I 

112TH CONGRESS 

1ST SESSION H. R. 3028 

To amend title 5, United States Code, to permit the transfer of sick leave 

in leave-transfer programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. MORAN (for himself, Mr. WOLF, Mr. CONNOLLY of Virginia, Mr. VAN

HOLLEN, and Mr. SARBANES) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to permit the transfer 

of sick leave in leave-transfer programs, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Employees 

5 Leave Transfer Act of 2011’’. 

6 SEC. 2. AUTHORITY TO TRANSFER SICK LEAVE. 

7 (a) DIRECT TRANSFERS OF LEAVE.— 


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1 (1) IN GENERAL.—Subchapter III of chapter 

2 63 of title 5, United States Code, is amended by in3 serting after section 6338 the following: 

4 ‘‘§ 6338a. Sick leave 

5 ‘‘(a) The Office of Personnel Management shall by 

6 regulation modify the program established under the pre7 ceding provisions of this subchapter so as to permit, in 

8 addition to annual leave, the transfer and use of sick leave. 

9 ‘‘(b) To the extent feasible, the terms and conditions 

10 governing the transfer and use of sick leave under the reg11 ulations shall be the same as those governing the transfer 

12 and use of annual leave under the preceding provisions 

13 of this subchapter, subject to the following: 

14 ‘‘(1) Sick leave may not be transferred or used 

15 in connection with any purpose for which accrued 

16 sick leave could not be used by the leave recipient 

17 under subchapter I. 

18 ‘‘(2) Sick leave received under this sub19 chapter— 

20 ‘‘(A) may not be used before the exhaus21 tion requirement under section 6333(b) has 

22 been met; and 

23 ‘‘(B) shall not (for restoration purposes, if 

24 applicable) be considered to have been used beVerDate Mar 15 2010 03:20 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3028.IH H3028

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1 fore all transferred annual leave has been ex2 hausted. 

3 ‘‘(3) Nothing in this section shall affect the 

4 maximum amount of sick leave or annual leave 

5 which may be accrued by a leave recipient while 

6 using any leave received under this subchapter in 

7 connection with a particular medical emergency. 

8 ‘‘(4) An employee who donates sick leave pursu9 ant to this section shall not be conferred any benefit 

10 (including an appointment, promotion, or compensa11 tion) in connection with such donation.’’. 

12 (2) TECHNICAL AND CONFORMING AMEND13 MENTS.— 

14 (A) PROHIBITION OF COERCION.—Section 

15 6338(a) of title 5, United States Code, is 

16 amended by striking ‘‘annual leave’’ and insert17 ing ‘‘annual or sick leave’’. 

18 (B) EXCEPTED AGENCIES.—Section 

19 6339(b)(1) of such title is amended— 

20 (i) by striking ‘‘annual leave accrued’’ 

21 and inserting ‘‘annual or sick leave ac22 crued’’; and 

23 (ii) by striking ‘‘annual leave account’’ 

24 and inserting ‘‘annual or sick leave account 

25 (as applicable)’’. 


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1 (C) TABLE OF CONTENTS.—The table of 

2 sections for chapter 63 of title 5, United States 

3 Code, is amended by inserting after the item re4 lating to section 6338 the following: 

‘‘6338a. Sick leave.’’. 

5 (b) LEAVE BANK PROGRAM.— 

6 (1) IN GENERAL.—Subchapter IV of chapter 63 

7 of title 5, United States Code, is amended by insert8 ing after section 6371 the following: 

9 ‘‘§ 6371a. Sick leave 

10 ‘‘(a) The Office of Personnel Management shall by 

11 regulation modify the program established under the pre12 ceding provisions of this subchapter so as to permit, in 

13 addition to annual leave, the contribution and use of sick 

14 leave. 

15 ‘‘(b) To the extent feasible, the terms and conditions 

16 governing the contribution and use of sick leave under the 

17 regulations shall be the same as those governing the con18 tribution and use of annual leave under the preceding pro19 visions of this subchapter, subject to the following: 

20 ‘‘(1) Sick leave may not be used in connection 

21 with any purpose for which accrued sick leave could 

22 not be used by the leave recipient under subchapter 

23 I. 


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1 ‘‘(2) Sick leave may be contributed instead of 

2 annual leave in order to satisfy, in whole or in part, 

3 the requirements of section 6366(a)(2)(A). 

4 ‘‘(3) Sick leave received under this subchapter 

5 may not be used before the exhaustion requirement 

6 under section 6367(c) has been met. 

7 ‘‘(4) Nothing in this section shall affect the 

8 maximum amount of sick leave or annual leave 

9 which may be accrued by a leave recipient while 

10 using leave received under this subchapter in connec11 tion with a particular medical emergency. 

12 ‘‘(5) An employee who donates sick leave pursu13 ant to this section shall not be conferred any benefit 

14 (including an appointment, promotion, or compensa15 tion) in connection of such donation.’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENTS.— 

18 (A) PROHIBITION OF COERCION.—Section 

19 6370(a) of title 5, United States Code, is 

20 amended by striking ‘‘annual leave’’ and insert21 ing ‘‘annual or sick leave’’. 

22 (B) EXCEPTED AGENCIES.—Section 

23 6372(c)(1) of such title is amended by striking 

24 ‘‘annual leave accrued’’ and inserting ‘‘annual 

25 or sick leave accrued’’. 


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1 (C) TABLE OF CONTENTS.—The table of 

2 sections for chapter 63 of title 5, United States 

3 Code, is amended by inserting after the item re4 lating to section 6371 the following: 

‘‘6371a. Sick leave.’’. 

5 (c) EFFECTIVE DATE.—Regulations required to be 

6 prescribed by the Office of Personnel Management under 

7 the amendments made by this section shall become effec8 tive not later than 90 days after the date of enactment 

9 of such section. 

Æ 


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