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103D CONGRESS

1ST SESSION H. R. 2052

To extend the provisions of title 5, United States Code, relating to leavetransfer programs for an additional 5 years, and to modify those programs to permit transfers of sick leave in addition to annual leave.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 1993

Mrs. MORELLA introduced the following bill; which was referred to the

Committee on Post Office and Civil Service

A BILL

To extend the provisions of title 5, United States Code,

relating to leave-transfer programs for an additional 5

years, and to modify those programs to permit transfers

of sick leave in addition to annual leave.

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 Sharing Act of 1993’’.

6 SEC. 2. EXTENSION OF PROGRAMS.

7 Section 2(d)(1) of the Federal Employees Leave

8 Sharing Act of 1988 (5 U.S.C. 6331 note) is amended
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1 by striking ‘‘5 years’’ each place it appears and inserting

2 ‘‘10 years’’.

3 SEC. 3. AUTHORITY TO TRANSFER SICK LEAVE.

4 (a) DIRECT TRANSFERS OF LEAVE.—

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

6 63 of title 5, United States Code, is amended by in7 serting after section 6338 the following:

8 ‘‘§ 6338a. Sick leave

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

10 regulation modify the program established under the pre11 ceding provisions of this subchapter so as to permit, in

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

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

14 governing the transfer and use of sick leave under the reg15 ulations shall be the same as those governing the transfer

16 and use of annual leave under the preceding provisions

17 of this subchapter, subject to the following:

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

19 in connection with any purpose for which accrued

20 sick leave could not be used by the leave recipient

21 under subchapter I.

22 ‘‘(2) Sick leave received under this sub23 chapter—
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1 ‘‘(A) may not be used before the exhaus2 tion requirement under section 6333(b) has

3 been met; and

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

5 applicable) be considered to have been used be6 fore all transferred annual leave has been ex7 hausted.

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

9 maximum amount of sick leave or annual leave

10 which may be accrued by a leave recipient while

11 using any leave received under this subchapter in

12 connection with a particular medical emergency.’’.

13 (2) TECHNICAL AND CONFORMING AMEND14 MENTS.—

15 (A) PROHIBITION OF COERCION.—Section

16 6338(a) of title 5, United States Code, is

17 amended by striking ‘‘annual leave’’ and insert18 ing ‘‘annual or sick leave’’.

19 (B) EXCEPTED AGENCIES.—Section

20 6339(c)(1) of title 5, United States Code, is

21 amended—

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

23 and inserting ‘‘annual or sick leave ac24 crued’’; and
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1 (ii) by striking ‘‘annual leave account’’

2 and inserting ‘‘annual or sick leave account

3 (as applicable)’’.

4 (b) LEAVE BANK PROGRAM.—

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

6 of title 5, United States Code, is amended by insert7 ing after section 6371 the following:

8 ‘‘§ 6371a. Sick leave

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

10 regulation modify the program established under the pre11 ceding provisions of this subchapter so as to permit, in

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

13 leave.

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

15 governing the contribution and use of sick leave under the

16 regulations shall be the same as those governing the con17 tribution and use of annual leave under the preceding pro18 visions of this subchapter, subject to the following:

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

20 with any purpose for which accrued sick leave could

21 not be used by the leave recipient under subchapter

22 I.

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

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

25 the requirements of section 6366(a)(2)(A).
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1 ‘‘(3) Sick leave received under this subchapter

2 may not be used before the exhaustion requirement

3 under section 6367(c) has been met.

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

5 maximum amount of sick leave or annual leave

6 which may be accrued by a leave recipient while

7 using leave received under this subchapter in connec8 tion with a particular medical emergency.’’.

9 (2) TECHNICAL AND CONFORMING AMEND10 MENTS.—

11 (A) PROHIBITION OF COERCION.—Section

12 6370(a) of title 5, United States Code, is

13 amended by striking ‘‘annual leave’’ and insert14 ing ‘‘annual or sick leave’’.

15 (B) EXCEPTED AGENCIES.—Section

16 6372(c)(1) of title 5, United States Code, is

17 amended by striking ‘‘annual leave accrued’’

18 and inserting ‘‘annual or sick leave accrued’’.

19 (c) TABLE OF CONTENTS.—The table of sections for

20 chapter 63 of title 5, United States Code, is amended—

21 (1) by inserting after the item relating to sec22 tion 6338 the following:

‘‘6338a. Sick leave.’’;

23 and

24 (2) by inserting after the item relating to sec25 tion 6371 the following:
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‘‘6371a. Sick leave.’’.

1 (d) EFFECTIVE DATE.—Regulations required to be

2 prescribed by the Office of Personnel Management under

3 the amendments made by this section shall become effec4 tive not later than January 31, 1994.

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