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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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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. § 6329c (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 6329c. Weather and safety leave
(a) Definitions.—
In this section—
(1) the term “agency”—
(A) means an Executive agency (as defined in section 105 of this title);
(B) includes the Department of Veterans Affairs; and
(C) does not include the Government Accountability Office; and
(2) the term “employee”—
(A) has the meaning given the term in section 2105; and
(B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.
(b) Leave for Weather and Safety Issues.—
An agency may approve the provision of leave under this section to an employee or a group of employees without loss of or reduction in the pay of the employee or employees, leave to which the employee or employees are otherwise entitled, or credit to the employee or employees for time or service only if the employee or group of employees is prevented from safely traveling to or performing work at an approved location due to—
(1) an act of God;
(2) a terrorist attack; or
(3) another condition that prevents the employee or group of employees from safely traveling to or performing work at an approved location.
(c) Records.—
An agency shall record leave provided under this section separately from leave authorized under any other provision of law.
(d) Regulations.—
Not later than 270 days after the date of enactment of this section, the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including—
(1) guidance to agencies regarding the appropriate purposes for providing leave under this section; and
(2) the proper recording of leave provided under this section.
(e) Relation to Other Laws.—
Notwithstanding subsection (a) of section 7421 of title 38, this section shall apply to an employee described in subsection (b) of that section.
(Added Pub. L. 114–328, div. A, title XI, § 1138(e)(1), Dec. 23, 2016, 130 Stat. 2469.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, subsec. (d), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
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: Editorial Notes
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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
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: Editorial Notes
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.
5 U.S.C. § 7102 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7102. Employees’ rights
Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right—
(1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and
(2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.
(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 7102, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, related to right of employees to petition Congress, prior to the general amendment of this chapter by Pub. L. 95–454. See section 7211 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
heading: Partial Suspension of Federal Service Labor-Management Relations
text: Par. (2) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(b) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title.
5 U.S.C. § 7106 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7106. Management rights
(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency—
(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and
(2) in accordance with applicable laws—
(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;
(C) with respect to filling positions, to make selections for appointments from—
(i) among properly ranked and certified candidates for promotion; or
(ii) any other appropriate source; and
(D) to take whatever actions may be necessary to carry out the agency mission during emergencies.
(b) Nothing in this section shall preclude any agency and any labor organization from negotiating—
(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
(2) procedures which management officials of the agency will observe in exercising any authority under this section; or
(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1198.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.