5 U.S.C. § 6304 | Annual leave; accumulation

(a)

section 6303 of this title Except as provided by subsections (b), (d), (e), (f), and (g) of this section, annual leave provided by , which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year.

(b)

Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year:

(1)

Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred.

(2)

Individuals employed locally but—

(A)

(i)

who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment;

(ii)

who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and

(iii)

whose conditions of employment provide for their return transportation to the United States or its territories or possessions including the Commonwealth of Puerto Rico; or

(B)

(i)

who were at the time of employment temporarily absent, for the purpose of travel or formal study, from the United States, or from their respective places of residence in its territories or possessions including the Commonwealth of Puerto Rico; and

(ii)

who, during the temporary absence, have maintained residence in the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment.

(3)

Individuals who are not normally residents of the area concerned and who are discharged from service in the armed forces to accept employment with an agency of the Government of the United States.

(c)

Annual leave in excess of the amount allowable—

(1)

under subsection (a) or (b) of this section which was accumulated under earlier statute; or

(2)

under subsection (a) of this section which was accumulated under subsection (b) of this section by an employee who becomes subject to subsection (a) of this section;

remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year, until the employee’s accumulated leave does not exceed the amount allowed under subsection (a) or (b) of this section, as appropriate.

(d)

(1)

Annual leave which is lost by operation of this section because of—

(A)

June 30, 1960 administrative error when the error causes a loss of annual leave otherwise accruable after ;

(B)

exigencies of the public business when the annual leave was scheduled in advance; or

(C)

sickness of the employee when the annual leave was scheduled in advance;

shall be restored to the employee.

(2)

section 5562(a) of this title section 5552(2) of this title Annual leave restored under paragraph (1) of this subsection, or under clause (2) of , 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 Office of Personnel Management. Leave credited under this paragraph but unused and still available to the employee under the regulations prescribed by the Office 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 .

(3)

(A)

Public Law 101–510 10 U.S.C. 2687October 1, 1992December 31, 1997 For the purpose of this subsection, the closure of, and any realignment with respect to, an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ; note) during any period, the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977, and the closure of any other installation of the Department of Defense, during the period beginning on , and ending on , shall be deemed to create an exigency of the public business and any leave that is lost by an employee of such installation by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).

(B)

section 2687 of title 10 For the purpose of subparagraph (A), the term “realignment” means a base realignment (as defined in subsection (e)(3) of ) that meets the requirements of subsection (a)(2) of such section.

(4)

(A)

For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone is an exigency of the public business for that employee. Any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).

(B)

As used in subparagraph (A)—

(i)

section 1580 of title 10 the term “Department of Defense emergency essential employee” means an employee of the Department of Defense who is designated under as an emergency essential employee; and

(ii)

the term “combat zone” has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.

(e)

June 30, 1960section 5551 of this title Annual leave otherwise accruable after , which is lost by operation of this section because of administrative error and which is not credited under subsection (d)(2) of this section because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within 3 years immediately following the date of discovery of the error. Payment shall be made by the agency of employment when the lump-sum payment provisions of last became applicable to the employee at the rate of basic pay in effect on the date the lump-sum provisions became applicable.

(f)

(1)

This subsection applies with respect to annual leave accrued by an individual while serving in—

(A)

a position in the Senior Executive Service;

(B)

a position in the Senior Foreign Service;

(C)

a position in the Defense Intelligence Senior Executive Service;

(D)

a position in the Senior Cryptologic Executive Service;

(E)

a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;

(F)

a position to which section 5376 applies;

(G)

section 1607(a) of title 10 a position designated under as an Intelligence Senior Level position; or

(H)

1 So in original. Two subpars. (H) have been enacted.

  a position in the Library of Congress the compensation for which is set at a rate equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314.

(H)

¹  a position in the United States Secret Service Uniformed Division at the rank of Deputy Chief, Assistant Chief, or Chief.

(2)

For purposes of applying any limitation on accumulation under this section with respect to any annual leave described in paragraph (1)—

(A)

“30 days” in subsection (a) shall be deemed to read “90 days”; and

(B)

“45 days” in subsection (b) shall be deemed to read “90 days”.

Pub. L. 89–554Sept. 6, 196680 Stat. 519 Pub. L. 93–181, § 3Dec. 14, 197387 Stat. 705 Pub. L. 95–454, title IV, § 410Oct. 13, 197892 Stat. 1173 Pub. L. 96–54, § 2(a)(39)Aug. 14, 197993 Stat. 383 Pub. L. 96–465, title II, § 2312(b)Oct. 17, 198094 Stat. 2166 Pub. L. 97–89, title VIII, § 802Dec. 4, 198195 Stat. 1161 Pub. L. 100–325, § 2(k)May 30, 1988102 Stat. 582 Pub. L. 102–378, § 2(53)Oct. 2, 1992106 Stat. 1354 Pub. L. 102–484, div. D, title XLIV, § 4434Oct. 23, 1992106 Stat. 2722 Pub. L. 103–337, div. A, title III, § 341(c)Oct. 5, 1994108 Stat. 2720 Pub. L. 103–356, title II, § 201(a)Oct. 13, 1994108 Stat. 3411 Pub. L. 105–261, div. A, title XI, § 1105Oct. 17, 1998112 Stat. 2142 Pub. L. 106–65, div. A, title XI, § 1103(a)Oct. 5, 1999113 Stat. 776 Pub. L. 110–181, div. A, title XI, § 1112Jan. 28, 2008122 Stat. 360 Pub. L. 111–68, div. A, title I, § 1404(1)Oct. 1, 2009123 Stat. 2038 Pub. L. 111–282, § 2(b)Oct. 15, 2010124 Stat. 3038(, , ; , , ; , title IX, § 906(a)(2), (3), , , 1224; , , ; , , ; , , ; , , ; , , ; , , ; , div. B, title XXVIII, § 2816(a), , , 3056; , , ; , , ; , , ; , , ; –(3), , ; , , .)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	5 U.S.C. 2062(c).	Oct. 30, 1951, ch. 631, § 203(c), 65 Stat. 680. July 2, 1953, ch. 178, § 3(a), 67 Stat. 137.
(b)	5 U.S.C. 2602(d).	Oct. 30, 1951, ch. 631, § 203(d), 65 Stat. 680. July 2, 1953, ch. 178, § 3(b), 67 Stat. 137.
		Sept. 6, 1960, Pub. L. 86–707, § 401 “(d)”, 74 Stat. 799.
(c)	5 U.S.C. 2066(a).	Oct. 30, 1951, ch. 631, § 208(a), 65 Stat. 682.
		July 2, 1953, ch. 178, § 3(c), 67 Stat. 137.

The words “Except as provided by subsection (b) of this section” are added to subsection (a), and the words “Notwithstanding the provisions of subsection (c)” in former section 2062(d) are omitted as unnecessary because of the exception added to subsection (a).

The words “full biweekly pay period” are substituted for “complete biweekly pay period” to conform to section 6303.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

Pub. L. 101–510Nov. 5, 1990104 Stat. 1808 section 2687 of Title 10The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (d)(3)(A), is part A of title XXIX of div. B of , , , which is set out as a note under , Armed Forces. For complete classification of this Act to the Code, see Tables.

section 112(c)(2) of Title 26Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (d)(4)(B)(ii), is classified to , Internal Revenue Code.

Amendments

Pub. L. 111–282, § 2(b)(1)2010—Subsec. (f)(1)(F). , which directed amendment of subpar. (F) by striking “or” after the semicolon, could not be executed because the word “or” did not appear.

Pub. L. 111–282, § 2(b)(2)Subsec. (f)(1)(G). , which directed substitution of “; or” for the period, could not be executed because there was no period.

Pub. L. 111–282, § 2(b)(3)Subsec. (f)(1)(H). , added subpar. (H) relating to a position in the United States Secret Service Uniformed Division.

Pub. L. 111–682009—Subsec. (f)(1)(H). added subpar. (H).

Pub. L. 110–1812008—Subsec. (f)(1). substituted “in—” for “in a position in—” in introductory provisions, inserted “a position in” before “the” in subpars. (A) to (E), struck out “or” at end of subpar. (D), substituted semicolon for period at end of subpar. (E), and added subpars. (F) and (G).

Pub. L. 106–651999—Subsec. (d)(4). added par. (4).

Pub. L. 105–2611998—Subsec. (d)(3)(A). inserted “the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977,” after “2687 note) during any period,”.

Pub. L. 103–337, § 2816(a)1994—Subsec. (d)(3). , designated existing provisions as subpar. (A), substituted “closure of, and any realignment with respect to,” for “closure of”, and added subpar. (B).

Pub. L. 103–337, § 341(c)Public Law 101–510 10 U.S.C. 2687, substituted “the closure of an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ; note) during any period, and the closure of any other installation” for “the closure of an installation”.

Pub. L. 103–356Subsec. (f). amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in—

“(1) the Senior Executive Service;

“(2) the Senior Foreign Service;

“(3) the Defense Intelligence Senior Executive Service;

“(4) the Senior Cryptologic Executive Service; or

“(5) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”

Pub. L. 102–4841992—Subsec. (d)(3). added par. (3).

Pub. L. 102–378Subsec. (e). substituted “date” for “date of” in last sentence.

Pub. L. 100–3251988—Subsec. (f)(5). added par. (5).

Pub. L. 97–891981—Subsec. (f). amended subsec. (f) generally, transferring from former subsec. (g) provisions excepting from the limitation on accumulation otherwise imposed by this section any annual leave accrued by members of the Senior Foreign Service and inserting provisions relating to annual leave accrued by individuals while serving in positions in the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service.

Pub. L. 97–89Subsec. (g). struck out subsec. (g). Provisions formerly set out in subsec. (g), relating to annual leave accrued by members of the Senior Foreign service, were incorporated in subsec. (f).

Pub. L. 96–465, § 2312(b)(1)1980—Subsec. (a). , inserted reference to subsec. (g).

Pub. L. 96–465, § 2312(b)(2)Subsec. (g). , added subsec. (g).

Pub. L. 96–541979—Subsec. (e). substituted “rate of basic pay” for “salary rate”.

Pub. L. 95–454, § 410(1)1978—Subsec. (a). , inserted reference to subsec. (f).

Pub. L. 95–454, § 906(a)(2)Subsec. (d)(2). , (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

Pub. L. 95–454, § 410(2)Subsec. (f). , added subsec. (f).

Pub. L. 93–181, § 3(1)1973—Subsec. (a). , substituted “subsections (b), (d), and (e) of this section” for “subsection (b) of this section”.

Pub. L. 93–181, § 3(2)Subsecs. (d), (e). , added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–282Oct. 15, 2010section 5 of Pub. L. 111–282 section 5102 of this titleAmendment by effective on first day of first pay period which begins after , see , set out as a note under .

Effective Date of 2009 Amendment

Pub. L. 111–68, div. A, title I, § 1404(4)Oct. 1, 2009123 Stat. 2038

Oct. 1, 2009“The amendments made by subsection (a) [probably means pars. (1) to (3), which amended this section] shall apply with respect to annual leave accrued during pay periods beginning after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1994 Amendments

Pub. L. 103–356, title II, § 201(a)Oct. 13, 1994108 Stat. 3411Oct. 13, 1994, , , provided that the amendment made by that section is effective on the first day of the first applicable pay period beginning after .

Pub. L. 103–337, div. B, title XXVIII, § 2816(b)Oct. 5, 1994108 Stat. 3056

section 6304 of title 5Oct. 5, 1994“The amendments made by subsection (a) [amending this section] shall apply only with respect to the restoration of annual leave of employees at military installations undergoing realignment if such leave is lost by operation of , United States Code, on or after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–89Oct. 1, 1981section 806 of Pub. L. 97–89 section 1621 of Title 10Amendment by effective , see , set out as an Effective Date note under , Armed Forces.

Effective Date of 1980 Amendment

Pub. L. 96–465Feb. 15, 1981section 2403 of Pub. L. 96–465 section 3901 of Title 22Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date of 1979 Amendment

Pub. L. 96–54July 12, 1979section 2(b) of Pub. L. 96–54 section 305 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

section 410 of Pub. L. 95–454Oct. 13, 1978Pub. L. 95–454 section 415 of Pub. L. 95–454 section 3131 of this titleAmendment by effective 9 months after , and congressional review of provisions of sections 401 through 412 of , see , set out as an Effective Date note under .

Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454 section 1101 of this titleAmendment by section 906(a)(2), (3) of effective 90 days after , see , set out as an Effective Date of 1978 Amendment note under .

Temporary Increase in Limitation on Accumulation of Annual Leave for Executive Branch Employees

Pub. L. 116–283, div. A, title XI, § 1111Jan. 1, 2021134 Stat. 3893

“(a)

In General .—

At the discretion of the Director of the Office of Personnel Management, annual leave provided to an Executive branch employee may accumulate for use in leave year 2021 in an amount equal to 125% of the maximum amount of annual leave permitted, but for this subsection, to accumulate for use in that leave year under the leave system covering such employee.

“(b)

Exclusion From Lump-sum Payment .—

Any annual leave accumulated pursuant to subsection (a) in excess of the maximum amount of annual leave permitted, but for this section, to accumulate for use in succeeding years shall not be included in any lump-sum payment for leave to an individual, including any lump-sum payment under section 5551 or 5552 of title 5, United States Code.

“(c)

Definitions .—

In this section—

“(1)

the term ‘agency’ means each agency, office, or other establishment in the executive branch of the Federal Government; and

“(2)

the term ‘Executive branch employee’—

“(A)

means—

“(i)

an employee of an agency;

“(ii)

an employee appointed under chapter 74 of title 38, United States Code, notwithstanding section 7421(a), section 7425(b), or any other provision of chapter 74 of such title; and

“(iii)

section 2101(1) of title 5 any other individual occupying a position in the civil service (as that term is defined in , United States Code) in the executive branch of the Federal Government; and

“(B)

does not include any individual occupying a position that is classified at or above the level of a Senior Executive Service position or the equivalent thereof.”

, , , provided that:

Restoration of Annual Leave for Certain Department of Defense Employees

Pub. L. 108–136, div. A, title XI, § 1114Nov. 24, 2003117 Stat. 1635

“(a)

Restoration of Annual Leave .—

October 1, 1992December 31, 1997section 6304(d)(3) of title 5During the period , through , all employees transferring from a closing or realigning Department of Defense installation or activity as defined under , United States Code, to another Department of Defense installation or activity—

“(1)

section 6304(d)(3) of title 5 may be deemed eligible by the Secretary of Defense for automatic restoration of forfeited annual leave under , United States Code, during the year of transfer; and

“(2)

section 6304(d)(3) of title 5 section 5551(a) of title 5 may be deemed by the Secretary of Defense to have used all forfeited annual leave properly restored under , United States Code, within the appropriate time limits, only if such restored annual leave was used by the employee or paid to the employee in the form of a lump sum payment under , United States Code, by the last day of the 2001 leave year.

“(b)

Payment of Restored Annual Leave .—

(1)

September 23, 1996section 6304(d)(3)(A) of title 5 section 5551(c) of title 5 section 6304(d)(3) of title 5 On or after , all employees transferring from a closing or realigning Department of Defense installation or activity as defined under , United States Code, to another Department of Defense installation or activity who, upon transfer, were entitled to payment of a lump sum payment under , United States Code, for forfeited annual leave properly restored under , United States Code—

“(A)

may be paid only for any such restored annual leave currently remaining to their credit at the hourly rate payable on the date of transfer with appropriate back pay interest; and

“(B)

shall be deemed paid for all such restored annual leave to which that employee was entitled to payment upon transfer, but subsequently used or was otherwise paid for upon separation.

“(2)

Nov. 24, 2003 This subsection shall take effect on the date of the enactment of this Act [].”

, , , provided that:

Use of Excess Leave

Pub. L. 103–356, title II, § 201(b)Oct. 13, 1994108 Stat. 3411

section 6304 of title 5“Notwithstanding the amendment made by subsection (a) [amending this section], in the case of an employee who, on the effective date of subsection (a) [see Effective Date of 1994 Amendments note above], is subject to subsection (f) of , United States Code, and who has to such employee’s credit annual leave in excess of the maximum accumulation otherwise permitted by subsection (a) or (b) of section 6304 (determined applying the amendment made by subsection (a)), such excess annual leave shall remain to the credit of the employee and be subject to reduction, in the same manner as provided in subsection (c) of section 6304.”

, , , provided that:

Lump-Sum Payment for Accrued Annual Leave to Former Employees

Pub. L. 93–181, § 5Dec. 14, 197387 Stat. 706June 30, 1960Dec. 14, 1973Dec. 14, 1973section 5551 of this title, , , provided that where former employees (other than former employees of Post Office Department or United States Postal Service) had accrued annual leave after , but had not been on the rolls on , and where annual leave thus accrued had been lost because of administrative error, such accrued annual leave was subject to credit and liquidation by lump-sum payment but only if a claim therefor was filed within three years after , with agency by which the employees had been employed when lump-sum payment provision of had last become applicable to them.

Pub. L. 93–181, § 6Dec. 14, 197387 Stat. 706June 30, 1960July 1, 1971Dec. 14, 1973Dec. 14, 1973section 5551 of this titleJune 30, 1960July 1, 1971Dec. 14, 1973Dec. 14, 1973, , , provided that where former employees of Post Office Department or United States Postal Service with prior civilian service with Post Office Department or other Federal agency had accrued annual leave after , and before , but had not on the rolls on , and where annual leave thus accrued had been lost because of administrative error, such accrued annual leave was subject to credit and liquidation by lump-sum payment, but only if a claim therefor was filed within three years after , with Postal Service, at salary rate in effect on date these employees had been employed when lump-sum payment provision of or comparable provisions of regulations of Postal Service had last become applicable to them. With respect to present employees of Postal Service who had prior Federal civilian service with Post Office Department or other Federal agency, annual leave which had accrued after , and before , but, because of administrative error had been lost, was subject to credit and liquidation by lump-sum payment only if a claim therefor was filed within three years of , with Postal Service, at salary rate in effect on .