Federal Employees Leave Sharing Act of 1988
PL 100-566 (H.R.3757), enacted 10/31/1988

102 STAT. 2834 
PUBLIC LAW 100-566—OCT. 31, 1988 
Public Law 100-566 
100th Congress 
An Act 
Oct. 31, 1988 
To amend title 5, United States Code, to permit voluntary transfers of leave by 
Federal employees where needed because of a medical or other emergency 
[H.R. 3757] 
situation. 
Federal 
Employees 
Leave Sharing 
Act of 1988. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Federal Employees Leave Sharing 
Act of 1988". 
SEC. 2. VOLUNTARY TRANSFERS OF LEAVE. 
(a) IN GENERAL.—Chapter 63 of title 5, United States Code, is 
amended by adding at the end thereof the following new 
subchapters: 
"SUBCHAPTER III—VOLUNTARY TRANSFERS OF LEAVE 
"§ 6331. Definitions 
"For the purpose of this subchapter— 
"(1) the term 'employee' means an employee as defined by 
section 6301(2), excluding an individual employed by the govern-
ment of the District of Columbia; 
"(2) the term 'leave recipient' means an employee whose 
application to receive donations of leave under this subchapter 
is approved; 
"(3) the term 'leave donor' means an employee whose applica-
tion to make 1 or more donations of leave under this subchapter 
is approved; and 
"(4) 'medical emergency' means a medical condition of an 
employee or a family member of such employee that is likely to 
require the prolonged absence of such employee from duty and 
to result in a substantial loss of income to such employee 
because of the unavailability of paid leave. 
"§ 6332. General authority 
"Notwithstanding any provision of subchapter I, and subject to 
the provisions of this subchapter, the Office of Personnel Manage-
ment 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. 
"§ 6333. Receipt and use of transferred leave 
"(a)(1) An application to receive donations of leave under this 
subchapter, whether submitted by or on behalf of an employee— 
"(A) shall be submitted to the employing agency of the pro-
posed leave recipient; and 
"(B) shall include— 
PUBLIC LAW 100-566—OCT. 31, 1988 
102 STAT. 2835 
"(i) the name, position title, and grade or pay level of the 
proposed leave recipient; 
"(ii) the reasons why transferred leave is needed, includ-
ing a brief description of the nature, severity, anticipated 
duration, and, if it is a recurring one, the approximate 
frequency of the medical emergency involved; 
"(iii) if the employing agency so requires, certification 
from 1 or more physicians, or other appropriate experts, ' 
with respect to any matter under clause (ii); and 
"(iv) any other information which the employing agency 
may reasonably require. 
"(2) If an agency requires that an employee obtain certification 
under paragraph (IXBXiii) 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. 
"(3) An employing agency shall approve or disapprove an applica-
tion of a proposed leave recipient for leave under this subchapter, 
and, to the extent practicable, shall notify the proposed leave recipi-
ent (or other person acting on behalf of the proposed recipient, if 
appropriate) of the decision of the agency, in writing, within 10 days 
(excluding Saturdays, Sundays, and legal public holidays) after 
receiving such application. 
"(b) A leave recipient may use annual leave received under this 
subchapter in the same manner and for the same purposes as if such 
leave recipient had accrued that leave under section 6303, except 
that any annual leave, and any sick leave, accrued or accumulated 
by the leave recipient and available for the purpose involved must 
be exhausted before any transferred annual leave may be used. 
"(c) 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. 
"§ 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. 
"(bXD 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 limita-
tion under paragraphs (1) and (2). Any such waiver shall be made in 
writing. 
102 STAT. 2836 
PUBLIC LAW 100-566—OCT. 31, 1988 
Regulations. 
"(c) The Office of Personnel Management shall prescribe regula-
tions to include procedures to carry out this subchapter when the 
leave donor and the leave recipient are employed by different 
agencies. 
"§ 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 per-
mitted 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. 
"§ 6336. Restoration of transferred leave 
"(a)(1) The Office of Personnel Management shall establish proce-
dures under which, except as provided in paragraph (2), any trans-
ferred 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 
A 
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 other-
wise 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 
b y -
"(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). 
PUBLIC LAW 100-566—OCT. 31, 1988 
102 STAT. 2837 
"(c) The Office shall prescribe regulations under which this sec- Regulations. 
tion 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. 
"§ 6337. Accrual of leave 
"(a) For the purpose of this section— 
"(1) the term 'paid leave status under subchapter Y, as used 
with respect to an employee, means the administrative status of 
such employee while such employee is using sick leave, or 
annual leave, accrued or accumulated under subchapter I; and 
"(2) the term 'transferred leave status', as used with respect 
to an employee, means the administrative status of such em-
ployee while such employee is using transferred leave under 
this subchapter. 
"(bXl) Except as otherwise provided in this section, while an 
employee is in a transferred leave status, annual leave and sick 
leave shall accrue to the credit of such employee at the same rate as 
if such employee were then in a paid leave status under subchapter 
I, except that— 
"(A) the maximum amount of annual leave which may be 
accrued by an employee while in transferred leave status in 
connection with any particular medical emergency may not 
exceed 5 days; and 
"(B) the maximum amount of sick leave which may be ac-
crued by an employee while in transferred leave status in 
connection with any particular medical emergency may not 
exceed 5 days. 
"(2) Any annual or sick leave accrued by an employee under this 
section— 
"(A) shall be credited to an annual leave or sick leave ac-
count, as appropriate, separate from any leave account of such 
employee under subchapter I; and 
"(B) shall not become available for use by such employee, and 
may not otherwise be taken into account under subchapter I, 
until, in accordance with subsection (c), it is transferred to the 
appropriate leave account of such employee under subchapter I. 
"(cXD Any annual or sick leave accrued by an employee under 
this section shall be transferred to the appropriate leave account of 
such employee under subchapter I, effective as of the beginning of 
the first applicable pay period beginning after the date on which the 
employee's medical emergency terminates as described in paragraph 
(1) or (2) of section 6335(a). 
"(2) If the employee's medical emergency terminates as described 
in section 6335(aX3), no leave shall be credited to such employee 
under this section. 
"§ 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, receiv-
ing, 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 
102 STAT. 2838 
PUBLIC LAW 100-566—OCT. 31, 1988 
benefit (such as an appointment, promotion, or compensation), or 
effecting or threatening to effect any reprisal (such as deprivation of 
appointment, promotion, or compensation). 
"§ 6339. Additional leave transfer programs 
"(a) For the purpose of this section— 
"(1) the term 'excepted agency' means— 
"(A) the Central Intelligence Agency; 
"(B) the Defense Intelligence Agency; 
"(C) the National Security Agency; 
"(D) the Federal Bureau of Investigation; and 
"(E) as determined by the President, any Executive 
agency or unit thereof, the principal function of which is 
the conduct of foreign intelligence or counterintelligence 
activities; and 
"(2) the term 'head of an excepted agency' means— 
"(A) with respect to the Central Intelligence Agency, the 
Director of Central Intelligence; 
"(B) with respect to the Defense Intelligence Agency, the 
Director of the Defense Intelligence Agency; 
"(C) with respect to the National Security Agency, the 
Director of the National Security Agency; 
"(D) with respect to the Federal Bureau of Investigation, 
the Director of the Federal Bureau of Investigation; and 
"(E) with respect to an Executive agency designated 
under paragraph (1)(E), the head of such Executive agency, 
and with respect to a unit of an Executive agency des-
ignated under paragraph (IKE), such individual as the 
President may determine. 
"(b) Notwithstanding any other provision of this subchapter, nei-
ther an excepted agency nor any individual employed in or under an 
excepted agency may be included in a leave transfer program 
established under any of the preceding provisions of this subchapter. 
Regulations. 
"(c)(1) The head of an excepted agency shall, by regulation, estab-
lish a program under which annual leave accrued or accumulated by 
an employee of such agency may be transferred to the annual leave 
account of any other employee of such agency if such other em-
ployee requires additional leave 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— 
"(A) in a manner consistent with the provisions of this sub-
chapter applicable to the program; and 
"(B) without regard to any provisions relating to transfers or 
restorations of leave between employees in different agencies. 
"(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. 
"§ 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. 
PUBLIC LAW 100-566—OCT. 31, 1988 
102 STAT. 2839 
"SUBCHAPTER IV—VOLUNTARY LEAVE BANK PROGRAM 
"§ 6361. Definitions 
"For the purpose of this subchapter the term— 
"(1) 'employee' means an employee as defined by section 
6801(2), but shall exclude any individual employed by the 
government of the District of Columbia; 
"(2) 'executive agency' means any executive agency or any 
administrative unit thereof; 
"(3) 'leave bank' means a leave bank established under sec-
tion 6363; 
"(4) 'leave contributor' means an employee who contributes 
leave to an agency leave bank under section 6365; 
"(5) 'leave recipient' means an employee whose application 
under section 6367 to receive contributions of leave from a leave 
bank is approved; and 
"(6) 'medical emergency' means a medical condition of an 
employee or a family member of such employee that is likely to 
require the prolonged absence of such employee from duty and 
to result in a substantial loss of income to such employee 
because of the unavailability of paid leave. 
"§ 6362. General authority 
"(a) Notwithstanding any provision of subchapter I, and subject to 
the provisions of this subchapter, the Office of Personnel Manage-
ment 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 employ-
ing 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. 
"(b) To test voluntary leave bank programs under the provisions 
of this subchapter, the Office of Personnel Maneigement shall estab-
lish 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. 
"§ 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. 
"§ 6364. Establishment of Leave Bank Boards 
"(aXD 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 admin-
ister the leave bank under the provisions of this subchapter, in 
consultation with the Office of Personnel Management. 
102 STAT. 2840 
PUBLIC LAW 100-566—OCT. 31, 1988 
"(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. 
"§ 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 contribu-
tion) 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. 
Regulations. 
"(d) The Office of Personnel Management shall prescribe regula-
tions establishing an open enrollment period during which an em-
ployee may contribute leave under subsection (a) for a leave year. 
"§ 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 applica-
tion pursuant to section 6367(a); and 
"(2XA) 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). 
t.-f-Pi' -tfrft^lrS. 
PUBLIC LAW 100-566—OCT. 31, 1988 
102 STAT. 2841 
"(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 mini-
mum 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 mini-
mum 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). 
"§ 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 pur-
poses as if such leave recipient had accrued such leave under section 
102 STAT. 2842 
PUBLIC LAW 100-566—OCT. 31, 1988 
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. 
"§ 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. 
"Ot)Xl) The Leave Bank Board of a recipient shall, consistent with 
guidelines prescribed by the Office of Personnel Management, estab-
lish 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. 
"§ 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. 
"§ 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, receiv-
ing, 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). 
PUBLIC LAW 100-566—OCT. 31, 1988 
102 STAT. 2843 
"§ 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. 
"§ 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(aX2) of this 
title. 
"(b) Notwithstanding any other provision of this subchapter, nei-
ther an excepted agency nor any individual employed in or under an 
excepted agency may be included in a leave bank program estab-
lished under any of the preceding provisions of this subchapter. 
"(c)(1) The head of an excepted agency may, by regulation, estab-
lish 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. 
"§ 6373. Limitation on employee participation 
"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.". 
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
63 of title 5, United States Code, is amended by adding at the end 
thereof the following: 
"SUBCHAPTER III-VOLUNTARY TRANSFERS OF LEAVE 
"Sec. 
"633L Definitions. 
"6332. General authority. 
"6333. Receipt and use of transferred leave. 
"6334. Donations of leave. 
"6335. Termination of medical emergency. 
"6336. Restoration of transferred leave. 
"6337. Accrual of leave. 
"6338. Prohibition of coercion. 
"6339. Additional leave transfer programs. 
"6340. Inapplicability of certain provisions. 
"SUBCHAPTER IV—VOLUNTARY LEAVE BANK PROGRAM 
"6361. Definitions. 
"6362. General authority. 
"6363. Establishment of leave banks. 
"6364. Establishment of Leave Bank Boards. 
"6365. Contributions of annual leave. 
102 STAT. 2844 
PUBLIC LAW 100-566—OCT. 31, 1988 
"6366. Eligibility for leave recipients. 
"6367. Receipt and use of leave from a leave bank. 
"6368. Termination of medical emergency. 
"6369. Restoration of transferred leave. 
"6370. Prohibition of coercion. 
"6371. Accrual of leave. 
"6372. Additional leave bank programs. 
"6373. Limitation on employee participation.". 
(c) IMPLEMENTATION OF LEAVE TRANSFER AND LEAVE BANK PRO-
Regulations. 
GRAMS.—(1) No later than 3 months after the date of the enactment 
of this Act, the Office of Personnel Management shall prescribe 
regulations to implement leave transfer programs pursuant to the 
amendments made by this Act. 
(2) No later than 6 months after the date of the enactment of this 
Act— 
(A) the head of each agency involved under sections 6332 and 
6339 of title 5, United States Code, shall establish and begin 
operating a leave transfer program in accordance with ap-
plicable provisions of subchapter III of chapter 63 of title 5, 
United States Code, and applicable regulations prescribed by 
the Office; and 
Regulations. 
^ 
(B) the Office of Personnel Management shall prescribe regu-
lations to implement leave bank programs pursuant to the 
amendments made by this Act. 
(3) No later than 9 months after the date of the enactment of this 
Act, the head of each agency involved under section 6362 of title 5, 
United States Code, shall establish and begin operating a leave bank 
in accordance with subchapter IV of chapter 63 of title 5, United 
States Code, and applicable regulations prescribed by the Office. 
(d) TERMINATION OF LEAVE TRANSFER AND LEAVE BANK PROGRAMS 
AFTER 5 YEARS.—(1)(A) Subchapters III and IV of chapter 63 of title 
5, United States Code, are repealed effective 5 years after the date of 
the enactment of this Act. 
(B) The table of sections for subchapter III and the table of 
sections for subchapter IV of chapter 63 of title 5, United States 
Code, are repealed effective 5 years after the date of the enactment 
of this Act. 
(2) If a leave transfer program under subchapter III of chapter 63 
of title 5, United States Code, or the leave bank program under 
subchapter IV of such chapter, terminates before the termination of 
the medical emergency affecting a leave recipient under such pro-
gram, any leave which was transferred to the leave recipient before 
the termination of the program shall remain available for use 
(including by restoration to leave donors or leave contributors, as 
the case may be, and if applicable) as if the program had remained 
in effect. 
(3)(A) Any annual leave remaining in an agency's leave bank 
under subchapter IV of chapter 63 of title 5, United States Code, 
shall, upon the repeal of such subchapter be dispensed in accordance 
with subparagraph (B). 
(B) If there are any employees who, based on applications submit-
ted before the effective date of the repeal of such subchapter, are 
found (before, on, or after that date) to be eligible to receive leave in 
connection with any medical emergency, annual leave contributed 
to the leave bank before such date shall, until the last such emer-
gency has terminated, remain available for use by any such em-
ployee under the same terms and conditions as if the program had 
remained in effect. 
PUBLIC LAW 100-566—OCT. 31, 1988 
102 STAT. 2845 
(4) For the purpose of this subsection, "medical emergency", 
"leave recipient", "leave bank", and "employee" each has the mean-
ing given that term under subchapter III or subchapter IV of 
chapter 63 of title 5, United States Code, as applicable. 
(e) REPORT TO THE CONGRESS.—(1)(A) Within 2 years after the date 
of the enactment of this Act and again no later than 6 months 
before the scheduled termination date of any program under sub-
chapter III or subchapter IV of chapter 63 of title 5, United States 
Code (excluding any program under sections 6339 and 6372 of such 
chapter) the Office of Personnel Management shall submit a written 
report to the Congress with respect to the operations of such 
programs. 
(B) The Office of Personnel Management may require agencies to 
maintain such records and to provide such information as the Office 
may need to carry out subparagraph (A). 
(2) The excepted agencies that establish programs under sections 
6339 and 6372 of title 5, United States Code, shall report to the 
Congress on the operation of such programs within 2 years after the 
date of the enactment of this Act and again no later than 6 months 
before the scheduled termination of any such programs. 
(f) CONTINUATION OF TEMPORARY LEAVE TRANSFER PROGRAMS.— 
Any temporary program allowing for transfers of leave among 
officers or employees of the Federal Government may, if such 
program is being implemented with respect to an agency (or any 
unit thereof) as of the date of the enactment of this Act, continue to 
be implemented with respect to such agency (or unit), notwithstand-
ing any provision of law which would otherwise terminate the 
authority for such program, pending the commencement of a leave 
transfer program with respect to such agency pursuant to amend-
ments made by this Act. The Office of Personnel Management (or, in 
the case of a program established by another agency, such other 
agency) shall prescribe regulations to ensure that any leave which 
has been transferred to the credit of an officer or employee and 
which remains unused as of the date on which any such temporary 
program terminates (and a successor program commences pursuant 
to amendments made by this Act) shall not be lost by reason of that 
termination. 
SEC. 
3
. 
TRAVEL 
EXPENSES 
OF 
CAREER 
APPOINTEES. 
Section 5724(a)(3)(A) of title 5, United States Code, is amended by 
striking out "during the five years preceding eligibility to receive an 
annuity under subchapter III of chapter 83, or of chapter 84 of this 
title, and thereafter" and inserting in lieu thereof "during or after 
the five years preceding eligibility to receive an annuity under 
subchapter III of chapter 83, or of chapter 84 of this title". 
SEC. 4. EFFECTIVE DATE. 
Section 6 of the Civil Service Miscellaneous Amendments Act of 
1983 (Public Law 98-224; 98 Stat. 49) is amended by striking out 
"September 30, 1990," and inserting in lieu thereof "September 30, 
1995,". 
SEC. 5. DISABILITY FROM ASSASSINATION ATTEMPT. 
Section 8112 of title 5, United States Code, is amended— 
(1) by redesignating such section as subsection (a) of section 
8112; and 
(2) by adding at the end thereof the following new subsection: 
Records. 
Regulations. 
102 STAT. 2846 
PUBLIC LAW 100-566—OCT. 31, 1988 
"(b) The provisions of subsection (a) shall not apply to any em-
ployee whose disability is a result of an assault which occurs ciuring 
an assassination or attempted assassination of a Federal official 
described under section 351(a) or 1751(a) of title 18, and was sus-
tained in the performance of duty.". 
Approved October 31, 1988. 
LEGISLATIVE HISTORY—H.R. 3757 (S. 2140): 
HOUSE REPORTS: No. 100-519 (Comm. on Post Office and Civil Service). 
SENATE REPORTS: No. 100-437 accompanying S. 2140 (Comm. on Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 22, considered and passed House. 
Oct. 5, considered and passed Senate, amended. 
Oct. 12, House concurred in Senate amendment.