-CITE-
    5 USC CHAPTER 63 - LEAVE                                    01/03/2007

-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      Repealed.]                                            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.

-End-

-CITE-
    5 USC SUBCHAPTER I - ANNUAL AND SICK LEAVE                  01/03/2007

-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               

-End-

-CITE-
    5 USC Sec. 6301                                             01/03/2007

-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, Secs.
    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. 631,     
                     (b), (c)(1) (less        Sec. 202, 65 Stat. 679.    
                     last sentence).                                     
                                             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. L.      
                     (less applicability      86-91, Sec. 10(a) (less    
                     to the Federal           applicability to the       
                     Employees Pay Act of     Federal Employees Pay Act  
                     1945, as amended).       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.

-End-

-CITE-
    5 USC Sec. 6302                                             01/03/2007

-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. 631,     
                     (d), (e)).               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.

-End-

-CITE-
    5 USC Sec. 6303                                             01/03/2007

-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, and for all service which is
    creditable by virtue of subsection (e). 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.
      (e)(1) Not later than 180 days after the date of the enactment of
    this subsection, the Office of Personnel Management shall prescribe
    regulations under which, for purposes of determining years of
    service under subsection (a), credit shall, in the case of a newly
    appointed employee, be given for any prior service of such employee
    that would not otherwise be creditable for such purposes, if - 
        (A) such service - 
          (i) was performed in a position the duties of which directly
        relate to the duties of the position to which such employee is
        so appointed; and
          (ii) meets such other requirements as the Office may
        prescribe; and

        (B) in the judgment of the head of the appointing agency, the
      application of this subsection is necessary in order to achieve
      an important agency mission or performance goal.

      (2) Service described in paragraph (1) - 
        (A) shall be creditable, for the purposes described in
      paragraph (1), as of the effective date of the employee's
      appointment; and
        (B) shall not thereafter cease to be so creditable, unless the
      employee fails to complete a full year of continuous service with
      the agency.

      (3) An employee shall not be eligible for the application of
    paragraph (1) on the basis of any appointment if, within 90 days
    before the effective date of such appointment, such employee has
    held any position in the civil service.
      (f) Notwithstanding any other provision of this section, the rate
    of accrual of annual leave under subsection (a) shall be 1 day for
    each full biweekly pay period in the case of any employee who holds
    a position which is subject to - 
        (1) section 5376 or 5383; or
        (2) a pay system equivalent to either of the foregoing, as
      determined by the Office of Personnel Management.

-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; Pub. L. 108-411, title II, Sec. 202(a), (b),
    Oct. 30, 2004, 118 Stat. 2312.)

-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. 631,     
                     (b), (e), (i).           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. L.      
                     applicable to 5          88-448, Sec. 101 (as       
                     U.S.C. 2062(a)).         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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this subsection, referred to in
    subsec. (e)(1), is the date of enactment of Pub. L. 108-411, which
    was approved Oct. 30, 2004.

-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-411, Sec. 202(a)(2), inserted ",
    and for all service which is creditable by virtue of subsection
    (e)" before period at end of second sentence.
      Subsec. (e). Pub. L. 108-411, Sec. 202(a)(1), added subsec. (e).
      Subsec. (f). Pub. L. 108-411, Sec. 202(b), added subsec. (f).
      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 2004 AMENDMENT                 
      Pub. L. 108-411, title II, Sec. 202(c), Oct. 30, 2004, 118 Stat.
    2312, provided that: "None of the amendments made by subsection (a)
    [amending this section] shall apply in the case of any employee
    holding a position pursuant to an appointment made before the
    effective date of the regulations implementing such amendments."

                     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.

-End-

-CITE-
    5 USC Sec. 6304                                             01/03/2007

-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.

       RESTORATION OF ANNUAL LEAVE FOR CERTAIN DEPARTMENT OF DEFENSE
                                 EMPLOYEES
      Pub. L. 108-136, div. A, title XI, Sec. 1114, Nov. 24, 2003, 117
    Stat. 1635, provided that:
      "(a) Restoration of Annual Leave. - During the period October 1,
    1992, through December 31, 1997, all employees transferring from a
    closing or realigning Department of Defense installation or
    activity as defined under section 6304(d)(3) of title 5, United
    States Code, to another Department of Defense installation or
    activity - 
        "(1) may be deemed eligible by the Secretary of Defense for
      automatic restoration of forfeited annual leave under section
      6304(d)(3) of title 5, United States Code, during the year of
      transfer; and
        "(2) may be deemed by the Secretary of Defense to have used all
      forfeited annual leave properly restored under section 6304(d)(3)
      of title 5, United States Code, within the appropriate time
      limits, only if such restored annual leave was used by the
      employee or paid to the employee in the form of a lump sum
      payment under section 5551(a) of title 5, United States Code, by
      the last day of the 2001 leave year.
      "(b) Payment of Restored Annual Leave. - (1) On or after
    September 23, 1996, all employees transferring from a closing or
    realigning Department of Defense installation or activity as
    defined under section 6304(d)(3)(A) of title 5, United States Code,
    to another Department of Defense installation or activity who, upon
    transfer, were entitled to payment of a lump sum payment under
    section 5551(c) of title 5, United States Code, for forfeited
    annual leave properly restored under section 6304(d)(3) of title 5,
    United States Code - 
        "(A) may be paid only for any such restored annual leave
      currently remaining to their credit at the hourly rate payable on
      the date of transfer with appropriate back pay interest; and
        "(B) shall be deemed paid for all such restored annual leave to
      which that employee was entitled to payment upon transfer, but
      subsequently used or was otherwise paid for upon separation.
      "(2) This subsection shall take effect on the date of the
    enactment of this Act [Nov. 24, 2003]."

                            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.

-End-

-CITE-
    5 USC Sec. 6305                                             01/03/2007

-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,
    Secs. 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.

-End-

-CITE-
    5 USC Sec. 6306                                             01/03/2007

-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. 632,     
                     sentences).              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.

-End-

-CITE-
    5 USC Sec. 6307                                             01/03/2007

-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) (!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).

      (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.

-FOOTNOTE-
    (!1) So in original. Probably should be "(e)(1)".

-End-

-CITE-
    5 USC Sec. 6308                                             01/03/2007

-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
    Homeland Security, 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; Pub. L.
    109-241, title IX, Sec. 902(a)(3), July 11, 2006, 120 Stat. 566.)

-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                            
      2006 - Subsec. (b). Pub. L. 109-241 substituted "Secretary of
    Homeland Security" for "Secretary of Transportation".
      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.

-MISC2-
        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.

-End-

-CITE-
    5 USC Sec. 6309                                             01/03/2007

-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.

-MISC1-
    [Sec. 6309. Repealed. Pub. L. 94-183, Sec. 2(26), Dec. 31, 1975, 89
      Stat. 1058].
      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.

-End-

-CITE-
    5 USC Sec. 6310                                             01/03/2007

-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.

-End-

-CITE-
    5 USC Sec. 6311                                             01/03/2007

-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.

-End-

-CITE-
    5 USC Sec. 6312                                             01/03/2007

-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.

-MISC1-
                                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.

-End-

-CITE-
    5 USC SUBCHAPTER II - OTHER PAID LEAVE                      01/03/2007

-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                 

-End-

-CITE-
    5 USC Sec. 6321                                             01/03/2007

-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.

-End-

-CITE-
    5 USC Sec. 6322                                             01/03/2007

-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.

-End-

-CITE-
    5 USC Sec. 6323                                             01/03/2007

-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)(A) 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 - 
          (i) Federal service under section 331, 332, 333, or 12406 of
        title 10, or other provision of law, as applicable, or
          (ii) full-time military service for his State, the District
        of Columbia, the Commonwealth of Puerto Rico, or a territory of
        the United States; or

        (B) performs full-time military service as a result of a call
      or order to active duty in support of a contingency operation as
      defined in section 101(a)(13) of title 10;

    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) (!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 for participation in operations
    outside the United States, its territories and possessions.

      (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, Secs. 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; Pub. L. 108-136, div. A, title
    XI, Sec. 1113(a), Nov. 24, 2003, 117 Stat. 1635; Pub. L. 108-375,
    div. A, title V, Sec. 523, Oct. 28, 2004, 118 Stat. 1888.)

-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                            
      2004 - Subsec. (d)(1). Pub. L. 108-375 struck out "(other than
    active duty during a war or national emergency declared by the
    President or Congress)" before "for participation in".
      2003 - Subsec. (b)(2). Pub. L. 108-136 designated existing
    provisions as subpar. (A), redesignated former subpars. (A) and (B)
    as cls. (i) and (ii), respectively, of subpar. (A), and added
    subpar. (B).
      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, Secs. 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 2003 AMENDMENT                 
      Pub. L. 108-136, div. A, title XI, Sec. 1113(b), Nov. 24, 2003,
    117 Stat. 1635, provided that: "The amendments made by subsection
    (a) [amending this section] shall apply to military service
    performed on or after the date of the enactment of this Act [Nov.
    24, 2003]."

                     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."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    5 USC Sec. 6324                                             01/03/2007

-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 3056a of Title 18, Crimes and
    Criminal Procedure.

-MISC2-
                     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.

-End-

-CITE-
    5 USC Sec. 6325                                             01/03/2007

-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.

-MISC1-
                                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."

-End-

-CITE-
    5 USC Sec. 6326                                             01/03/2007

-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.

-MISC1-
                                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.

-End-

-CITE-
    5 USC Sec. 6327                                             01/03/2007

-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.

-MISC1-
                                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."

-End-

-CITE-
    5 USC Sec. 6328                                             01/03/2007

-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.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-56 renumbered section 6327 of this title as
    this section.

-End-

-CITE-
    5 USC SUBCHAPTER III - VOLUNTARY TRANSFERS OF LEAVE         01/03/2007

-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           

-End-

-CITE-
    5 USC Sec. 6331                                             01/03/2007

-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."

-End-

-CITE-
    5 USC Sec. 6332                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6333                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6334                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6335                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6336                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6337                                             01/03/2007

-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.

-End-

-CITE-
    5 USC Sec. 6338                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6339                                             01/03/2007

-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 Geospatial-Intelligence 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 Geospatial-Intelligence
        Agency, the Director of the National Geospatial-Intelligence
        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; Pub. L. 108-136, div. A, title IX,
    Sec. 921(g), Nov. 24, 2003, 117 Stat. 1570.)

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1)(E), (2)(E). Pub. L. 108-136 substituted
    "National Geospatial-Intelligence Agency" for "National Imagery and
    Mapping Agency" wherever appearing.
      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).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC2-
                     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.

-End-

-CITE-
    5 USC Sec. 6340                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC SUBCHAPTER IV - VOLUNTARY LEAVE BANK PROGRAM          01/03/2007

-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           

-End-

-CITE-
    5 USC Sec. 6361                                             01/03/2007

-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)."

-End-

-CITE-
    5 USC Sec. 6362                                             01/03/2007

-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.

-End-

-CITE-
    5 USC Sec. 6363                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6364                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6365                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6366                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6367                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6368                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6369                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6370                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6371                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6372                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6373                                             01/03/2007

-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.

-End-

-CITE-
    5 USC SUBCHAPTER V - FAMILY AND MEDICAL LEAVE               01/03/2007

-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              

-End-

-CITE-
    5 USC Sec. 6381                                             01/03/2007

-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 (!1) any individual employed on a temporary or
        intermittent basis, and any employee of the Government
        Accountability Office or the Library of Congress; and

          (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; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118
    Stat. 814.)

-MISC1-
                                AMENDMENTS                            
      2004 - Par. (1)(A). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

-End-

-CITE-
    5 USC Sec. 6382                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6383                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6384                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6385                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6386                                             01/03/2007

-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.)

-End-

-CITE-
    5 USC Sec. 6387                                             01/03/2007

-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.

-End-

-CITE-
    5 USC SUBCHAPTER VI - LEAVE TRANSFER IN DISASTERS AND
           EMERGENCIES                                     01/03/2007

-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    

-End-

-CITE-
    5 USC Sec. 6391                                             01/03/2007

-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) After consultation with the Administrative Office of the
    United States Courts, the Office of Personnel Management shall
    provide for the participation of employees in the judicial branch
    in any emergency leave transfer program under this section.
      (g) 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; amended Pub. L. 109-229, Sec. 1, May 31, 2006, 120 Stat.
    390.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (f), (g). Pub. L. 109-229 added subsec. (f) and
    redesignated former subsec. (f) as (g).

-End-

-CITE-
    5 USC Subpart F - Labor-Management and Employee Relations    01/03/2007 

-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

-End-