dreamproit/uscode huggingface dataset:
5 U.S.C. § 6364 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6364. Establishment of Leave Bank Boards
(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;
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839.)
5 U.S.C. § 6365 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6365. Contributions of annual leave
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2840.)
5 U.S.C. § 6366 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6366. Eligibility for leave recipients
(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).
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2840.)
5 U.S.C. § 6367 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6367. Receipt and use of leave from a leave bank
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2841.)
5 U.S.C. § 6368 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6368. Termination of medical emergency
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2842.)
5 U.S.C. § 6369 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6369. Restoration of transferred leave
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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2842.)
5 U.S.C. § 6370 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6370. Prohibition of coercion
(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).
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2842.)
5 U.S.C. § 6371 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6371. Accrual of leave
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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2843.)
5 U.S.C. § 6372 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6372. Additional leave bank programs
(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)
(1) Except as provided in paragraph (2) and 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.
(2) Notwithstanding any other provision of law, the Director of the Federal Bureau of Investigation may authorize an individual employed by the Bureau to participate in a leave bank program administered by the Department of Justice under this subchapter if in the Director’s judgment such participation will not adversely affect the protection of intelligence sources and methods.
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2843; amended Pub. L. 112–87, title IV, § 432, Jan. 3, 2012, 125 Stat. 1894.)
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–87 amended subsec. (b) generally. Prior to amendment, subsec. (b) 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 bank program established under any of the preceding provisions of this subchapter.”
5 U.S.C. § 6373 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6373. Authority to participate in both programs
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2843; amended Pub. L. 103–103, § 5(a)(1), Oct. 8, 1993, 107 Stat. 1023.)
heading: Amendments
text: 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.”
heading: Effective Date of 1993 Amendment
text: 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.
5 U.S.C. § 6384 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6384. Employment and benefits protection
(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.
(Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 22.)
5 U.S.C. § 6385 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6385. Prohibition of coercion
(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.
(Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 22.)
5 U.S.C. § 6386 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6386. Health insurance
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.
(Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 23.)
5 U.S.C. § 6387 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6387. Regulations
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.
(Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 23.)
heading: References in Text
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 (§ 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.
5 U.S.C. § 6391 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6391. Authority for leave transfer program in disasters and emergencies
(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.
(Added Pub. L. 105–18, title II, § 9004(a), June 12, 1997, 111 Stat. 196; amended Pub. L. 109–229, § 1, May 31, 2006, 120 Stat. 390.)
heading: Amendments
text: 2006—Subsecs. (f), (g). Pub. L. 109–229 added subsec. (f) and redesignated former subsec. (f) as (g).
5 U.S.C. § 6502 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6502. Executive agencies telework requirement
(a) Telework Eligibility.—
(1) In general.—
Not later than 180 days after the date of enactment of this chapter, the head of each executive agency shall—
(A) establish a policy under which eligible employees of the agency may be authorized to telework;
(B) determine the eligibility for all employees of the agency to participate in telework; and
(C) notify all employees of the agency of their eligibility to telework.
(2) Limitation.—
An employee may not telework under a policy established under this section if—
(A) the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or
(B) the employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
(b) Participation.—
The policy described under subsection (a) shall—
(1) ensure that telework does not diminish employee performance or agency operations;
(2) require a written agreement that—
(A) is entered into between an agency manager and an employee authorized to telework, that outlines the specific work arrangement that is agreed to; and
(B) is mandatory in order for any employee to participate in telework;
(3) provide that an employee may not be authorized to telework if the performance of that employee does not comply with the terms of the written agreement between the agency manager and that employee;
(4) except in emergency situations as determined by the head of an agency, not apply to any employee of the agency whose official duties require on a daily basis (every work day)—
(A) direct handling of secure materials determined to be inappropriate for telework by the agency head; or
(B) on-site activity that cannot be handled remotely or at an alternate worksite; and
(5) be incorporated as part of the continuity of operations plans of the agency in the event of an emergency.
(Added Pub. L. 111–292, § 2(a), Dec. 9, 2010, 124 Stat. 3165.)
heading: References in Text
text: The date of enactment of this chapter, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 111–292, which was approved Dec. 9, 2010.
5 U.S.C. § 6503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6503. Training and monitoring
(a) In General.—
The head of each executive agency shall ensure that—
(1) an interactive telework training program is provided to—
(A) employees eligible to participate in the telework program of the agency; and
(B) all managers of teleworkers;
(2) except as provided under subsection (b), an employee has successfully completed the interactive telework training program before that employee enters into a written agreement to telework described under section 6502(b)(2);
(3) teleworkers and nonteleworkers are treated the same for purposes of—
(A) periodic appraisals of job performance of employees;
(B) training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees;
(C) work requirements; or
(D) other acts involving managerial discretion; and
(4) when determining what constitutes diminished employee performance, the agency shall consult the performance management guidelines of the Office of Personnel Management.
(b) Training Requirement Exemptions.—
The head of an executive agency may provide for an exemption from the training requirements under subsection (a), if the head of that agency determines that the training would be unnecessary because the employee is already teleworking under a work arrangement in effect before the date of enactment of this chapter.
(Added Pub. L. 111–292, § 2(a), Dec. 9, 2010, 124 Stat. 3166.)
heading: References in Text
text: The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 111–292, which was approved Dec. 9, 2010.