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5 U.S.C. § 6306 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6306. Annual leave; refund of lump-sum payment; recredit of annual leave
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95–519, § 2, Oct. 25, 1978, 92 Stat. 1819.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 61b (3d–5th sentences).
Dec. 21, 1944, ch. 632, § 1 (1st proviso and so much of last sentence as precedes 2d proviso), 58 Stat. 845.
July 2, 1953, ch. 178, § 4(a) (2d–4th sentences), 67 Stat. 137.
Aug. 18, 1959, Pub. L. 86–168, § 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.
heading: Amendments
text: 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”.
heading: Effective Date of 1978 Amendments
text: 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.
5 U.S.C. § 6309 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 6309. Repealed. Pub. L. 94–183, § 2(26), Dec. 31, 1975, 89 Stat. 1058]
text: 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.
5 U.S.C. § 6310 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6310. Leave of absence; aliens
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521.)
text: 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, § 203 (g), 65 Stat. 681.
Sept. 6, 1960, Pub. L. 86–707. § 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.
5 U.S.C. § 6311 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6311. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 2065.
Oct. 30, 1951, ch. 631, § 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.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 6321 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6321. Absence of veterans to attend funeral services
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521.)
text: 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, § 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.
5 U.S.C. § 6324 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6324. Absence of certain police and firemen
(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 United States Secret Service Uniformed Division 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 Homeland Security for the United States Secret Service Uniformed Division.
(c) This section shall not apply to members of the United States Secret Service Uniformed Division who are covered under chapter 84 for the purpose of retirement benefits.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 90–623, § 1(18), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 94–183, § 2(28), (29), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 111–282, § 2(c), Oct. 15, 2010, 124 Stat. 3038.)
text: 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, § 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.
heading: Amendments
text: 2010—Subsec. (a). Pub. L. 111–282, § 2(c)(1), substituted “United States Secret Service Uniformed Division” for “Executive Protective Service force”.
Subsec. (b)(3). Pub. L. 111–282, § 2(c)(2), substituted “Homeland Security for the United States Secret Service Uniformed Division” for “the Treasury for the Executive Protective Service force”.
Subsec. (c). Pub. L. 111–282, § 2(c)(3), added subsec. (c).
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”.
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–282 effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as a note under section 5102 of this title.
heading: Effective Date of 1968 Amendment
text: 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.
heading: Transfer of Functions
text: 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, § 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.
5 U.S.C. § 6325 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6325. Absence resulting from hostile action abroad
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.
(Added Pub. L. 90–221, § 3(a), Dec. 23, 1967, 81 Stat. 671; amended Pub. L. 96–54, § 2(a)(41), Aug. 14, 1979, 93 Stat. 383; Pub. L. 99–399, title VIII, § 804, Aug. 27, 1986, 100 Stat. 883.)
heading: References in Text
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.
heading: Amendments
text: 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).
heading: Effective Date of 1979 Amendment
text: 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.
heading: Effective Date
text: Pub. L. 90–221, § 3(c), Dec. 23, 1967, 81 Stat. 671, 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.”
5 U.S.C. § 6326 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6326. Absence in connection with funerals of immediate relatives in the Armed Forces
(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.
(Added Pub. L. 90–588, § 1(a), Oct. 17, 1968, 82 Stat. 1151; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
heading: References in Text
text: Section 112 of the Internal Revenue Code, referred to in subsec. (a), is classified to section 112 of Title 26, Internal Revenue Code.
heading: Amendments
text: 1978—Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 6327 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6327. Absence in connection with serving as a bone-marrow or organ donor
(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.
(Added Pub. L. 103–329, title VI, § 629(a)(1), Sept. 30, 1994, 108 Stat. 2423; amended Pub. L. 106–56, § 1(b), Sept. 24, 1999, 113 Stat. 407.)
heading: Codification
text: Another section 6327 was renumbered section 6328 of this title.
heading: Amendments
text: 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.”
5 U.S.C. § 6328 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6328. Absence in connection with funerals of fellow Federal law enforcement officers
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.
(Added Pub. L. 103–329, title VI, § 642, Sept. 30, 1994, 108 Stat. 2432, § 6327; renumbered § 6328, Pub. L. 106–56, § 1(c)(1), Sept. 24, 1999, 113 Stat. 407.)
heading: Codification
text: 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.
heading: Amendments
text: 1999—Pub. L. 106–56 renumbered section 6327 of this title as this section.
5 U.S.C. § 6332 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6332. General authority
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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2834.)
5 U.S.C. § 6334 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6334. Donations of leave
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2835.)
5 U.S.C. § 6335 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6335. 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 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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2836.)
5 U.S.C. § 6336 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6336. Restoration of transferred leave
(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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2836.)
5 U.S.C. § 6338 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6338. 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. 2837.)
5 U.S.C. § 6340 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6340. Inapplicability of certain provisions
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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2838.)
5 U.S.C. § 6362 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6362. General authority
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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839; amended Pub. L. 103–103, § 5(b), Oct. 8, 1993, 107 Stat. 1023.)
heading: Amendments
text: 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.”
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. § 6363 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6363. Establishment of leave banks
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.
(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839.)