An Act to amend title 5, United States Code, to provide that annual leave lost by a Federal employee because of an unjustified or unwarranted personnel action shall be restored to the employee, and for other purposes.
PL 94-172 (H.R.7976), enacted 12/23/1975

PUBLIC LAW 94-172—DEC. 23, 1975 
89 STAT. 1025 
Public Law 94-172 
94th Congress 
An Act 
To amend title 5, United States Code, to provide that annual leave lost by a 
Federal employee because of an unjustified or unwarranted personnel action 
shall be restored to the employee, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) section 
5596(b) (2) of title 5, United States Code, relating to unjustified per-
sonnel actions, is amended to read as follows: 
"(2) for all purposes, is deemed to have performed service for 
the agency during that period except that— 
"(A) annual leave restored under this paragraph which is 
in excess of the maximum leave accumulation permitted by 
law" shall be credited to a separate leave account for the 
employee and shall be available for use by the employee 
within the time limits prescribed by regulations of the Civil 
Service Commission, and 
"(B) annual leave credited under subparagraph (A) of 
this paragraph but unused and still available to the employee 
under regulations prescribed by the Commission shall be 
included in the lump-sum payment under section 5551 or 
5552(1) of this title but may not be retained to the credit of 
the employee under section 5552(2) of this title.". 
(b) The amendment made by subsection (a) shall apply to any 
employee found, on or after March 30, 1966, to have undergone an 
unjustified or unwarranted personnel action the correction of which 
entitled or entitles such emplovee to the benefits provided under section 
5596 of title 5, United States Code. 
SEC. 2. With respect to former employee (except a former employee 
referred to in section 3 of this Act) who is not on the rolls on the date 
of tlie enactment of this Act, annual leave which was not credited 
under section 5596 of title 5, United States Code, because it w^as in an 
amount that would have caused the amount of leave to the employee's 
credit to exceed the maximum amount of the leave authorized for the 
employee by law or regulation, is subject to credit and liquidation by 
lump-sum payment only if a claim therefor is filed within three years 
immediately following the date of the enactment of this Act with 
the agency by which the employee was employed Avhen the lump-sum 
payment provisions of section 5551 of title 5, United States Code, 
last became applicable to such employee. Pa.yment shall be by that 
agency at the salary rate in effect on the date the lump-sum payment 
provisions became applicable. 
SKC. 3. (a) With respect to a former employee of the Post Office 
Department or a former employee of the United States Postal Servdce 
Avho had prior civilian service with the Post Office Department or other 
Federal agency, who is not on the rolls on the date of the enactment 
of this Act, annual leave which was accrued before July 1, 1971, but 
was not credited under section 5596 of title 5, United States Code, 
because it was in an amount that would have caused the amount of 
leave to his credit to exceed the maximum amount of the leave author-
ized for the employee by law or regulation, is subject to credit and 
Dec. 23, 1975 
[H.R. 7976] 
Federal 
employees. 
Annual leave 
restoration. 
5 u s e 5551, 
5552. 
5 u s e 5596 note. 
Former 
employees. 
5 u s e 5596 note. 
Former Postal 
employees. 
5 u s e 5596 note. 
89 STAT. 1026 
PUBLIC LAW 94-172—DEC. 23, 1975 
liquidation by lump-sum payment only if a claim therefor is filed 
within 3 years immediately following the date of enactment of this 
Act with the Postal Service. Payment shall be by the Postal Service 
at the salai-y rate in effect on the date the lump-sum payment pro-
visions of section 5551 of title 5, United States Code, or comparable 
provisions of regulations of the Postal Service, as appropriate, last 
became applicable to the former emploj^ee. 
Present Postal 
(b) With respect to a present employee of the Postal Service who 
employees. 
had prior Federal civilian service with the Post Office Department 
or other Federal agency, annual leave which was accrued before July 1, 
1971, but was not credited under section 5596 of title 5, United States 
Code, because it was in an amount that would have caused the amount 
of leave to the employee's credit to exceed the maximum amount of the 
leave authorized for the employee by law or regulation, is subject to 
credit and liquidation by lump-sum payment only if a claim therefor 
is filed with the Postal Service within three years immediately follow-
ing the date of the enactment of this Act. Payment shall be by the 
Postal Service at the salary rate in effect on the date of the enactment 
of this Act. 
Approved December 23, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-447 (Comm. on Post Office and Civil Service). 
SENATE REPORT No. 94-536 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Oct. 6, considered and passed House. 
Dec. 15, considered and passed Senate.