordance with paragraph (2).

(B) As used in subparagraph (A) -

(i) the term ''Department of Defense emergency essential

employee'' means an employee of the Department of Defense who is

designated under section 1580 of title 10 as an emergency

essential employee; and

(ii) the term ''combat zone'' has the meaning given such term

in section 112(c)(2) of the Internal Revenue Code of 1986.

(e) Annual leave otherwise accruable after June 30, 1960, which

is lost by operation of this section because of administrative

error and which is not credited under subsection (d)(2) of this

section because the employee is separated before the error is

discovered, is subject to credit and liquidation by lump-sum

payment only if a claim therefor is filed within 3 years

immediately following the date of discovery of the error. Payment

shall be made by the agency of employment when the lump-sum payment

provisions of section 5551 of this title last became applicable to

the employee at the rate of basic pay in effect on the date the

lump-sum provisions became applicable.

(f)(1) This subsection applies with respect to annual leave

accrued by an individual while serving in a position in -

(A) the Senior Executive Service;

(B) the Senior Foreign Service;

(C) the Defense Intelligence Senior Executive Service;

(D) the Senior Cryptologic Executive Service; or

(E) the Federal Bureau of Investigation and Drug Enforcement

Administration Senior Executive Service.

(2) For purposes of applying any limitation on accumulation under

this section with respect to any annual leave described in

paragraph (1) -

(A) ''30 days'' in subsection (a) shall be deemed to read ''90

days''; and

(B) ''45 days'' in subsection (b) shall be deemed to read ''90

days''.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 519; Pub. L. 93-181, Sec.

3, Dec. 14, 1973, 87 Stat. 705; Pub. L. 95-454, title IV, Sec. 410,

title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1173, 1224;

Pub. L. 96-54, Sec. 2(a)(39), Aug. 14, 1979, 93 Stat. 383; Pub. L.

96-465, title II, Sec. 2312(b), Oct. 17, 1980, 94 Stat. 2166; Pub.

L. 97-89, title VIII, Sec. 802, Dec. 4, 1981, 95 Stat. 1161; Pub.

L. 100-325, Sec. 2(k), May 30, 1988, 102 Stat. 582; Pub. L.

102-378, Sec. 2(53), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 102-484,

div. D, title XLIV, Sec. 4434, Oct. 23, 1992, 106 Stat. 2722; Pub.

L. 103-337, div. A, title III, Sec. 341(c), div. B, title XXVIII,

Sec. 2816(a), Oct. 5, 1994, 108 Stat. 2720, 3056; Pub. L. 103-356,

title II, Sec. 201(a), Oct. 13, 1994, 108 Stat. 3411; Pub. L.

105-261, div. A, title XI, Sec. 1105, Oct. 17, 1998, 112 Stat.

2142; Pub. L. 106-65, div. A, title XI, Sec. 1103(a), Oct. 5,

1999, 113 Stat. 776.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 2062(c). Oct. 30, 1951, ch.

631, Sec. 203(c),

65 Stat. 680. July

2, 1953, ch. 178,

Sec. 3(a), 67 Stat.

137.

(b) 5 U.S.C. 2602(d). Oct. 30, 1951, ch.

631, Sec. 203(d),

65 Stat. 680. July

2, 1953, ch. 178,

Sec. 3(b), 67 Stat.

137.

Sept. 6, 1960, Pub.

L. 86-707, Sec. 401

''(d)'', 74 Stat.

799.

(c) 5 U.S.C. 2066(a). Oct. 30, 1951, ch.

631, Sec. 208(a),

65 Stat. 682.

July 2, 1953, ch.

178, Sec. 3(c), 67

Stat. 137.

-------------------------------

The words ''Except as provided by subsection (b) of this

section'' are added to subsection (a), and the words

''Notwithstanding the provisions of subsection (c)'' in former

section 2062(d) are omitted as unnecessary because of the exception

added to subsection (a).

The words ''full biweekly pay period'' are substituted for

''complete biweekly pay period'' to conform to section 6303.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

The Defense Base Closure and Realignment Act of 1990, referred to

in subsec. (d)(3)(A), is part A of title XXIX of div. B of Pub. L.

101-510, Nov. 5, 1990, 104 Stat. 1808, as amended, which is set out

as a note under section 2687 of Title 10, Armed Forces. For

complete classification of this Act to the Code, see Tables.

Section 112(c)(2) of the Internal Revenue Code of 1986, referred

to in subsec. (d)(4)(B)(ii), is classified to section 112(c)(2) of

Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

1999 - Subsec. (d)(4). Pub. L. 106-65 added par. (4).

1998 - Subsec. (d)(3)(A). Pub. L. 105-261 inserted ''the closure

of an installation of the Department of Defense in the Republic of

Panama in accordance with the Panama Canal Treaty of 1977,'' after

''2687 note) during any period,''.

1994 - Subsec. (d)(3). Pub. L. 103-337, Sec. 2816(a), designated

existing provisions as subpar. (A), substituted ''closure of, and

any realignment with respect to,'' for ''closure of'', and added

subpar. (B).

Pub. L. 103-337, Sec. 341(c), substituted ''the closure of an

installation of the Department of Defense pursuant to the Defense

Base Closure and Realignment Act of 1990 (part A of title XXIX of

Public Law 101-510; 10 U.S.C. 2687 note) during any period, and the

closure of any other installation'' for ''the closure of an

installation''.

Subsec. (f). Pub. L. 103-356 amended subsec. (f) generally.

Prior to amendment, subsec. (f) read as follows: ''Annual leave

accrued shall not be subject to the limitation on accumulation

otherwise imposed by this section if such leave is accrued by an

individual while serving in a position in -

''(1) the Senior Executive Service;

''(2) the Senior Foreign Service;

''(3) the Defense Intelligence Senior Executive Service;

''(4) the Senior Cryptologic Executive Service; or

''(5) the Federal Bureau of Investigation and Drug Enforcement

Administration Senior Executive Service.''

1992 - Subsec. (d)(3). Pub. L. 102-484 added par. (3).

Subsec. (e). Pub. L. 102-378 substituted ''date'' for ''date of''

in last sentence.

1988 - Subsec. (f)(5). Pub. L. 100-325 added par. (5).

1981 - Subsec. (f). Pub. L. 97-89 amended subsec. (f) generally,

transferring from former subsec. (g) provisions excepting from the

limitation on accumulation otherwise imposed by this section any

annual leave accrued by members of the Senior Foreign Service and

inserting provisions relating to annual leave accrued by

individuals while serving in positions in the Defense Intelligence

Senior Executive Service or the Senior Cryptologic Executive

Service.

Subsec. (g). Pub. L. 97-89 struck out subsec. (g). Provisions

formerly set out in subsec. (g), relating to annual leave accrued

by members of the Senior Foreign service, were incorporated in

subsec. (f).

1980 - Subsec. (a). Pub. L. 96-465, Sec. 2312(b)(1), inserted

reference to subsec. (g).

Subsec. (g). Pub. L. 96-465, Sec. 2312(b)(2), added subsec. (g).

1979 - Subsec. (e). Pub. L. 96-54 substituted ''rate of basic

pay'' for ''salary rate''.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 410(1), inserted

reference to subsec. (f).

Subsec. (d)(2). Pub. L. 95-454, Sec. 906(a)(2), (3), substituted

''Office of Personnel Management'' and ''Office'' for ''Civil

Service Commission'' and ''Commission'', respectively.

Subsec. (f). Pub. L. 95-454, Sec. 410(2), added subsec. (f).

1973 - Subsec. (a). Pub. L. 93-181, Sec. 3(1), substituted

''subsections (b), (d), and (e) of this section'' for ''subsection

(b) of this section''.

Subsecs. (d), (e). Pub. L. 93-181, Sec. 3(2), added subsecs. (d)

and (e).

EFFECTIVE DATE OF 1994 AMENDMENTS

Section 201(a) of Pub. L. 103-356 provided that the amendment

made by that section is effective on the first day of the first

applicable pay period beginning after Oct. 13, 1994.

Section 2816(b) of Pub. L. 103-337 provided that: ''The

amendments made by subsection (a) (amending this section) shall

apply only with respect to the restoration of annual leave of

employees at military installations undergoing realignment if such

leave is lost by operation of section 6304 of title 5, United

States Code, on or after the date of the enactment of this Act

(Oct. 5, 1994).''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section

806 of Pub. L. 97-89, set out as an Effective Date note under

section 1621 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 410 of Pub. L. 95-454 effective 9 months

after Oct. 13, 1978, and congressional review of provisions of

sections 401 through 412 of Pub. L. 95-454, see section 415 of Pub.

L. 95-454, set out as an Effective Date note under section 3131 of

this title.

Amendment by section 906(a)(2), (3) of Pub. L. 95-454 effective

90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set

out as an Effective Date of 1978 Amendment note under section 1101

of this title.

USE OF EXCESS LEAVE

Section 201(b) of Pub. L. 103-356 provided that:

''Notwithstanding the amendment made by subsection (a) (amending

this section), in the case of an employee who, on the effective

date of subsection (a) (see Effective Date of 1994 Amendments note

above), is subject to subsection (f) of section 6304 of title 5,

United States Code, and who has to such employee's credit annual

leave in excess of the maximum accumulation otherwise permitted by

subsection (a) or (b) of section 6304 (determined applying the

amendment made by subsection (a)), such excess annual leave shall

remain to the credit of the employee and be subject to reduction,

in the same manner as provided in subsection (c) of section 6304.''

LUMP-SUM PAYMENT FOR ACCRUED ANNUAL LEAVE TO FORMER EMPLOYEES

Section 5 of Pub. L. 93-181 provided that where former employees

(other than former employees of Post Office Department or United

States Postal Service) had accrued annual leave after June 30,

1960, but had not been on the rolls on Dec. 14, 1973, and where

annual leave thus accrued had been lost because of administrative

error, such accrued annual leave was subject to credit and

liquidation by lump-sum payment but only if a claim therefor was

filed within three years after Dec. 14, 1973, with agency by which

the employees had been employed when lump-sum payment provision of

section 5551 of this title had last become applicable to them.

Section 6 of Pub. L. 93-181 provided that where former employees

of Post Office Department or United States Postal Service with

prior civilian service with Post Office Department or other Federal

agency had accrued annual leave after June 30, 1960, and before

July 1, 1971, but had not on the rolls on Dec. 14, 1973, and where

annual leave thus accrued had been lost because of administrative

error, such accrued annual leave was subject to credit and

liquidation by lump-sum payment, but only if a claim therefor was

filed within three years after Dec. 14, 1973, with Postal Service,

at salary rate in effect on date these employees had been employed

when lump-sum payment provision of section 5551 of this title or

comparable provisions of regulations of Postal Service had last

become applicable to them. With respect to present employees of

Postal Service who had prior Federal civilian service with Post

Office Department or other Federal agency, annual leave which had

accrued after June 30, 1960, and before July 1, 1971, but, because

of administrative error had been lost, was subject to credit and

liquidation by lump-sum payment only if a claim therefor was filed

within three years of Dec. 14, 1973, with Postal Service, at salary

rate in effect on Dec. 14, 1973.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5551, 5562, 6129, 6302,

6303, 6305, 6333, 6334, 6365, 6367 of this title; title 2 section

2048; title 10 section 1606.

-CITE-

5 USC Sec. 6305 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6305. Home leave; leave for Chiefs of Missions; leave for

crews of vessels

-STATUTE-

(a) After 24 months of continuous service outside the United

States (or after a shorter period of such service if the employee's

assignment is terminated for the convenience of the Government), an

employee may be granted leave of absence, under regulations of the

President, at a rate not to exceed 1 week for each 4 months of that

service without regard to other leave provided by this subchapter.

Leave so granted -

(1) is for use in the United States, or if the employee's place

of residence is outside the area of employment, in its

territories or possessions including the Commonwealth of Puerto

Rico;

(2) accumulates for future use without regard to the limitation

in section 6304(b) of this title; and

(3) may not be made the basis for terminal leave or for a

lump-sum payment.

(b) The President may authorize leave of absence to a chief of

mission excepted from this subchapter by section 6301(2)(xii) of

this title for use in the United States and its territories or

possessions. Leave so authorized does not constitute a leave

system and may not be made the basis for a lump-sum payment.

(c) An officer, crewmember, or other employee serving aboard an

oceangoing vessel on an extended voyage may be granted leave of

absence, under regulations of the Office of Personnel Management,

at a rate not to exceed 2 days for each 30 calendar days of that

service without regard to other leave provided by this subchapter.

Leave so granted -

(1) accumulates for future use without regard to the limitation

in section 6304(b) of this title;

(2) may not be made the basis for a lump-sum payment, except

that civil service mariners of the Military Sealift Command on

temporary promotion aboard ship may be paid the difference

between their temporary and permanent rates of pay for leave

accrued under this section and section 6303 and not otherwise

used during the temporary promotion upon the expiration or

termination of the temporary promotion; and

(3) may not be made the basis for terminal leave except under

such special or emergency circumstances as may be prescribed

under the regulations of the Office.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 89-747, Sec.

1(1), (2), Nov. 2, 1966, 80 Stat. 1179; Pub. L. 90-623, Sec. 1(16),

Oct. 22, 1968, 82 Stat. 1313; Pub. L. 95-454, title IX, Sec.

906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Sec.

2(a)(15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-465, title II,

Sec. 2312(c), 2314(f)(2), Oct. 17, 1980, 94 Stat. 2167, 2168; Pub.

L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1133), Oct. 30, 2000,

114 Stat. 1654, 1654A-318.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 2062(f). Oct. 30, 1951, ch.

631, Sec. 203(f),

65 Stat. 680.

Sept. 6, 1960, Pub.

L. 86-707, Sec. 401

''(f)'', 74 Stat.

799.

(b) 5 U.S.C. 2061(c)(2). July 2, 1953, ch.

178, Sec. 1

''(c)(2)'', 67

Stat. 136.

-------------------------------

The words ''in his discretion'' are omitted as unnecessary in

view of the permissive grant of authority.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

2000 - Subsec. (c)(2). Pub. L. 106-398 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''may not

be made the basis for a lump-sum payment; and''.

1980 - Subsec. (a). Pub. L. 96-465, Sec. 2312(c), inserted ''(or

after a shorter period of such service if the employee's assignment

is terminated for the convenience of the Government)'' after

''outside the United States''.

Subsec. (b). Pub. L. 96-465, Sec. 2314(f)(2), substituted ''a

chief of mission'' for ''an officer'' after ''leave of absence

to''.

1979 - Subsec. (c)(3). Pub. L. 96-54 substituted ''Office'' for

''Commission''.

1978 - Subsec. (c). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

1968 - Subsec. (c). Pub. L. 90-623 substituted ''2'' and ''30''

for ''two'' and ''thirty'', respectively.

1966 - Pub. L. 89-747 added subsec. (c) and inserted reference to

leave for crews of vessels in section catchline.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) of this section

delegated to Office of Personnel Management, see section 1(2) of

Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note

under section 301 of Title 3, The President.

-EXEC-

EX. ORD. NO. 10471. AUTHORIZATION TO GRANT LEAVES OF ABSENCE

Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by

Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:

1. The heads of the several departments and agencies of the

Government are hereby authorized and empowered, without the

approval, ratification, or other action of the President, to

exercise, with respect to personnel in their respective department

or agency, the authority conferred upon the President by section

6305(b) of title 5 of the United States Code, to authorize leaves

of absence in accordance with the said section 6305(b) to persons

who receive compensation in accordance with section 401 of the

Foreign Service Act of 1980 (22 U.S.C. 3961).

2. This order shall be effective as of July 5, 1953.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6302 of this title; title

22 section 4083.

-CITE-

5 USC Sec. 6306 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6306. Annual leave; refund of lump-sum payment; recredit of

annual leave

-STATUTE-

(a) When an individual who received a lump-sum payment for leave

under section 5551 of this title is reemployed before the end of

the period covered by the lump-sum payment in or under the

Government of the United States or the government of the District

of Columbia, except in a position excepted from this subchapter by

section 6301(2)(ii), (iii), (vi), or (vii) of this title, he shall

refund to the employing agency an amount equal to the pay covering

the period between the date of reemployment and the expiration of

the lump-sum period.

(b) An amount refunded under subsection (a) of this section shall

be deposited in the Treasury of the United States to the credit of

the employing agency. When an individual is reemployed under the

same leave system, an amount of leave equal to the leave

represented by the refund shall be recredited to him in the

employing agency. When an individual is reemployed under a

different leave system, an amount of leave equal to the leave

represented by the refund shall be recredited to him in the

employing agency on an adjusted basis under regulations prescribed

by the Office of Personnel Management. When an individual is

reemployed in a position excepted from this subchapter by section

6301(2)(x)-(xiii) of this title, an amount of leave equal to the

leave represented by the refund is deemed, on separation from the

service, death, or transfer to another position in the service, to

have remained to his credit.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95-519,

Sec. 2, Oct. 25, 1978, 92 Stat. 1819.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 61b (3d-5th Dec. 21, 1944, ch.

sentences). 632, Sec. 1 (1st

proviso and so much

of last sentence as

precedes 2d

proviso), 58 Stat.

845.

July 2, 1953, ch.

178, Sec. 4(a) (2d-

4th sentences), 67

Stat. 137.

Aug. 18, 1959, Pub.

L. 86-168, Sec.

202(e), 73 Stat.

389.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-519 substituted

''6301(2)(x)-(xiii)'' for ''6301(2)(x)-(xii)''.

Pub. L. 95-454 substituted ''Office of Personnel Management'' for

''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-519 effective beginning on first day of

first applicable pay period beginning on or after Oct. 25, 1978,

see section 4(a) of Pub. L. 95-519, set out as a note under section

5551 of this title.

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6335, 6368 of this title;

title 20 section 4416; title 25 section 2012.

-CITE-

5 USC Sec. 6307 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6307. Sick leave; accrual and accumulation

-STATUTE-

(a) An employee is entitled to sick leave with pay which accrues

on the basis of one-half day for each full biweekly pay period,

except that sick leave with pay accrues to a member of the

Firefighting Division of the Fire Department of the District of

Columbia on the basis of two-fifths of a day for each full biweekly

pay period.

(b) Sick leave provided by this section, which is not used by an

employee, accumulates for use in succeeding years.

(c) Sick leave provided by this section may be used for purposes

relating to the adoption of a child.

(d) When required by the exigencies of the situation, a maximum

of 30 days sick leave with pay may be advanced for serious

disability or ailment, or for purposes relating to the adoption of

a child, except that a maximum of 24 days sick leave with pay may

be advanced to a member of the Firefighting Division of the Fire

Department of the District of Columbia.

(d)(1) (FOOTNOTE 1) For the purpose of this subsection, the term

''family member'' shall have such meaning as the Office of

Personnel Management shall by regulation prescribe, except that

such term shall include any individual who meets the definition

given that term, for purposes of the leave transfer program under

subchapter III, under regulations prescribed by the Office (as in

effect on January 1, 1993).

(FOOTNOTE 1) So in original. Probably should be ''(e)(1)''.

(2) Subject to paragraph (3) and in addition to any other

allowable purpose, sick leave may be used by an employee -

(A) to give care or otherwise attend to a family member having

an illness, injury, or other condition which, if an employee had

such condition, would justify the use of sick leave by such an

employee; or

(B) for purposes relating to the death of a family member,

including to make arrangements for or attend the funeral of such

family member.

(3)(A) Sick leave may be used by an employee for the purposes

provided under paragraph (2) only to the extent the amount used for

such purposes does not exceed -

(i) 40 hours in any year, plus

(ii) up to an additional 64 hours in any year, but only to the

extent the use of such additional hours does not cause the amount

of sick leave to the employee's credit to fall below 80 hours.

(B) In the case of a part-time employee or an employee on an

uncommon tour of duty, the Office of Personnel Management shall

establish limitations that are proportional to those prescribed

under subparagraph (A).

(4)(A) This subsection shall be effective during the 3-year

period that begins upon the expiration of the 2-month period that

begins on the date of the enactment of this subsection.

(B) Not later than 6 months before the date on which this

subsection is scheduled to cease to be effective, the Office shall

submit a report to Congress in which it shall evaluate the

operation of this subsection and make recommendations as to whether

or not this subsection should be continued beyond such date.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 103-329,

title VI, Sec. 629(b)(1), Sept. 30, 1994, 108 Stat. 2423; Pub. L.

103-388, Sec. 2, Oct. 22, 1994, 108 Stat. 4079.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2063. Oct. 30, 1951, ch.

631, Sec. 204, 65

Stat. 681. Aug. 21,

1964, Pub. L. 88-

471, Sec. 6(b), (c),

78 Stat. 583.

-------------------------------

The word ''officer'', referring to an officer of the Firefighting

Division, is omitted as covered by the words ''a member of the

Firefighting Division''.

In subsection (c), the words ''with pay'' are added for clarity.

Standard changes are made to conform with the definitions

applicable and style of this title as outlined in the preface to

the report.

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-329, Sec. 629(b)(1)(B), added

subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 103-388 added subsec. (d) relating to use of

sick leave for purposes relating to family member.

Pub. L. 103-329, Sec. 629(b)(1)(A), (C), redesignated subsec. (c)

as (d) and inserted ''or for purposes relating to the adoption of a

child,'' after ''ailment,''.

REGULATIONS

Section 629(b)(3) of Pub. L. 103-329 provided that:

''(3)(A) The Office of Personnel Management shall prescribe

regulations under which any employee who used or uses annual leave

for an adoption-related purpose, after September 30, 1991, and

before the date as of which sick leave first becomes available for

such purpose as a result of the enactment of this subsection may,

upon appropriate written application, elect to have such employee's

leave accounts adjusted to reflect the amount of annual leave and

sick leave, respectively, which would remain had sick leave been

used instead of all or any portion of the annual leave actually

used, as designated by the employee.

''(B) An application under this paragraph may not be approved

unless it is submitted -

''(i) within 1 year after the date of the enactment of this Act

(September 30, 1994) or such later date as the Office may

prescribe;

''(ii) in such form and manner as the Office shall require; and

''(iii) by an individual who is an employee as of the time of

application.

''(C) For the purpose of this paragraph, the term 'employee' has

the meaning given such term by section 6301(2) of title 5, United

States Code.''

ADOPTIONS DURING FISCAL YEAR 1991

Pub. L. 101-509, title V, Sec. 536, Nov. 5, 1990, 104 Stat. 1470,

for fiscal year 1991, authorized sick leave provided by section

6307 of this title to be approved for purposes related to the

adoption of a child.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6129, 6302 of this title.

-CITE-

5 USC Sec. 6308 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6308. Transfers between positions under different leave

systems

-STATUTE-

(a) The annual and sick leave to the credit of an employee who

transfers between positions under different leave systems without a

break in service shall be transferred to his credit in the

employing agency on an adjusted basis under regulations prescribed

by the Office of Personnel Management, unless the individual is

excepted from this subchapter by section 6301(2)(ii), (iii), (vi),

or (vii) of this title. However, when a former member receiving a

retirement annuity under sections 521-535 of title 4, District of

Columbia Code, is reemployed in a position to which this subchapter

applies, his sick leave balance may not be recredited to his

account on the later reemployment.

(b) The annual leave, sick leave, and home leave to the credit of

a nonappropriated fund employee of the Department of Defense or the

Coast Guard described in section 2105(c) who moves without a break

in service of more than 3 days to a position in the Department of

Defense or the Coast Guard, respectively, that is subject to this

subchapter shall be transferred to the employee's credit. The

annual leave, sick leave, and home leave to the credit of an

employee of the Department of Defense or the Coast Guard who is

subject to this subchapter and who moves without a break in service

of more than 3 days to a position under a nonappropriated fund

instrumentality of the Department of Defense or the Coast Guard,

respectively, described in section 2105(c), shall be transferred to

the employee's credit under the nonappropriated fund

instrumentality. The Secretary of Defense or the Secretary of

Transportation, as appropriate, may provide for a transfer of funds

in an amount equal to the value of the transferred annual leave to

compensate the gaining entity for the cost of a transfer of annual

leave under this subsection.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 521; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 101-508,

title VII, Sec. 7202(h), Nov. 5, 1990, 104 Stat. 1388-336.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2064(e). July 2, 1953, ch.

178, Sec. 4(b), 67

Stat. 138.

Aug. 18, 1959, Pub.

L. 86-168, Sec.

202(e), 73 Stat.

389.

Aug. 21, 1964, Pub.

L. 88-471, Sec.

6(d), 78 Stat. 583.

-------------------------------

In the last sentence, the word ''officer'' is omitted as covered

by the word ''member'', and the words ''sections 521-535 of title

4, District of Columbia Code'' are substituted for ''the Policemen

and Firemen's Retirement and Disability Act, as amended''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1990 - Pub. L. 101-508 designated existing provisions as subsec.

(a) and added subsec. (b).

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to any

individual who, on or after Jan. 1, 1987, moves from employment in

nonappropriated fund instrumentality of Department of Defense or

Coast Guard, that is described in section 2105(c) of this title, to

employment in Department or Coast Guard, that is not described in

section 2105(c), or who moves from employment in Department or

Coast Guard, that is not described in section 2105(c), to

employment in nonappropriated fund instrumentality of Department or

Coast Guard, that is described in section 2105(c), see section

7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

ELECTION OF LEAVE OR LUMP-SUM PAYMENT FOR CERTAIN EMPLOYEES

Pub. L. 102-484, div. A, title X, Sec. 1077, Oct. 23, 1992, 106

Stat. 2512, authorized an employee referred to in section 6308(b)

of this title, who made an employment move described in such

subsection after Dec. 31, 1986, and before Apr. 16, 1991, to elect

to repay the lump-sum payment received based on such employment

move in lieu of annual leave and have the annual leave recredited

to the employee's leave account, or to keep the lump-sum payment in

lieu of that annual leave.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5551, 6312 of this title.

-CITE-

5 USC Sec. 6309 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

(Sec. 6309. Repealed. Pub. L. 94-183, Sec. 2(26), Dec. 31, 1975, 89

Stat. 1058)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 521, related to

authorized leave of absence of a rural postal carrier which

occurred at beginning, during, or at end of a period of annual or

sick leave.

-CITE-

5 USC Sec. 6310 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6310. Leave of absence; aliens

-STATUTE-

The head of the agency concerned may grant leave of absence with

pay, not in excess of the amount of annual and sick leave allowable

to citizen employees under this subchapter, to alien employees who

occupy positions outside the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 521.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2062(g). Oct. 30, 1951, ch.

631, Sec. 203 (g),

65 Stat. 681. Sept.

6, 1960, Pub. L. 86-

707. Sec. 402(b), 74

Stat. 800.

-------------------------------

The words ''head of the agency concerned'' are substituted for

''head of the department or agency concerned''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6301, 6302, 6325 of this

title; title 22 section 3968.

-CITE-

5 USC Sec. 6311 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6311. Regulations

-STATUTE-

The Office of Personnel Management may prescribe regulations

necessary for the administration of this subchapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 521; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2065. Oct. 30, 1951, ch.

631, Sec. 206, 65

Stat. 681.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-CITE-

5 USC Sec. 6312 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER I - ANNUAL AND SICK LEAVE

-HEAD-

Sec. 6312. Accrual and accumulation for former ASCS county office

and nonappropriated fund employees

-STATUTE-

(a) Credit shall be given in determining years of service for the

purpose of section 6303(a) for -

(1) service as an employee of a county committee established

pursuant to section 8(b) of the Soil Conservation and Allotment

Act or of a committee or an association of producers described in

section 10(b) of the Agricultural Adjustment Act; and

(2) service under a nonappropriated fund instrumentality of the

Department of Defense or the Coast Guard described in section

2105(c) by an employee who has moved without a break in service

of more than 3 days to a position subject to this subchapter in

the Department of Defense or the Coast Guard, respectively.

(b) The provisions of subsections (a) and (b) of section 6308 for

transfer of leave between leave systems shall apply to the leave

systems established for such county office employees and employees

of such Department of Defense and Coast Guard nonappropriated fund

instrumentalities, respectively.

-SOURCE-

(Added Pub. L. 90-367, Sec. 2(a), June 29, 1968, 82 Stat. 277;

amended Pub. L. 90-623, Sec. 1(25), Oct. 22, 1968, 82 Stat. 1314;

Pub. L. 99-251, title III, Sec. 306(c), Feb. 27, 1986, 100 Stat.

27; Pub. L. 101-508, title VII, Sec. 7202(i)(1), Nov. 5, 1990, 104

Stat. 1388-337.)

-REFTEXT-

REFERENCES IN TEXT

Section 8(b) of the Soil Conservation and Allotment Act, referred

to in subsec. (a)(1), probably means section 8(b) of the Soil

Conservation and Domestic Allotment Act, which is classified to

section 590h(b) of Title 16, Conservation.

Section 10(b) of the Agricultural Adjustment Act, referred to in

subsec. (a)(1), is classified to section 610(b) of Title 7,

Agriculture.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-508 inserted ''and nonappropriated fund''

after ''office'' in section catchline and amended text generally.

Prior to amendment, text read as follows: ''Service rendered as an

employee of a county committee established pursuant to section

590h(b) of title 16, or of a committee or an association of

producers described in section 610(b) of title 7, shall be included

in determining years of service for the purpose of section 6303(a)

of this title. The provisions of section 6308 of this title for

transfer of annual and sick leave between leave systems shall apply

to the leave system established for such employees.''

1986 - Pub. L. 99-251 struck out ''in the case of any officer or

employee in or under the Department of Agriculture'' at end of

first sentence.

1968 - Pub. L. 90-623 substituted ''section 590h(b) of title 16''

and ''section 610(b) of title 7'' for ''section 8(b) of the Soil

Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))'' and

''section 10(b) of the Agricultural Adjustment Act of May 12, 1933

(48 Stat. 37)'' respectively.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to any

individual who, on or after Jan. 1, 1987, moves from employment in

nonappropriated fund instrumentality of Department of Defense or

Coast Guard, that is described in section 2105(c) of this title, to

employment in Department or Coast Guard, that is not described in

section 2105(c), or who moves from employment in Department or

Coast Guard, that is not described in section 2105(c), to

employment in nonappropriated fund instrumentality of Department or

Coast Guard, that is described in section 2105(c), see section

7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105

of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

5 USC SUBCHAPTER II - OTHER PAID LEAVE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

.

-HEAD-

SUBCHAPTER II - OTHER PAID LEAVE

-CITE-

5 USC Sec. 6321 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6321. Absence of veterans to attend funeral services

-STATUTE-

An employee in or under an Executive agency who is a veteran of a

war, or of a campaign or expedition for which a campaign badge has

been authorized, or a member of an honor or ceremonial group of an

organization of those veterans, may be excused from duty without

loss of pay or deduction from annual leave for the time necessary,

not to exceed 4 hours in any one day, to enable him to participate

as an active pallbearer or as a member of a firing squad or a guard

of honor in a funeral ceremony for a member of the armed forces

whose remains are returned from abroad for final interment in the

United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 521.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 30q. Aug. 16, 1949, ch.

441, 63 Stat. 608.

July 17, 1952, ch.

932, Sec. 1, 66

Stat. 758.

-------------------------------

The words ''Executive agency'' are coextensive with and

substituted for ''executive branch of the Government'' in view of

the definition of ''Executive agency'' in section 105.

Applicability to the General Accounting Office is based on former

section 933a.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 6322 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6322. Leave for jury or witness service; official duty status

for certain witness service

-STATUTE-

(a) An employee as defined by section 2105 of this title (except

an individual whose pay is disbursed by the Secretary of the Senate

or the Chief Administrative Officer of the House of

Representatives) or an individual employed by the government of the

District of Columbia is entitled to leave, without loss of, or

reduction in, pay, leave to which he otherwise is entitled, credit

for time or service, or performance of efficiency rating, during a

period of absence with respect to which he is summoned, in

connection with a judicial proceeding, by a court or authority

responsible for the conduct of that proceeding, to serve -

(1) as a juror; or

(2) other than as provided in subsection (b) of this section,

as a witness on behalf of any party in connection with any

judicial proceeding to which the United States, the District of

Columbia, or a State or local government is a party;

in the District of Columbia, a State, territory, or possession of

the United States including the Commonwealth of Puerto Rico or the

Trust Territory of the Pacific Islands. For the purpose of this

subsection, ''judicial proceeding'' means any action, suit, or

other judicial proceeding, including any condemnation, preliminary,

informational, or other proceeding of a judicial nature, but does

not include an administrative proceeding.

(b) An employee as defined by section 2105 of this title (except

an individual whose pay is disbursed by the Secretary of the Senate

or the Chief Administrative Officer of the House of

Representatives) or an individual employed by the government of the

District of Columbia is performing official duty during the period

with respect to which he is summoned, or assigned by his agency, to

-

(1) testify or produce official records on behalf of the United

States or the District of Columbia; or

(2) testify in his official capacity or produce official

records on behalf of a party other than the United States or the

District of Columbia.

(c) The Office of Personnel Management may prescribe regulations

for the administration of this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 91-563, Sec.

1(a), Dec. 19, 1970, 84 Stat. 1476; Pub. L. 94-310, Sec. 1, June

15, 1976, 90 Stat. 687; Pub. L. 95-454, title IX, Sec. 906(a)(2),

Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-70, title I, Sec. 1251,

Sept. 27, 1979, 93 Stat. 476; Pub. L. 104-186, title II, Sec.

215(10), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104-201, div. C,

title XXXV, Sec. 3548(a)(8), Sept. 23, 1996, 110 Stat. 2869.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 30n. June 29, 1940, ch.

446, Sec. 1, 54

Stat. 689.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201, in concluding provisions,

substituted ''Puerto Rico or'' for ''Puerto Rico,'' and struck out

'', or the Republic of Panama'' after ''Pacific Islands''.

Pub. L. 104-186 substituted ''Chief Administrative Officer'' for

''Clerk'' in introductory provisions.

Subsec. (b). Pub. L. 104-186 substituted ''Chief Administrative

Officer'' for ''Clerk''.

1979 - Subsec. (a). Pub. L. 96-70 substituted ''the Trust

Territory of the Pacific Islands, or the Republic of Panama'' for

''the Canal Zone, or the Trust Territory of the Pacific Islands''.

1978 - Subsec. (c). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

1976 - Subsec. (a)(2). Pub. L. 94-310 substituted ''other than as

provided in subsection (b) of this section, as a witness on behalf

of any party in connection with any judicial proceeding to which

the United States, the District of Columbia, or a State or local

government is a party'' for ''as a witness on behalf of a party

other than the United States, the District of Columbia, or a

private party''.

1970 - Pub. L. 91-563 included witness service and official duty

status for certain witness service in section catchline.

Subsec. (a). Pub. L. 91-563 designated existing provisions as

subsec. (a) and expanded such provisions to authorize leave for

jury service in courts in the District of Columbia and in

territories and possessions of the United States, to permit leave

for persons summoned as witnesses in behalf of a party other than

the United States, the District of Columbia, or a private party,

defined ''judicial proceeding'', and excepted individuals whose pay

is disbursed by the Secretary of the Senate or the Clerk of the

House of Representatives.

Subsecs. (b), (c). Pub. L. 91-563 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-310 effective Oct. 1, 1976, see section 4

of Pub. L. 94-310, set out as a note under section 130b of Title 2,

The Congress.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5515 of this title.

-CITE-

5 USC Sec. 6323 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6323. Military leave; Reserves and National Guardsmen

-STATUTE-

(a)(1) Subject to paragraph (2) of this subsection, an employee

as defined by section 2105 of this title or an individual employed

by the government of the District of Columbia, permanent or

temporary indefinite, is entitled to leave without loss in pay,

time, or performance or efficiency rating for active duty,

inactive-duty training (as defined in section 101 of title 37),

funeral honors duty (as described in section 12503 of title 10 and

section 115 of title 32), or engaging in field or coast defense

training under sections 502-505 of title 32 as a Reserve of the

armed forces or member of the National Guard. Leave under this

subsection accrues for an employee or individual at the rate of 15

days per fiscal year and, to the extent that it is not used in a

fiscal year, accumulates for use in the succeeding fiscal year

until it totals 15 days at the beginning of a fiscal year.

(2) In the case of an employee or individual employed on a

part-time career employment basis (as defined in section 3401(2) of

this title), the rate at which leave accrues under this subsection

shall be a percentage of the rate prescribed under paragraph (1)

which is determined by dividing 40 into the number of hours in the

regularly scheduled workweek of that employee or individual during

that fiscal year.

(3) The minimum charge for leave under this subsection is one

hour, and additional charges are in multiples thereof.

(b) Except as provided by section 5519 of this title, an employee

as defined by section 2105 of this title or an individual employed

by the government of the District of Columbia, permanent or

temporary indefinite, who -

(1) is a member of a Reserve component of the Armed Forces, as

described in section 10101 of title 10, or the National Guard, as

described in section 101 of title 32; and

(2) performs, for the purpose of providing military aid to

enforce the law or for the purpose of providing assistance to

civil authorities in the protection or saving of life or property

or the prevention of injury -

(A) Federal service under section 331, 332, 333, or 12406 of

title 10, or other provision of law, as applicable, or

(B) full-time military service for his State, the District of

Columbia, the Commonwealth of Puerto Rico, or a territory of

the United States;

is entitled, during and because of such service, to leave without

loss of, or reduction in, pay, leave to which he otherwise is

entitled, credit for time or service, or performance or efficiency

rating. Leave granted by this subsection shall not exceed 22

work-days in a calendar year. Upon the request of an employee, the

period for which an employee is absent to perform service described

in paragraph (2) may be charged to the employee's accrued annual

leave or to compensatory time available to the employee instead of

being charged as leave to which the employee is entitled under this

subsection. The period of absence may not be charged to sick

leave.

(c) An employee as defined by section 2105 of this title or an

individual employed by the government of the District of Columbia,

who is a member of the National Guard of the District of Columbia,

is entitled to leave without loss in pay or time for each day of a

parade or encampment ordered or authorized under title 39, District

of Columbia Code. This subsection covers each day of service the

National Guard, or a portion thereof, is ordered to perform by the

commanding general.

(d)(1) A military reserve technician described in section

8401(30) (FOOTNOTE 1) is entitled at such person's request to leave

without loss of, or reduction in, pay, leave to which such person

is otherwise entitled, credit for time or service, or performance

or efficiency rating for each day, not to exceed 44 workdays in a

calendar year, in which such person is on active duty without pay,

as authorized pursuant to section 12315 of title 10, under section

12301(b) or 12301(d) of title 10 (other than active duty during a

war or national emergency declared by the President or Congress)

for participation in operations outside the United States, its

territories and possessions.

(FOOTNOTE 1) See References in Text note below.

(2) An employee who requests annual leave or compensatory time to

which the employee is otherwise entitled, for a period during which

the employee would have been entitled upon request to leave under

this subsection, may be granted such annual leave or compensatory

time without regard to this section or section 5519.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 90-588, Sec.

2(a), Oct. 17, 1968, 82 Stat. 1151; Pub. L. 90-623, Sec. 1(17),

Oct. 22, 1968, 82 Stat. 1313; Pub. L. 91-375, Sec. 6(c)(18), Aug.

12, 1970, 84 Stat. 776; Pub. L. 96-54, Sec. 2(a)(40), Aug. 14,

1979, 93 Stat. 383; Pub. L. 96-70, title III, Sec. 3302(e)(5),

Sept. 27, 1979, 93 Stat. 498; Pub. L. 96-431, Sec. 1, Oct. 10,

1980, 94 Stat. 1850; Pub. L. 102-190, div. A, title V, Sec. 528,

Dec. 5, 1991, 105 Stat. 1364; Pub. L. 103-337, div. A, title XVI,

Sec. 1677(a)(2), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104-106,

div. A, title V, Sec. 516(a), title X, Sec. 1039, Feb. 10, 1996,

110 Stat. 309, 432; Pub. L. 106-65, div. A, title VI, Sec. 672(b),

title XI, Sec. 1105(a), 1106(a), Oct. 5, 1999, 113 Stat. 674, 777;

Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 642), Dec. 21, 2000,

114 Stat. 2763, 2763A-169; Pub. L. 107-107, div. A, title V, Sec.

563, Dec. 28, 2001, 115 Stat. 1120.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 30r(a). Aug. 10, 1956, ch.

1041, Sec. 29 (a),

70A Stat. 632.

Sept. 2, 1958, Pub.

L. 85-861, Sec. 13,

72 Stat. 1557.

June 30, 1960, Pub.

L. 86-559, Sec. 7,

74 Stat. 282.

Oct. 4, 1961, Pub.

L. 87-378, Sec.

7(a), 75 Stat. 809.

-------------------------------

In subsection (a), the words ''without regard to classification

or terminology peculiar to the Civil Service system'' are omitted

as unnecessary. The word ''performance'' is added on authority of

the Performance Rating Act of 1950, which is carried into chapter

43 of this title.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 8401(30) of this title, referred to in subsec. (d)(1),

was amended generally by Pub. L. 106-65, div. A, title V, Sec.

522(c)(2), Oct. 5, 1999, 113 Stat. 597, and, as so amended, no

longer describes military reserve technicians.

-MISC2-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-107 inserted ''funeral honors

duty (as described in section 12503 of title 10 and section 115 of

title 32),'' after ''(as defined in section 101 of title 37),''.

2000 - Subsec. (a)(3). Pub. L. 106-554 added par. (3).

1999 - Subsec. (a)(1). Pub. L. 106-65, Sec. 1106(a), inserted '',

inactive-duty training (as defined in section 101 of title 37),''

after ''active duty'' in first sentence.

Subsec. (d)(1). Pub. L. 106-65, Sec. 672(b) and 1105(a), amended

par. (1) identically, striking out ''noncombat'' after ''for

participation in''.

1996 - Subsec. (b). Pub. L. 104-106, Sec. 516(a), inserted at end

''Upon the request of an employee, the period for which an employee

is absent to perform service described in paragraph (2) may be

charged to the employee's accrued annual leave or to compensatory

time available to the employee instead of being charged as leave to

which the employee is entitled under this subsection. The period

of absence may not be charged to sick leave.''

Subsec. (d). Pub. L. 104-106, Sec. 1039, added subsec. (d).

1994 - Subsec. (b)(1). Pub. L. 103-337, Sec. 1677(a)(2)(A),

substituted ''section 10101'' for ''section 261''.

Subsec. (b)(2)(A). Pub. L. 103-337, Sec. 1677(a)(2)(B),

substituted ''or 12406 of title 10'' for ''3500, or 8500 of title

10''.

1991 - Subsec. (b)(2). Pub. L. 102-190 substituted ''law or for

the purpose of providing assistance to civil authorities in the

protection or saving of life or property or the prevention of

injury - '' for ''law - '' in introductory provisions.

1980 - Subsec. (a). Pub. L. 96-431 designated existing provisions

as par. (1), substituted ''Subject to paragraph (2) of this

subsection, an employee'' for ''An employee'' and ''for active duty

or engaging in field or coast defense training'' for ''for each

day, not in excess of 15 days in a calendar year, in which he is on

active duty or is engaged in field or coast defense training'',

inserted provision relating to accrual and accumulation of leave,

and added par. (2).

1979 - Subsec. (b)(2)(B). Pub. L. 96-70 which directed the

amendment of subsec. (c)(2)(B) by striking out ''the Canal Zone,''

was executed to subsec. (b)(2)(B) in view of the redesignation of

subsec. (c) as (b) by Pub. L. 96-54. See 1979 Amendment note below.

Subsec. (b). Pub. L. 96-54 redesignated subsec. (c), as added by

Pub. L. 90-588, as (b). Former subsec. (b), relating to military

leave, was repealed by Pub. L. 91-375, Sec. 6(c)(18)(B), Aug. 12,

1970, 84 Stat. 776.

Subsec. (c). Pub. L. 96-54 redesignated subsec. (c), as added by

Pub. L. 90-588, as (b).

1970 - Subsec. (a). Pub. L. 91-375, Sec. 6(c)(18)(A), struck out

''(except a substitute in the postal field service)'' after

''section 2105 of this title''.

Subsec. (b). Pub. L. 91-375, Sec. 6(c)(18)(B), struck out subsec.

(b) relating to military leave, without loss in pay, time, or

efficiency rating, of substitute employees of the postal service,

not in excess of 80 hours in a calendar year, for National Guard

training as Reserves of the Armed Forces or members of the National

Guard, on basis of 1 hour for 26 hours of work, including minimum

working period of 1,040 hours in the prior calendar year.

Subsec. (c). Pub. L. 91-375, Sec. 6(c)(18)(A), struck out

''(except a substitute in the postal field service)'' after

''section 2105 of this title''.

Subsec. (d). Pub. L. 91-375, Sec. 6(c)(18)(B), struck out subsec.

(d) relating to military leave, without loss of or reduction in

pay, leave, service credit, or efficiency rating, of substitute

employees of the postal service, not in excess of 160 hours in a

calendar year, for service as members of Reserve components of the

Armed Forces or the National Guard, for Federal service under

insurrection provisions of sections 331, 332, and 333 and in the

Army National Guard and Air National Guard under sections 3500 and

8500 of Title 10 and non-Federal service (in the States, District

of Columbia, Puerto Rico, Canal Zone, and the territories) for

purpose of providing military aid to enforce the law, on basis of 1

hour for 13 hours of work, including minimum working period of

1,040 hours in the prior calendar year.

1968 - Subsecs. (a), (b). Pub. L. 90-623, Sec. 1(17)(A),

substituted ''loss in'' for ''loss of''.

Subsec. (c). Pub. L. 90-623, Sec. 1(17)(B), added subsec. (c),

set out second.

Subsec. (c). Pub. L. 90-588 added subsec. (c), set out first.

Subsec. (d). Pub. L. 90-588 added subsec. (d).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title XI, Sec. 1105(b), Oct. 5, 1999,

113 Stat. 777, provided that: ''The amendment made by subsection

(a) (amending this section) shall take effect on the date of the

enactment of this Act (Oct. 5, 1999) and shall apply with respect

to days of leave under section 6323(d)(1) of title 5, United States

Code, on or after that date.''

Pub. L. 106-65, div. A, title XI, Sec. 1106(b), Oct. 5, 1999,

113 Stat. 777, provided that: ''The amendment made by subsection

(a) (amending this section) shall not apply with respect to any

inactive-duty training (as defined in such amendment) occurring

before the date of the enactment of this Act (Oct. 5, 1999).''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 2 of Pub. L. 96-431 provided that: ''The amendments made

by the first section of this Act (amending this section) shall take

effect October 1, 1980.''

EFFECTIVE DATE OF 1979 AMENDMENTS

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and Published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 effective as of Sept. 6, 1966, for

all purposes, see section 6 of Pub. L. 90-623, set out as a note

under section 5334 of this title.

AUTHORIZATION TO USE APPROPRIATIONS TO PAY MILITARY LEAVE OR ANNUAL

LEAVE

Pub. L. 107-117, div. A, title VIII, Sec. 8023, Jan. 10, 2002,

115 Stat. 2252, provided that: ''During the current fiscal year and

hereafter, funds appropriated or otherwise available for any

Federal agency, the Congress, the judicial branch, or the District

of Columbia may be used for the pay, allowances, and benefits of an

employee as defined by section 2105 of title 5, United States Code,

or an individual employed by the government of the District of

Columbia, permanent or temporary indefinite, who -

''(1) is a member of a Reserve component of the Armed Forces,

as described in section 10101 of title 10, United States Code, or

the National Guard, as described in section 101 of title 32,

United States Code;

''(2) performs, for the purpose of providing military aid to

enforce the law or providing assistance to civil authorities in

the protection or saving of life or property or prevention of

injury -

''(A) Federal service under sections 331, 332, 333, or 12406

of title 10, United States Code, or other provision of law, as

applicable; or

''(B) full-time military service for his or her State, the

District of Columbia, the Commonwealth of Puerto Rico, or a

territory of the United States; and

''(3) requests and is granted -

''(A) leave under the authority of this section; or

''(B) annual leave, which may be granted without regard to

the provisions of sections 5519 and 6323(b) of title 5, United

States Code, if such employee is otherwise entitled to such

annual leave:

Provided, That any employee who requests leave under subsection

(3)(A) for service described in subsection (2) of this section is

entitled to such leave, subject to the provisions of this section

and of the last sentence of section 6323(b) of title 5, United

States Code, and such leave shall be considered leave under section

6323(b) of title 5, United States Code.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-259, title VIII, Sec. 8023, Aug. 9, 2000, 114 Stat.

679.

Pub. L. 106-79, title VIII, Sec. 8025, Oct. 25, 1999, 113 Stat.

1236.

Pub. L. 105-262, title VIII, Sec. 8025, Oct. 17, 1998, 112 Stat.

2302.

Pub. L. 105-56, title VIII, Sec. 8026, Oct. 8, 1997, 111 Stat.

1226.

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8028), Sept. 30, 1996, 110 Stat. 3009-71, 3009-94.

Pub. L. 104-61, title VIII, Sec. 8036, Dec. 1, 1995, 109 Stat.

659.

Pub. L. 103-335, title VIII, Sec. 8042, Sept. 30, 1994, 108 Stat.

2627.

Pub. L. 103-139, title VIII, Sec. 8047, Nov. 11, 1993, 107 Stat.

1450.

Pub. L. 102-396, title IX, Sec. 9064, Oct. 6, 1992, 106 Stat.

1916.

Pub. L. 102-172, title VIII, Sec. 8068, Nov. 26, 1991, 105 Stat.

1187.

Pub. L. 101-511, title VIII, Sec. 8086, Nov. 5, 1990, 104 Stat.

1895.

-CROSS-

DEFINITION OF OFFICERS AND EMPLOYEES

Section 4 of act July 1, 1947, ch. 192, 61 Stat. 239, as amended

by act June 22, 1956, ch. 428, 70 Stat. 331, provided that: ''The

words 'officers and employees of the United States or of the

District of Columbia' as used in the third paragraph, subheading

'Ordinance Stores and Equipment for Reserve Officers Training

Corps', of the Act of May 12, 1917 (40 Stat. 72; 10 U.S.C.

Annotated 371) (covered by this section), as now or hereafter

amended, as used in that part of section 80 of the Act of June 3,

1916 (39 Stat. 203; 32 U.S.C. 75) (covered by this section), as now

or hereafter amended, which precedes the proviso, and as used in

the first proviso of section 9 of the Naval Reserve Act of 1938 (52

Stat. 1177; 34 U.S.C. 853g) (covered by this section), as now or

hereafter amended, shall be construed to mean all officers and

employees of the United States or of the District of Columbia,

permanent or temporary indefinite, without regard to

classifications or terminology peculiar to the Federal Civil

Service System. The words 'officers and employees of the United

States or of the District of Columbia', as used in such provisions

of law, as now or hereafter amended, also shall be construed to

mean substitute employees in the postal field service; such

substitute employees shall be entitled to military leave of absence

on the basis of one hour of such leave for each period or periods

aggregating twenty-six hours of work performed in the calendar year

immediately preceding the year in which they are ordered to duty by

proper authority: Provided, That the number of hours worked during

the preceding calendar year shall not be less than one thousand

forty hours before such substitute employee shall be entitled to

military leave of absence, pay for such leave not to exceed eighty

hours in each calendar year.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5519, 6129 of this title;

title 22 section 3664; title 37 section 1002.

-CITE-

5 USC Sec. 6324 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6324. Absence of certain police and firemen

-STATUTE-

(a) Sick leave may not be charged to the account of a member of

the Metropolitan Police force or the Fire Department of the

District of Columbia, the United States Park Police force, or the

Executive Protective Service force for an absence due to injury or

illness resulting from the performance of duty.

(b) The determination of whether an injury or illness resulted

from the performance of duty shall be made under regulations

prescribed by -

(1) the District of Columbia Council for members of the

Metropolitan Police force and the Fire Department of the District

of Columbia;

(2) the Secretary of the Interior for the United States Park

Police force; and

(3) The Secretary of the Treasury for the Executive Protective

Service force.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 90-623, Sec.

1(18), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 94-183, Sec. 2(28),

(29), Dec. 31, 1975, 89 Stat. 1058.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2071. Aug. 21, 1964, Pub.

L. 88-471, Sec. 5,

78 Stat. 583.

-------------------------------

The word ''officer'' is omitted as covered by ''member''.

In subsection (b), the words ''injury or illness'' are

substituted for ''injury or disease'' to conform to subsection (a).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1975 - Subsecs. (a), (b)(3). Pub. L. 94-183 substituted

''Executive Protective Service'' for ''White House Police''.

1968 - Subsec. (b)(1). Pub. L. 90-623 substituted ''District of

Columbia Council'' for ''Commissioners of the District of

Columbia''.

-CHANGE-

CHANGE OF NAME

Reference to Executive Protective Service held to refer to United

States Secret Service Uniformed Division pursuant to Pub. L.

95-179, set out as a note under section 202 of Title 3, The

President.

-MISC4-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

District of Columbia Council, as established by Reorg. Plan No. 3

of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198,

title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by

Council of District of Columbia, as provided by section 401 of Pub.

L. 93-198.

-CITE-

5 USC Sec. 6325 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6325. Absence resulting from hostile action abroad

-STATUTE-

Leave may not be charged to the account of an employee for

absence, not to exceed one year, due to an injury -

(1) incurred while serving abroad and resulting from war,

insurgency, mob violence, or similar hostile action; and

(2) not due to vicious habits, intemperance, or willful

misconduct on the part of the employee.

The preceding provisions of this section shall apply in the case of

an alien employee referred to in section 6301(2)(viii) of this

title with respect to any leave granted to such alien employee

under section 6310 of this title or section 408 of the Foreign

Service Act of 1980.

-SOURCE-

(Added Pub. L. 90-221, Sec. 3(a), Dec. 23, 1967, 81 Stat. 671;

amended Pub. L. 96-54, Sec. 2(a)(41), Aug. 14, 1979, 93 Stat. 383;

Pub. L. 99-399, title VIII, Sec. 804, Aug. 27, 1986, 100 Stat.

883.)

-REFTEXT-

REFERENCES IN TEXT

Section 408 of the Foreign Service Act of 1980, referred to in

text, is classified to section 3968 of Title 22, Foreign Relations

and Intercourse.

-MISC2-

AMENDMENTS

1986 - Pub. L. 99-399 inserted sentence at end relating to alien

employees.

1979 - Pub. L. 96-54 substituted provisions relating to leave

charged to an account of an employee for absence, for provisions

relating to leave charged to an account of any officer or employee

for absence, and designated qualifying provisions as cls. (1) and

(2).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE

Section 3(c) of Pub. L. 90-221 provided that: ''The amendment

made by subsection (a) of this section (enacting this section)

shall take effect as of the first day of the first pay period which

began on or after January 1, 1965.''

-CITE-

5 USC Sec. 6326 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6326. Absence in connection with funerals of immediate

relatives in the Armed Forces

-STATUTE-

(a) An employee of an executive agency or an individual employed

by the government of the District of Columbia is entitled to not

more than three days of leave without loss of, or reduction in,

pay, leave to which he is otherwise entitled, credit for time or

service, or performance or efficiency rating, to make arrangements

for, or attend the funeral of, or memorial service for, an

immediate relative who died as a result of wounds, disease, or

injury incurred while serving as a member of the Armed Forces in a

combat zone (as determined by the President in accordance with

section 112 of the Internal Revenue Code).

(b) The Office of Personnel Management is authorized to issue

regulations for the administration of this section.

(c) This section shall not be considered as affecting the

authority of an Executive agency, except to the extent and under

the conditions covered under this section, to grant administrative

leave excusing an employee from work when it is in the public

interest.

-SOURCE-

(Added Pub. L. 90-588, Sec. 1(a), Oct. 17, 1968, 82 Stat. 1151;

amended Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92

Stat. 1224.)

-REFTEXT-

REFERENCES IN TEXT

Section 112 of the Internal Revenue Code, referred to in subsec.

(a), is classified to section 112 of Title 26, Internal Revenue

Code.

-MISC2-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6129 of this title.

-CITE-

5 USC Sec. 6327 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6327. Absence in connection with serving as a bone-marrow or

organ donor

-STATUTE-

(a) An employee in or under an Executive agency is entitled to

leave without loss of or reduction in pay, leave to which otherwise

entitled, credit for time or service, or performance or efficiency

rating, for the time necessary to permit such employee to serve as

a bone-marrow or organ donor.

(b) An employee may, in any calendar year, use -

(1) not to exceed 7 days of leave under this section to serve

as a bone-marrow donor; and

(2) not to exceed 30 days of leave under this section to serve

as an organ donor.

(c) The Office of Personnel Management may prescribe regulations

for the administration of this section.

-SOURCE-

(Added Pub. L. 103-329, title VI, Sec. 629(a)(1), Sept. 30, 1994,

108 Stat. 2423; amended Pub. L. 106-56, Sec. 1(b), Sept. 24, 1999,

113 Stat. 407.)

-COD-

CODIFICATION

Another section 6327 was renumbered section 6328 of this title.

-MISC3-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-56 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''Not

to exceed 7 days of leave may be used under this section by an

employee in a calendar year.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6129 of this title.

-CITE-

5 USC Sec. 6328 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER II - OTHER PAID LEAVE

-HEAD-

Sec. 6328. Absence in connection with funerals of fellow Federal

law enforcement officers

-STATUTE-

A Federal law enforcement officer or a Federal firefighter may be

excused from duty without loss of, or reduction in, pay or leave to

which such officer is otherwise entitled, or credit for time or

service, or performance or efficiency rating, to attend the funeral

of a fellow Federal law enforcement officer or Federal firefighter,

who was killed in the line of duty. When so excused from duty,

attendance at such service shall for the purposes of section

1345(a) of title 31, be considered to be an official duty of the

officer or firefighter.

-SOURCE-

(Added Pub. L. 103-329, title VI, Sec. 642, Sept. 30, 1994, 108

Stat. 2432, Sec. 6327; renumbered Sec. 6328, Pub. L. 106-56, Sec.

1(c)(1), Sept. 24, 1999, 113 Stat. 407.)

-COD-

CODIFICATION

Section 642 of Pub. L. 103-329, which directed that this section

be added ''following the word 'Forces' in section 6326'' was

executed by adding the section after section 6327, as added by

section 629(a)(1) of Pub. L. 103-329, to reflect the probable

intent of Congress.

-MISC3-

AMENDMENTS

1999 - Pub. L. 106-56 renumbered section 6327 of this title as

this section.

-CITE-

5 USC SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

.

-HEAD-

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6307, 6373 of this

title; title 20 section 904; title 22 section 3968; title 38

section 7423.

-CITE-

5 USC Sec. 6331 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6331. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) the term ''employee'' means an employee as defined by

section 6301(2), excluding an individual employed by the

government of the District of Columbia;

(2) the term ''leave recipient'' means an employee whose

application to receive donations of leave under this subchapter

is approved;

(3) the term ''leave donor'' means an employee whose

application to make 1 or more donations of leave under this

subchapter is approved; and

(4) the term ''medical emergency'' means a medical condition of

an employee or a family member of such employee that is likely to

require the prolonged absence of such employee from duty and to

result in a substantial loss of income to such employee because

of the unavailability of paid leave (disregarding any advanced

leave).

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2834;

amended Pub. L. 103-103, Sec. 3, Oct. 8, 1993, 107 Stat. 1022.)

-MISC1-

AMENDMENTS

1993 - Par. (4). Pub. L. 103-103 inserted ''the term'' after par.

designation and inserted before period at end ''(disregarding any

advanced leave)''.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 6 of Pub. L. 103-103 provided that: ''Except as provided

in section 2 (enacting and repealing provisions set out as notes

under this section), this Act (amending this section and sections

6337, 6361, 6362, and 6373 of this title and enacting provisions

set out as a note under section 6301 of this title) and the

amendments made by this Act shall take effect as of the 120th day

after the date of the enactment of this Act (Oct. 8, 1993) or such

earlier date as the Office of Personnel Management may by

regulation prescribe.''

REPEALS

Section 2(d) of Pub. L. 100-566, which provided for the repeal of

subchapters III (Sec. 6331 et seq.) and IV (Sec. 6361 et seq.) of

this chapter effective 5 years after Oct. 31, 1988, and which also

contained savings provisions for continued availability of certain

leave as if such program had not been terminated, was repealed by

Pub. L. 103-103, Sec. 2, Oct. 8, 1993, 107 Stat. 1022, effective

Oct. 30, 1993.

(Section 2 of Pub. L. 103-103 provided that the repeal made by

that section is effective Oct. 30, 1993.)

IMPLEMENTATION OF LEAVE TRANSFER AND LEAVE BANK PROGRAMS

Section 2(c) of Pub. L. 100-566 provided that:

''(1) No later than 3 months after the date of the enactment of

this Act (Oct. 31, 1988), the Office of Personnel Management shall

prescribe regulations to implement leave transfer programs pursuant

to the amendments made by this Act (see Short Title of 1988

Amendment note set out under section 6301 of this title).

''(2) No later than 6 months after the date of the enactment of

this Act -

''(A) the head of each agency involved under sections 6332 and

6339 of title 5, United States Code, shall establish and begin

operating a leave transfer program in accordance with applicable

provisions of subchapter III of chapter 63 of title 5, United

States Code, and applicable regulations prescribed by the Office;

and

''(B) the Office of Personnel Management shall prescribe

regulations to implement leave bank programs pursuant to the

amendments made by this Act.

''(3) No later than 9 months after the date of the enactment of

this Act, the head of each agency involved under section 6362 of

title 5, United States Code, shall establish and begin operating a

leave bank in accordance with subchapter IV of chapter 63 of title

5, United States Code, and applicable regulations prescribed by the

Office.''

REPORT TO CONGRESS

Section 2(e) of Pub. L. 100-566 provided that:

''(1)(A) Within 2 years after the date of the enactment of this

Act (Oct. 31, 1988) and again no later than 6 months before the

scheduled termination date of any program under subchapter III or

subchapter IV of chapter 63 of title 5, United States Code

(excluding any program under sections 6339 and 6372 of such

chapter) the Office of Personnel Management shall submit a written

report to the Congress with respect to the operations of such

programs.

''(B) The Office of Personnel Management may require agencies to

maintain such records and to provide such information as the Office

may need to carry out subparagraph (A).

''(2) The excepted agencies that establish programs under

sections 6339 and 6372 of title 5, United States Code, shall report

to the Congress on the operation of such programs within 2 years

after the date of the enactment of this Act and again no later than

6 months before the scheduled termination of any such programs.''

CONTINUATION OF TEMPORARY LEAVE TRANSFER PROGRAMS

Section 2(f) of Pub. L. 100-566 provided that: ''Any temporary

program allowing for transfers of leave among officers or employees

of the Federal Government may, if such program is being implemented

with respect to an agency (or any unit thereof) as of the date of

the enactment of this Act (Oct. 31, 1988), continue to be

implemented with respect to such agency (or unit), notwithstanding

any provision of law which would otherwise terminate the authority

for such program, pending the commencement of a leave transfer

program with respect to such agency pursuant to amendments made by

this Act (see Short Title of 1988 Amendment note set out under

section 6301 of this title). The Office of Personnel Management

(or, in the case of a program established by another agency, such

other agency) shall prescribe regulations to ensure that any leave

which has been transferred to the credit of an officer or employee

and which remains unused as of the date on which any such temporary

program terminates (and a successor program commences pursuant to

amendments made by this Act) shall not be lost by reason of that

termination.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6391 of this title.

-CITE-

5 USC Sec. 6332 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6332. General authority

-STATUTE-

Notwithstanding any provision of subchapter I, and subject to the

provisions of this subchapter, the Office of Personnel Management

shall establish a program under which annual leave accrued or

accumulated by an employee may be transferred to the annual leave

account of any other employee if such other employee requires

additional leave because of a medical emergency.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2834.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6334 of this title.

-CITE-

5 USC Sec. 6333 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6333. Receipt and use of transferred leave

-STATUTE-

(a)(1) An application to receive donations of leave under this

subchapter, whether submitted by or on behalf of an employee -

(A) shall be submitted to the employing agency of the proposed

leave recipient; and

(B) shall include -

(i) the name, position title, and grade or pay level of the

proposed leave recipient;

(ii) the reasons why transferred leave is needed, including a

brief description of the nature, severity, anticipated

duration, and, if it is a recurring one, the approximate

frequency of the medical emergency involved;

(iii) if the employing agency so requires, certification from

1 or more physicians, or other appropriate experts, with

respect to any matter under clause (ii); and

(iv) any other information which the employing agency may

reasonably require.

(2) If an agency requires that an employee obtain certification

under paragraph (1)(B)(iii) from 2 or more sources, the agency

shall ensure, either by direct payment to the expert involved or by

reimbursement, that the employee is not required to pay for the

expenses associated with obtaining certification from more than 1

of such sources.

(3) An employing agency shall approve or disapprove an

application of a proposed leave recipient for leave under this

subchapter, and, to the extent practicable, shall notify the

proposed leave recipient (or other person acting on behalf of the

proposed recipient, if appropriate) of the decision of the agency,

in writing, within 10 days (excluding Saturdays, Sundays, and legal

public holidays) after receiving such application.

(b) A leave recipient may use annual leave received under this

subchapter in the same manner and for the same purposes as if such

leave recipient had accrued that leave under section 6303, except

that any annual leave, and any sick leave, accrued or accumulated

by the leave recipient and available for the purpose involved must

be exhausted before any transferred annual leave may be used.

(c) Transferred annual leave -

(1) may accumulate without regard to any limitation under

section 6304; and

(2) may be substituted retroactively for any period of leave

without pay, or used to liquidate an indebtedness for any period

of advanced leave, which began on or after a date fixed by the

employing agency of the employee as the beginning of the medical

emergency involved.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2834.)

-CITE-

5 USC Sec. 6334 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6334. Donations of leave

-STATUTE-

(a) An employee may, by written application to the employing

agency of such employee, request that a specified number of hours

be transferred from the annual leave account of such employee to

the annual leave account of a leave recipient in accordance with

section 6332.

(b)(1) In any one leave year, a leave donor may donate no more

than a total of one-half of the amount of annual leave such donor

would be entitled to accrue during the leave year in which the

donation is made.

(2) A leave donor who is projected to have annual leave that

otherwise would be subject to forfeiture at the end of the leave

year under section 6304(a) may donate no more than the number of

hours remaining in the leave year (as of the date of the transfer)

for which the leave donor is scheduled to work and receive pay.

(3) The employing agency of a leave donor may waive the

limitation under paragraphs (1) and (2). Any such waiver shall be

made in writing.

(c) The Office of Personnel Management shall prescribe

regulations to include procedures to carry out this subchapter when

the leave donor and the leave recipient are employed by different

agencies.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2835.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6336 of this title.

-CITE-

5 USC Sec. 6335 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6335. Termination of medical emergency

-STATUTE-

(a) The medical emergency affecting a leave recipient shall, for

purposes of this subchapter, be considered to have terminated on

the date as of which -

(1) the leave recipient notifies the employing agency of such

leave recipient, in writing, that the medical emergency no longer

exists;

(2) the employing agency of such leave recipient determines,

after written notice and opportunity for the leave recipient (or,

if appropriate, another person acting on behalf of the leave

recipient) to answer orally or in writing, that the medical

emergency no longer exists; or

(3) the leave recipient is separated from service.

(b)(1) The employing agency of a leave recipient shall,

consistent with guidelines prescribed by the Office of Personnel

Management, establish procedures to ensure that a leave recipient

is not permitted to use or receive any transferred leave under this

subchapter after the medical emergency terminates.

(2) Nothing in section 5551, 5552, or 6306 shall apply with

respect to any annual leave transferred to a leave recipient under

this subchapter.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2836.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6337 of this title.

-CITE-

5 USC Sec. 6336 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6336. Restoration of transferred leave

-STATUTE-

(a)(1) The Office of Personnel Management shall establish

procedures under which, except as provided in paragraph (2), any

transferred leave remaining to the credit of a leave recipient when

the medical emergency affecting the leave recipient terminates

shall be restored on a prorated basis by transfer to the

appropriate accounts of the respective leave donors.

(2) Nothing in paragraph (1) shall require the restoration of

leave to a leave donor -

(A) if the amount of leave which would be restored to such

donor would be less than 1 hour or any other shorter period of

time which the Office may by regulation prescribe;

(B) if such donor retires, dies, or is otherwise separated from

service, before the date on which such restoration would

otherwise be made; or

(C) if such restoration is not administratively feasible, as

determined under regulations prescribed by the Office.

(b) At the election of the leave donor, transferred annual leave

restored to such leave donor under subsection (a) may be restored

by -

(1) crediting such leave to the leave donor's annual leave

account in the then current leave year;

(2) crediting such leave to the leave donor's annual leave

account, effective as of the first day of the first leave year

beginning after the date of the election; or

(3) donating such leave in whole or part to another leave

recipient; if a leave donor elects to donate only part of

restored leave to another recipient, the donor may elect to have

the remaining leave credited to the donor's annual leave account

in accordance with paragraph (1) or (2).

(c) The Office shall prescribe regulations under which this

section shall be applied in the case of an employee who is paid

other than on the basis of biweekly pay periods.

(d) Restorations of leave under this section shall be carried out

in a manner consistent with regulations prescribed to carry out

section 6334(c), if applicable.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2836.)

-CITE-

5 USC Sec. 6337 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6337. Accrual of leave

-STATUTE-

(a) For the purpose of this section -

(1) the term ''paid leave status under subchapter I'', as used

with respect to an employee, means the administrative status of

such employee while such employee is using sick leave, or annual

leave, accrued or accumulated under subchapter I; and

(2) the term ''transferred leave status'', as used with respect

to an employee, means the administrative status of such employee

while such employee is using transferred leave under this

subchapter.

(b)(1) Except as otherwise provided in this section, while an

employee is in a transferred leave status, annual leave and sick

leave shall accrue to the credit of such employee at the same rate

as if such employee were then in a paid leave status under

subchapter I, except that -

(A) the maximum amount of annual leave which may be accrued by

an employee while in transferred leave status in connection with

any particular medical emergency may not exceed 5 days; and

(B) the maximum amount of sick leave which may be accrued by an

employee while in transferred leave status in connection with any

particular medical emergency may not exceed 5 days.

(2) Any annual or sick leave accrued by an employee under this

section -

(A) shall be credited to an annual leave or sick leave account,

as appropriate, separate from any leave account of such employee

under subchapter I; and

(B) shall not become available for use by such employee, and

may not otherwise be taken into account under subchapter I,

until, in accordance with subsection (c), it is transferred to

the appropriate leave account of such employee under subchapter

I.

(c)(1) Any annual or sick leave accrued by an employee under this

section shall be transferred to the appropriate leave account of

such employee under subchapter I, and shall be available for use -

(A) as of the beginning of the first applicable pay period

beginning after the date on which the employee's medical

emergency terminates as described in paragraph (1) or (2) of

section 6335(a); or

(B) if the employee's medical emergency has not yet terminated,

once the employee has exhausted all transferred leave made

available to such employee under this subchapter.

(2) In the event that the employee's medical emergency terminates

as described in section 6335(a)(3) -

(A) any leave accrued but not yet transferred under this

section shall not be credited to such employee; or

(B) if there remains, as of the date the emergency so

terminates, any leave which became available to such employee

under paragraph (1)(B), such leave shall cease to be available

for any purpose.

(d) Nothing in this section shall be considered to prevent, with

respect to a continuing medical emergency, further transfers of

leave for use after leave accrued under this section has been

exhausted by the employee.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2837;

amended Pub. L. 103-103, Sec. 4, Oct. 8, 1993, 107 Stat. 1022.)

-MISC1-

AMENDMENTS

1993 - Subsecs. (c), (d). Pub. L. 103-103 amended subsec. (c)

generally and added subsec. (d). Prior to amendment, subsec. (c)

read as follows:

''(1) Any annual or sick leave accrued by an employee under this

section shall be transferred to the appropriate leave account of

such employee under subchapter I, effective as of the beginning of

the first applicable pay period beginning after the date on which

the employee's medical emergency terminates as described in

paragraph (1) or (2) of section 6335(a).

''(2) If the employee's medical emergency terminates as described

in section 6335(a)(3), no leave shall be credited to such employee

under this section.''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-103 effective as of the 120th day after

Oct. 8, 1993, or such earlier date as the Office of Personnel

Management may by regulation prescribe, see section 6 of Pub. L.

103-103, set out as a note under section 6331 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6371, 6373 of this title.

-CITE-

5 USC Sec. 6338 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6338. Prohibition of coercion

-STATUTE-

(a) An employee may not directly or indirectly intimidate,

threaten, or coerce, or attempt to intimidate, threaten, or coerce,

any other employee for the purpose of interfering with any right

which such employee may have with respect to contributing,

receiving, or using annual leave under this subchapter.

(b) For the purpose of subsection (a), the term ''intimidate,

threaten, or coerce'' includes promising to confer or conferring

any benefit (such as an appointment, promotion, or compensation),

or effecting or threatening to effect any reprisal (such as

deprivation of appointment, promotion, or compensation).

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2837.)

-CITE-

5 USC Sec. 6339 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6339. Additional leave transfer programs

-STATUTE-

(a) For the purpose of this section -

(1) the term ''excepted agency'' means -

(A) the Central Intelligence Agency;

(B) the Defense Intelligence Agency;

(C) the National Security Agency;

(D) the Federal Bureau of Investigation;

(E) the National Imagery and Mapping Agency; and

(F) as determined by the President, any Executive agency or

unit thereof, the principal function of which is the conduct of

foreign intelligence or counterintelligence activities; and

(2) the term ''head of an excepted agency'' means -

(A) with respect to the Central Intelligence Agency, the

Director of Central Intelligence;

(B) with respect to the Defense Intelligence Agency, the

Director of the Defense Intelligence Agency;

(C) with respect to the National Security Agency, the

Director of the National Security Agency;

(D) with respect to the Federal Bureau of Investigation, the

Director of the Federal Bureau of Investigation;

(E) with respect to the National Imagery and Mapping Agency,

the Director of the National Imagery and Mapping Agency; and

(F) with respect to an Executive agency designated under

paragraph (1)(F), the head of such Executive agency, and with

respect to a unit of an Executive agency designated under

paragraph (1)(F), such individual as the President may

determine.

(b)(1) The head of an excepted agency shall, by regulation,

establish a program under which annual leave accrued or accumulated

by an employee of such agency may be transferred to the annual

leave account of any other employee of such agency if such other

employee requires additional leave because of a medical emergency.

(2) To the extent practicable, and consistent with the protection

of intelligence sources and methods (if applicable), each program

under this subsection shall be established -

(A) in a manner consistent with the provisions of this

subchapter applicable to the program; and

(B) without regard to any provisions relating to transfers or

restorations of leave between employees in different agencies.

(c)(1) Notwithstanding any provision of subsection (b), the head

of an excepted agency may, at his sole discretion, by regulation

establish a program under which an individual employed in or under

such excepted agency may participate in a leave transfer program

established under the provisions of this subchapter outside of this

section, including provisions permitting the transfer of annual

leave accrued or accumulated by such employee to, or permitting

such employee to receive transferred leave from, an employee of any

other agency (including another excepted agency having a program

under this subsection).

(2) To the extent practicable and consistent with the protection

of intelligence sources and methods, any program established under

paragraph (1) shall be consistent with the provisions of this

subchapter outside of this section and with any regulations issued

by the Office of Personnel Management implementing this subchapter.

(d) The Office shall provide the head of an excepted agency with

such advice and assistance as the head of such agency may request

in order to carry out the purposes of this section.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2838;

amended Pub. L. 103-359, title V, Sec. 501(i), Oct. 14, 1994, 108

Stat. 3429; Pub. L. 104-201, div. A, title XI, Sec. 1122(a), Sept.

23, 1996, 110 Stat. 2687; Pub. L. 107-306, title III, Sec. 322,

Nov. 27, 2002, 116 Stat. 2391.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-306, Sec. 322(a)(1), (2),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which read as follows: ''Notwithstanding any other provision of

this subchapter, neither an excepted agency nor any individual

employed in or under an excepted agency may be included in a leave

transfer program established under any of the preceding provisions

of this subchapter.''

Subsec. (b)(2). Pub. L. 107-306, Sec. 322(b)(1), substituted

''under this subsection'' for ''under this section'' in

introductory provisions.

Subsec. (c). Pub. L. 107-306, Sec. 322(a)(3), added subsec. (c).

Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 107-306, Sec. 322(b)(2), struck out ''of

Personnel Management'' after ''The Office''.

1996 - Subsec. (a)(1)(E). Pub. L. 104-201, Sec. 1122(a)(1),

substituted ''National Imagery and Mapping Agency'' for ''Central

Imagery Office''.

Subsec. (a)(2)(E). Pub. L. 104-201, Sec. 1122(a)(2), substituted

''National Imagery and Mapping Agency, the Director of the National

Imagery and Mapping Agency'' for ''Central Imagery Office, the

Director of the Central Imagery Office''.

1994 - Subsec. (a)(1)(E), (F). Pub. L. 103-359, Sec. 501(i)(1),

added subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (a)(2)(E), (F). Pub. L. 103-359, Sec. 501(i)(2), added

subpar. (E), redesignated former subpar. (E) as (F), and

substituted ''paragraph (1)(F)'' for ''paragraph (1)(E)'' in two

places in subpar. (F).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6372 of this title.

-CITE-

5 USC Sec. 6340 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE

-HEAD-

Sec. 6340. Inapplicability of certain provisions

-STATUTE-

Except to the extent that the Office of Personnel Management may

prescribe regulations, nothing in section 7351 shall apply with

respect to a solicitation, donation, or acceptance of leave under

this subchapter.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2838.)

-CITE-

5 USC SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

.

-HEAD-

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6391 of this title;

title 20 section 904; title 22 section 3968; title 38 section 7423.

-CITE-

5 USC Sec. 6361 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6361. Definitions

-STATUTE-

For the purpose of this subchapter the term -

(1) ''employee'' means an employee as defined by section

6301(2), but shall exclude any individual employed by the

government of the District of Columbia;

(2) ''executive agency'' means any executive agency or any

administrative unit thereof;

(3) ''leave bank'' means a leave bank established under section

6363;

(4) ''leave contributor'' means an employee who contributes

leave to an agency leave bank under section 6365;

(5) ''leave recipient'' means an employee whose application

under section 6367 to receive contributions of leave from a leave

bank is approved; and

(6) ''medical emergency'' means a medical condition of an

employee or a family member of such employee that is likely to

require the prolonged absence of such employee from duty and to

result in a substantial loss of income to such employee because

of the unavailability of paid leave (disregarding any advanced

leave).

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2839;

amended Pub. L. 103-103, Sec. 3(a), Oct. 8, 1993, 107 Stat. 1022.)

-MISC1-

AMENDMENTS

1993 - Par. (6). Pub. L. 103-103 inserted before period at end

''(disregarding any advanced leave)''.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-103 effective as of the 120th day after

Oct. 8, 1993, or such earlier date as the Office of Personnel

Management may by regulation prescribe, see section 6 of Pub. L.

103-103, set out as a note under section 6331 of this title.

LEAVE BANK FOR JUDICIAL BRANCH EMPLOYEES OF FEDERAL GOVERNMENT IN

RESERVES WHO WERE ACTIVATED DURING PERSIAN GULF WAR

Pub. L. 102-58, Sec. 3, June 18, 1991, 105 Stat. 299, provided

that:

''(a) Judicial Branch Employees. - The Director of the

Administrative Office of the United States Courts shall establish a

leave bank program under which -

''(1) an employee of the Judicial Branch may (during a period

specified by the Director of the Administrative Office) donate

any unused annual leave from the employee's annual leave account

to a leave bank established by the Director;

''(2) the total amount of annual leave that has been donated

under paragraph (1) shall be divided equally among the annual

leave accounts of all employees who have been members of the

Armed Forces serving on active duty during the Persian Gulf

conflict pursuant to an order issued under section 672(a) (now

12301(a)), 672(g) (now 12301(g)), 673 (now 12302), 673b (now

12304), 674 (now 12306), 675 (now 12307), or 688 of title 10,

United States Code, and who return to employment with the

Judicial Branch; and

''(3) such Persian Gulf conflict participants who have returned

to Judicial Branch employment may use such annual leave, after it

is credited to their leave accounts, in the same manner as any

other annual leave to their credit.

''(b) Definitions. - For purposes of subsection (a), the term

'employee' means an employee as defined in section 6301(2) of title

5, United States Code.

''(c) Deadline for Regulations. - Within 30 days after the date

of the enactment of this Act (June 18, 1991), the Director of the

Administration (Administrative) Office shall prescribe regulations

necessary for the administration of subsection (a).''

LEAVE BANK FOR FEDERAL CIVILIAN EMPLOYEES IN RESERVES WHO WERE

ACTIVATED DURING PERSIAN GULF WAR

Pub. L. 102-25, title III, Sec. 361, Apr. 6, 1991, 105 Stat. 92,

as amended by Pub. L. 102-484, div. A, title X, Sec. 1054(c)(1),

Oct. 23, 1992, 106 Stat. 2502, provided that:

''(a) Civil Service Employees. - The Office of Personnel

Management shall establish a leave bank program under which -

''(1) an employee in any executive agency may (during a period

specified by the Office of Personnel Management) donate any

unused annual leave from the employee's annual leave account to a

leave bank established by the Office of Personnel Management;

''(2) the total annual leave that has been donated under

paragraph (1) shall be divided equally among the annual leave

accounts of all employees who have been members of the Armed

Forces serving on active duty during the Persian Gulf conflict

pursuant to an order issued under section 672(a) (now 12301(a)),

672(g) (now 12301(g)), 673 (now 12302), 673b (now 12304), 674

(now 12306), 675 (now 12307), or 688 of title 10, United States

Code, and who return to civilian employment with their agencies;

and

''(3) such Persian Gulf concflict (sic) participants who have

returned to civilian employment may use such annual leave, after

it is credited to their leave accounts, in the same manner as any

other annual leave to their credit.

''(b) Definitions. - For purposes of subsection (a), the term

'employee' means an employee as defined in section 6361(1) of title

5, United States Code.

''(c) Deadline for Regulations. - Within 30 days after the date

of the enactment of this Act (Apr. 6, 1991), the Office of

Personnel Management shall prescribe regulations necessary for the

administration of subsection (a).

''(d) Department of Veterans Affairs Health-Care Professionals. -

The Secretary of Veterans Affairs shall establish a program similar

to that established under subsection (a) for the benefit of

health-care professionals covered under section 7423(e) of title

38, United States Code. Such program shall be as similar and (as)

practicable to the program established under subsection (a).''

-CITE-

5 USC Sec. 6362 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6362. General authority

-STATUTE-

Notwithstanding any provision of subchapter I, and subject to the

provisions of this subchapter, the Office of Personnel Management

shall establish a program under which -

(1) annual leave accrued or accumulated by an employee may be

contributed to a leave bank established by the employing agency

of such employee; and

(2) leave from such a leave bank may be made available to an

employee who requires such leave because of a medical emergency.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2839;

amended Pub. L. 103-103, Sec. 5(b), Oct. 8, 1993, 107 Stat. 1023.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-103 struck out subsec. (a) designation and

struck out subsec. (b) which read as follows: ''To test voluntary

leave bank programs under the provisions of this subchapter, the

Office of Personnel Management shall establish a demonstration

project in at least 3 Executive agencies, of which -

''(1) one such agency shall include approximately, but not less

than, the equivalent of 100,000 full-time positions;

''(2) one such agency shall include approximately, but not less

than, the equivalent of 25,000 full-time positions; and

''(3) one such agency shall include approximately, but not less

than, the equivalent of 1,000 full-time positions.''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-103 effective as of the 120th day after

Oct. 8, 1993, or such earlier date as the Office of Personnel

Management may by regulation prescribe, see section 6 of Pub. L.

103-103, set out as a note under section 6331 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6363 of this title.

-CITE-

5 USC Sec. 6363 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6363. Establishment of leave banks

-STATUTE-

Each agency that establishes a leave bank program under section

6362 shall establish 1 or more leave banks in accordance with

regulations prescribed by the Office of Personnel Management.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2839.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6361 of this title.

-CITE-

5 USC Sec. 6364 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6364. Establishment of Leave Bank Boards

-STATUTE-

(a)(1) Each agency that establishes a leave bank shall establish

a Leave Bank Board consisting of 3 members, at least one of whom

shall represent a labor organization or employee group, to

administer the leave bank under the provisions of this subchapter,

in consultation with the Office of Personnel Management.

(2) An agency may establish more than 1 Leave Bank Board based

upon the administrative units within the agency. No more than 1

board may be established for each leave bank.

(b) Each such Board shall -

(1) review and approve applications to the leave bank under

section 6367;

(2) monitor each case of a leave recipient; and

(3) monitor the amount of leave in the leave bank and the

number of applications for use of leave from the bank; and

(4) maintain an adequate amount of leave in the leave bank to

the greatest extent practicable.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2839.)

-CITE-

5 USC Sec. 6365 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6365. Contributions of annual leave

-STATUTE-

(a)(1) An employee may, by written application to the Leave Bank

Board, request that a specified number of hours be transferred from

the annual leave account of such employee to the leave bank

established by such agency.

(2) An employee may state a concern and desire to aid a specified

proposed leave recipient or a leave recipient in the application

filed under paragraph (1).

(b)(1) Upon approving an application under subsection (a), the

employing agency of the leave contributor may transfer all or any

part of the number of hours requested for transfer, except that the

number of hours so transferred may not exceed the limitations under

paragraph (2).

(2)(A) In any one leave year, a leave contributor may contribute

no more than a total of one-half of the amount of annual leave such

contributor would be entitled to accrue during the leave year in

which the contribution is made.

(B) A leave contributor who is projected to have annual leave

that otherwise would be subject to forfeiture at the end of the

leave year under section 6304(a) may contribute no more than the

number of hours remaining in the leave year (as of the date of the

contribution) for which the leave contributor is scheduled to work

and receive pay.

(c) The Leave Bank Board of a leave contributor may waive the

limitations under subsection (b)(2). Any such waiver shall be in

writing.

(d) The Office of Personnel Management shall prescribe

regulations establishing an open enrollment period during which an

employee may contribute leave under subsection (a) for a leave

year.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2840.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6361, 6366 of this title.

-CITE-

5 USC Sec. 6366 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6366. Eligibility for leave recipients

-STATUTE-

(a) An employee is eligible to be a leave recipient if such

employee -

(1) experiences a medical emergency and submits an application

pursuant to section 6367(a); and

(2)(A) contributes the minimum number of hours as required

under subsection (b) of accrued or accumulated annual leave to

the leave bank of the employing agency of such employee, in the

leave year (beginning in and including any part of a leave year

in which such leave bank is established) that such employee

submits an application to be a leave recipient under section

6367(a); and

(B) such contribution is made before such employee submits an

application under section 6367(a).

(b)(1) An employee shall contribute the minimum number of hours

required under subsection (a)(2)(A), if such employee is an

employee -

(A) for less than 3 years of service and contributes a minimum

of 4 hours;

(B) for between 3 years and less than 15 years of service and

contributes a minimum of 6 hours; or

(C) for 15 years or more of service and contributes a minimum

of 8 hours.

(2) Notwithstanding the provisions of paragraph (1), the Leave

Bank Board of an agency, after consultation with the Office of

Personnel Management, may -

(A) reduce the minimum number of hours required under paragraph

(1) for any leave year, if such Board determines there is a

surplus of leave in the leave bank; and

(B) increase the number of minimum hours required under

paragraph (1) for the succeeding leave year, in any leave year in

which the Board determines there is a shortage of leave in the

leave bank.

(c) An employee shall meet the requirements of subsection

(a)(2)(A) if such employee contributes the minimum number of hours

as required under subsection (b) of accrued or accumulated annual

leave to the leave bank with which such employee submits an

application to be a leave recipient under section 6367(a).

(d) The provisions of subsection (a) may not be construed to

limit the amount of the voluntary contribution of annual leave to a

leave bank, which does not exceed the limitations of section

6365(b).

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2840.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6361, 6364, 6366 of this

title.

-CITE-

5 USC Sec. 6367 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6367. Receipt and use of leave from a leave bank

-STATUTE-

(a) An application to receive contributions of leave from a leave

bank, whether submitted by or on behalf of an employee -

(1) shall be submitted to the Leave Bank Board of the employing

agency of the proposed leave recipient; and

(2) shall include -

(A) the name, position title, and grade or pay level of the

proposed leave recipient;

(B) the reasons why leave is needed, including a brief

description of the nature, severity, anticipated duration, and,

if it is a recurring one, the approximate frequency of the

medical emergency involved;

(C) if such Board so requires, certification from 1 or more

physicians, or other appropriate experts, with respect to any

matter under subparagraph (B); and

(D) any other information which such Board may reasonably

require.

If a Board requires that an employee obtain certification under

paragraph (2)(C) from 2 or more sources, the agency shall ensure,

either by direct payment to the expert involved or by

reimbursement, that the employee is not required to pay for the

expenses associated with obtaining certification from more than 1

of such sources.

(b) The Leave Bank Board of an employing agency may approve an

application submitted under subsection (a).

(c) A leave recipient may use annual leave received from the

leave bank established by the employing agency of such employee

under this subchapter in the same manner and for the same purposes

as if such leave recipient had accrued such leave under section

6303, except that any annual leave and, if applicable, any sick

leave accrued or accumulated to the leave recipient shall be used

before any leave from the leave bank may be used.

(d) Transferred annual leave -

(1) may accumulate without regard to any limitation under

section 6304; and

(2) may be substituted retroactively for any period of leave

without pay, or used to liquidate an indebtedness for any period

of advanced leave, which began on or after a date fixed by the

employing agency of the employee as the beginning of the medical

emergency involved.

(e) Except to the extent that the Office of Personnel Management

may prescribe regulations, nothing in the provisions of section

7351 shall apply to any solicitation, contribution, or use of leave

to or from a leave bank under this subchapter.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2841.)

-CITE-

5 USC Sec. 6368 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6368. Termination of medical emergency

-STATUTE-

(a) The medical emergency affecting a leave recipient shall, for

purposes of this subchapter, be considered to have terminated on

the date as of which -

(1) the leave recipient notifies the Leave Bank Board in

writing, that the medical emergency no longer exists;

(2) the Leave Bank Board of such leave recipient determines,

after written notice and opportunity for the leave recipient (or,

if appropriate, another person acting on behalf of the leave

recipient) to answer orally or in writing, that the medical

emergency no longer exists; or

(3) the leave recipient is separated from service.

(b)(1) The Leave Bank Board of a recipient shall, consistent with

guidelines prescribed by the Office of Personnel Management,

establish procedures to ensure that a leave recipient is not

permitted to use or receive any transferred leave under this

subchapter after the medical emergency terminates.

(2) Nothing in section 5551, 5552, or 6306 shall apply with

respect to any annual leave transferred to a leave recipient under

this subchapter.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2842.)

-CITE-

5 USC Sec. 6369 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6369. Restoration of transferred leave

-STATUTE-

The Office of Personnel Management shall establish procedures

under which any transferred leave remaining to the credit of a

leave recipient when the medical emergency affecting the leave

recipient terminates, shall be restored to the leave bank.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2842.)

-CITE-

5 USC Sec. 6370 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6370. Prohibition of coercion

-STATUTE-

(a) An employee may not directly or indirectly intimidate,

threaten, or coerce, or attempt to intimidate, threaten, or coerce,

any other employee for the purpose of interfering with any right

which such employee may have with respect to contributing,

receiving, or using annual leave under this subchapter.

(b) For the purpose of subsection (a), the term ''intimidate,

threaten, or coerce'' includes promising to confer or conferring

any benefit (such as an appointment, promotion, or compensation),

or effecting or threatening to effect any reprisal (such as

deprivation of appointment, promotion, or compensation).

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2842.)

-CITE-

5 USC Sec. 6371 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6371. Accrual of leave

-STATUTE-

While using leave made available to an employee from a leave

bank, annual and sick leave shall accrue to the credit of such

employee and shall become available for use by such employee in the

same manner as provided for under section 6337.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2843.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6373 of this title.

-CITE-

5 USC Sec. 6372 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6372. Additional leave bank programs

-STATUTE-

(a) For the purpose of this section -

(1) the term ''excepted agency'' has the same meaning as such

term is defined under section 6339(a)(1) of this title; and

(2) the term ''head of an excepted agency'' has the same

meaning as such term is defined under section 6339(a)(2) of this

title.

(b) Notwithstanding any other provision of this subchapter,

neither an excepted agency nor any individual employed in or under

an excepted agency may be included in a leave bank program

established under any of the preceding provisions of this

subchapter.

(c)(1) The head of an excepted agency may, by regulation,

establish a voluntary leave bank program under which annual leave

accrued or accumulated by an employee of such agency may be

contributed to a leave bank, and any other employee of such agency

may receive additional leave from such leave bank because of a

medical emergency.

(2) To the extent practicable, and consistent with the protection

of intelligence sources and methods (if applicable), each program

under this section shall be established in a manner consistent with

the provisions of this subchapter applicable to the program.

(d) The Office of Personnel Management shall provide the head of

an excepted agency with such advice and assistance as the head of

such agency may request in order to carry out the purposes of this

section.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2843.)

-CITE-

5 USC Sec. 6373 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM

-HEAD-

Sec. 6373. Authority to participate in both programs

-STATUTE-

(a) The Office of Personnel Management shall prescribe

regulations under which an employee participating in a leave bank

program under this subchapter may, subject to such terms or

conditions as the Office may establish, also make or receive

donations of leave under subchapter III.

(b) Notwithstanding any provision of section 6337 or 6371, if an

employee uses leave transferred to such employee under subchapter

III and leave made available to such employee under this subchapter

in connection with the same medical emergency, the maximum number

of days of annual leave and sick leave, respectively, which may

accrue to such employee in connection with such medical emergency

shall be the same as if all of that leave had been made available

to such employee under this subchapter.

-SOURCE-

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2843;

amended Pub. L. 103-103, Sec. 5(a)(1), Oct. 8, 1993, 107 Stat.

1023.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-103 substituted ''Authority to participate in

both programs'' for ''Limitation on employee participation'' in

section catchline and amended text generally. Prior to amendment,

text read as follows: ''An employee in a unit of an agency that

establishes a leave bank program under the provisions of this

subchapter may not participate in a leave transfer program under

the provisions of subchapter III.''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-103 effective as of the 120th day after

Oct. 8, 1993, or such earlier date as the Office of Personnel

Management may by regulation prescribe, see section 6 of Pub. L.

103-103, set out as a note under section 6331 of this title.

-CITE-

5 USC SUBCHAPTER V - FAMILY AND MEDICAL LEAVE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

.

-HEAD-

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2105, 9507 of this

title; title 3 section 412; title 29 section 2611; title 42 section

12631.

-CITE-

5 USC Sec. 6381 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 6381. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) the term ''employee'' means any individual who -

(A) is an ''employee'', as defined by section 6301(2),

including any individual employed in a position referred to in

clause (v) or (ix) of section 6301(2), but excluding any

individual employed by the government of the District of

Columbia (FOOTNOTE 1) any individual employed on a temporary or

intermittent basis, and any employee of the General Accounting

Office or the Library of Congress; and

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(B) has completed at least 12 months of service as an

employee (within the meaning of subparagraph (A));

(2) the term ''health care provider'' means -

(A) a doctor of medicine or osteopathy who is authorized to

practice medicine or surgery (as appropriate) by the State in

which the doctor practices; and

(B) any other person determined by the Director of the Office

of Personnel Management to be capable of providing health care

services;

(3) the term ''parent'' means the biological parent of an

employee or an individual who stood in loco parentis to an

employee when the employee was a son or daughter;

(4) the term ''reduced leave schedule'' means a leave schedule

that reduces the usual number of hours per workweek, or hours per

workday, of an employee;

(5) the term ''serious health condition'' means an illness,

injury, impairment, or physical or mental condition that involves

-

(A) inpatient care in a hospital, hospice, or residential

medical care facility; or

(B) continuing treatment by a health care provider; and

(6) the term ''son or daughter'' means a biological, adopted,

or foster child, a stepchild, a legal ward, or a child of a

person standing in loco parentis, who is -

(A) under 18 years of age; or

(B) 18 years of age or older and incapable of self-care

because of a mental or physical disability.

-SOURCE-

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107

Stat. 19; amended Pub. L. 104-1, title II, Sec. 202(c)(2), Jan. 23,

1995, 109 Stat. 9.)

-MISC1-

AMENDMENTS

1995 - Par. (1)(A). Pub. L. 104-1 struck out ''and'' after

''District of Columbia'' and inserted '', and any employee of the

General Accounting Office or the Library of Congress'' before

semicolon.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-1 effective 1 year after transmission to

Congress of the study under section 1371 of Title 2, The Congress,

see section 1312(e)(2) of Title 2. The study required under section

1371 of Title 2, dated Dec. 31, 1996, was transmitted to Congress

by the Board of Directors of the Office of Compliance on Dec. 30,

1996.

EFFECTIVE DATE

Subchapter effective 6 months after Feb. 5, 1993, see section

405(b)(1) of Pub. L. 103-3, set out as a note under section 2601 of

Title 29, Labor.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371; title 42

section 12631.

-CITE-

5 USC Sec. 6382 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 6382. Leave requirement

-STATUTE-

(a)(1) Subject to section 6383, an employee shall be entitled to

a total of 12 administrative workweeks of leave during any 12-month

period for one or more of the following:

(A) Because of the birth of a son or daughter of the employee

and in order to care for such son or daughter.

(B) Because of the placement of a son or daughter with the

employee for adoption or foster care.

(C) In order to care for the spouse, or a son, daughter, or

parent, of the employee, if such spouse, son, daughter, or parent

has a serious health condition.

(D) Because of a serious health condition that makes the

employee unable to perform the functions of the employee's

position.

(2) The entitlement to leave under subparagraph (A) or (B) of

paragraph (1) based on the birth or placement of a son or daughter

shall expire at the end of the 12-month period beginning on the

date of such birth or placement.

(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1)

shall not be taken by an employee intermittently or on a reduced

leave schedule unless the employee and the employing agency of the

employee agree otherwise. Subject to paragraph (2), subsection

(e)(2), and section 6383(b)(5), leave under subparagraph (C) or (D)

of subsection (a)(1) may be taken intermittently or on a reduced

leave schedule when medically necessary. In the case of an

employee who takes leave intermittently or on a reduced leave

schedule pursuant to this paragraph, any hours of leave so taken by

such employee shall be subtracted from the total amount of leave

remaining available to such employee under subsection (a), for

purposes of the 12-month period involved, on an hour-for-hour

basis.

(2) If an employee requests intermittent leave, or leave on a

reduced leave schedule, under subparagraph (C) or (D) of subsection

(a)(1), that is foreseeable based on planned medical treatment, the

employing agency may require such employee to transfer temporarily

to an available alternative position offered by the employing

agency for which the employee is qualified and that -

(A) has equivalent pay and benefits; and

(B) better accommodates recurring periods of leave than the

regular employment position of the employee.

(c) Except as provided in subsection (d), leave granted under

subsection (a) shall be leave without pay.

(d) An employee may elect to substitute for leave under

subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the

employee's accrued or accumulated annual or sick leave under

subchapter I for any part of the 12-week period of leave under such

subsection, except that nothing in this subchapter shall require an

employing agency to provide paid sick leave in any situation in

which such employing agency would not normally provide any such

paid leave.

(e)(1) In any case in which the necessity for leave under

subparagraph (A) or (B) of subsection (a)(1) is foreseeable based

on an expected birth or placement, the employee shall provide the

employing agency with not less than 30 days' notice, before the

date the leave is to begin, of the employee's intention to take

leave under such subparagraph, except that if the date of the birth

or placement requires leave to begin in less than 30 days, the

employee shall provide such notice as is practicable.

(2) In any case in which the necessity for leave under

subparagraph (C) or (D) of subsection (a)(1) is foreseeable based

on planned medical treatment, the employee -

(A) shall make a reasonable effort to schedule the treatment so

as not to disrupt unduly the operations of the employing agency,

subject to the approval of the health care provider of the

employee or the health care provider of the son, daughter,

spouse, or parent of the employee, as appropriate; and

(B) shall provide the employing agency with not less than 30

days' notice, before the date the leave is to begin, of the

employee's intention to take leave under such subparagraph,

except that if the date of the treatment requires leave to begin

in less than 30 days, the employee shall provide such notice as

is practicable.

-SOURCE-

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107

Stat. 20.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6383, 6384, 6386 of this

title; title 2 section 1371.

-CITE-

5 USC Sec. 6383 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 6383. Certification

-STATUTE-

(a) An employing agency may require that a request for leave

under subparagraph (C) or (D) of section 6382(a)(1) be supported by

certification issued by the health care provider of the employee or

of the son, daughter, spouse, or parent of the employee, as

appropriate. The employee shall provide, in a timely manner, a

copy of such certification to the employing agency.

(b) A certification provided under subsection (a) shall be

sufficient if it states -

(1) the date on which the serious health condition commenced;

(2) the probable duration of the condition;

(3) the appropriate medical facts within the knowledge of the

health care provider regarding the condition;

(4)(A) for purposes of leave under section 6382(a)(1)(C), a

statement that the employee is needed to care for the son,

daughter, spouse, or parent, and an estimate of the amount of

time that such employee is needed to care for such son, daughter,

spouse, or parent; and

(B) for purposes of leave under section 6382(a)(1)(D), a

statement that the employee is unable to perform the functions of

the position of the employee; and

(5) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, for planned medical treatment,

the dates on which such treatment is expected to be given and the

duration of such treatment.

(c)(1) In any case in which the employing agency has reason to

doubt the validity of the certification provided under subsection

(a) for leave under subparagraph (C) or (D) of section 6382(a)(1),

the employing agency may require, at the expense of the agency,

that the employee obtain the opinion of a second health care

provider designated or approved by the employing agency concerning

any information certified under subsection (b) for such leave.

(2) Any health care provider designated or approved under

paragraph (1) shall not be employed on a regular basis by the

employing agency.

(d)(1) In any case in which the second opinion described in

subsection (c) differs from the original certification provided

under subsection (a), the employing agency may require, at the

expense of the agency, that the employee obtain the opinion of a

third health care provider designated or approved jointly by the

employing agency and the employee concerning the information

certified under subsection (b).

(2) The opinion of the third health care provider concerning the

information certified under subsection (b) shall be considered to

be final and shall be binding on the employing agency and the

employee.

(e) The employing agency may require, at the expense of the

agency, that the employee obtain subsequent recertifications on a

reasonable basis.

-SOURCE-

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107

Stat. 21.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6382 of this title; title

2 section 1371.

-CITE-

5 USC Sec. 6384 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 6384. Employment and benefits protection

-STATUTE-

(a) Any employee who takes leave under section 6382 for the

intended purpose of the leave shall be entitled, upon return from

such leave -

(1) to be restored by the employing agency to the position held

by the employee when the leave commenced; or

(2) to be restored to an equivalent position with equivalent

benefits, pay, status, and other terms and conditions of

employment.

(b) The taking of leave under section 6382 shall not result in

the loss of any employment benefit accrued prior to the date on

which the leave commenced.

(c) Except as otherwise provided by or under law, nothing in this

section shall be construed to entitle any restored employee to -

(1) the accrual of any employment benefits during any period of

leave; or

(2) any right, benefit, or position of employment other than

any right, benefit, or position to which the employee would have

been entitled had the employee not taken the leave.

(d) As a condition to restoration under subsection (a) for an

employee who takes leave under section 6382(a)(1)(D), the employing

agency may have a uniformly applied practice or policy that

requires each such employee to receive certification from the

health care provider of the employee that the employee is able to

resume work.

(e) Nothing in this section shall be construed to prohibit an

employing agency from requiring an employee on leave under section

6382 to report periodically to the employing agency on the status

and intention of the employee to return to work.

-SOURCE-

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107

Stat. 22.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC Sec. 6385 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 6385. Prohibition of coercion

-STATUTE-

(a) An employee shall not directly or indirectly intimidate,

threaten, or coerce, or attempt to intimidate, threaten, or coerce,

any other employee for the purpose of interfering with the exercise

of any rights which such other employee may have under this

subchapter.

(b) For the purpose of this section -

(1) the term ''intimidate, threaten, or coerce'' includes

promising to confer or conferring any benefit (such as

appointment, promotion, or compensation), or taking or

threatening to take any reprisal (such as deprivation of

appointment, promotion, or compensation); and

(2) the term ''employee'' means any ''employee'', as defined by

section 2105.

-SOURCE-

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107

Stat. 22.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC Sec. 6386 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 6386. Health insurance

-STATUTE-

An employee enrolled in a health benefits plan under chapter 89

who is placed in a leave status under section 6382 may elect to

continue the health benefits enrollment of the employee while in

such leave status and arrange to pay currently into the Employees

Health Benefits Fund (described in section 8909), the appropriate

employee contributions.

-SOURCE-

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107

Stat. 23.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC Sec. 6387 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER V - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 6387. Regulations

-STATUTE-

The Office of Personnel Management shall prescribe regulations

necessary for the administration of this subchapter. The

regulations prescribed under this subchapter shall, to the extent

appropriate, be consistent with the regulations prescribed by the

Secretary of Labor to carry out title I of the Family and Medical

Leave Act of 1993.

-SOURCE-

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107

Stat. 23.)

-REFTEXT-

REFERENCES IN TEXT

The Family and Medical Leave Act of 1993, referred to in text, is

Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6. Title I of the Act is

classified generally to subchapter I (Sec. 2611 et seq.) of chapter

28 of Title 29, Labor. For complete classification of this Act to

the Code, see Short Title note set out under section 2601 of Title

29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC SUBCHAPTER VI - LEAVE TRANSFER IN DISASTERS AND

EMERGENCIES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER VI - LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

.

-HEAD-

SUBCHAPTER VI - LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

-CITE-

5 USC Sec. 6391 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 63 - LEAVE

SUBCHAPTER VI - LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

-HEAD-

Sec. 6391. Authority for leave transfer program in disasters and

emergencies

-STATUTE-

(a) For the purpose of this section -

(1) ''employee'' means an employee as defined in section

6331(1); and

(2) ''agency'' means an Executive agency.

(b) In the event of a major disaster or emergency, as declared by

the President, that results in severe adverse effects for a

substantial number of employees, the President may direct the

Office of Personnel Management to establish an emergency leave

transfer program under which any employee in any agency may donate

unused annual leave for transfer to employees of the same or other

agencies who are adversely affected by such disaster or emergency.

(c) The Office shall establish appropriate requirements for the

operation of the emergency leave transfer program under subsection

(b), including appropriate limitations on the donation and use of

annual leave under the program. An employee may receive and use

leave under the program without regard to any requirement that any

annual leave and sick leave to a leave recipient's credit must be

exhausted before any transferred annual leave may be used.

(d) A leave bank established under subchapter IV may, to the

extent provided in regulations prescribed by the Office, donate

annual leave to the emergency leave transfer program established

under subsection (b).

(e) Except to the extent that the Office may prescribe by

regulation, nothing in section 7351 shall apply to any

solicitation, donation, or acceptance of leave under this section.

(f) The Office shall prescribe regulations necessary for the

administration of this section.

-SOURCE-

(Added Pub. L. 105-18, title II, Sec. 9004(a), June 12, 1997, 111

Stat. 196.)

-CITE-

5 USC Subpart F - Labor-Management and Employee

Relations 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

.

-HEAD-

Subpart F - Labor-Management and Employee Relations

-CITE-