SUBCHAPTER I—ANNUAL AND SICK LEAVE
§6301. Definitions
For the purpose of this subchapter—
(1) "United States", when used in a geographical sense means the several States and the District of Columbia; and
(2) "employee" means—
(A) an employee as defined by
(B) an individual first employed by the government of the District of Columbia before October 1, 1987;
but does not include—
(i) a teacher or librarian of the public schools of the District of Columbia;
(ii) a part-time employee who does not have an established regular tour of duty during the administrative workweek;
(iii) a temporary employee engaged in construction work at an hourly rate;
(iv) an employee of the Panama Canal Commission when employed on the Isthmus of Panama;
(v) an employee of the Veterans Health Administration who is covered by a leave system established under
(vi) an employee of either House of Congress or of the two Houses;
(vii) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(viii) an alien employee who occupies a position outside the United States, except as provided by
(ix) a "teacher" or an individual holding a "teaching position" as defined by
(x) an officer in the executive branch or in the government of the District of Columbia who is appointed by the President and whose rate of basic pay exceeds the highest rate payable under
(xi) an officer in the executive branch or in the government of the District of Columbia who is designated by the President, except a postmaster, United States attorney, or United States marshal;
(xii) a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980); or
(xiii) an officer in the legislative or judicial branch who is appointed by the President.
Notwithstanding clauses (x)–(xii) of paragraph (2), the term "employee" includes any member of the Senior Foreign Service or any Foreign Service officer (other than a member or officer serving as chief of mission or in a position which requires appointment by and with the advice and consent of the Senate) and any member of the Foreign Service commissioned as a diplomatic or consular officer, or both, under section 312 of the Foreign Service Act of 1980.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (1) | Sept. 6, 1960, |
|
| (2) | Oct. 30, 1951, ch. 631, §202, July 2, 1953, ch. 178, §1 "(c)(1) (less last sentence)", |
|
| Sept. 6, 1960, |
||
| Aug. 21, 1964, |
||
| Aug. 21, 1964, |
||
| July 17, 1959, |
In paragraph (1), the words "when used in a geographical sense" are added for clarity.
In paragraph (2), the words "an employee as defined by
In paragraph (2)(ix), the words "as defined by
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
Section 102(a)(3) of the Foreign Service Act of 1980, referred to in par. (2)(xii), was redesignated section 102(3) of that Act by
Section 312 of the Foreign Service Act of 1980, referred to in text, is classified to
Amendments
2021—Par. (2)(B)(v).
1991—Par. (2)(v).
1986—Par. (2)(B).
1980—
Par. (2)(xii).
1979—Par. (2)(iv).
1978—Par. (2)(xiii).
1970—Par. (2)(ii).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Short Title of 1999 Amendment
Short Title of 1994 Amendment
Short Title of 1993 Amendment
Short Title of 1988 Amendment
Emergency Federal Employee Leave Fund
"(a)
"(b)
"(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;
"(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;
"(3) is caring for an individual who is subject to such an order or has been so advised;
"(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
"(5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions;
"(6) is experiencing any other substantially similar condition;
"(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or
"(8) is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization.
"(c)
"(1)
"(2)
"(A) shall be provided to an employee in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;
"(B) shall be paid at the same hourly rate as other leave payments; and
"(C) may not be provided to an employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee, or a proportionally equivalent biweekly limit for a part-time employee.
"(3)
"(A) is in addition to any other leave provided to an employee; and
"(B) may not be used by an employee concurrently with any other paid leave.
"(4)
"(d)
"(1) an individual in the executive branch for whom annual and sick leave is provided under subchapter I of
"(2) an individual employed by the United States Postal Service;
"(3) an individual employed by the Postal Regulatory Commission; and
"(4) an employee of the Public Defender Service for the District of Columbia and the District of Columbia Courts."
Employees of the District of Columbia
Executive Documents
Executive Order No. 10540
Ex. Ord. No. 10540, June 29, 1954, 19 F.R. 3983, which related to the designation of certain officers as exempt from the Annual and Sick Leave Act of 1951, was revoked by section 2–201 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under
§6302. General provisions
(a) The days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order.
(b) For the purpose of this subchapter an employee is deemed employed for a full biweekly pay period if he is employed during the days within that period, exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order, which fall within his basic administrative workweek.
(c) A part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this section and
(d) The annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe.
(e) If an officer excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, without a break in service, again becomes subject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his credit when he was excepted from this subchapter is deemed to have remained to his credit.
(f) An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments or to have the excess leave carried forward as a charge against later-accruing annual leave, unless repayment is waived under
(g) An employee who is being involuntarily separated from an agency due to a reduction in force or transfer of function under subchapter I of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(c) | Oct. 30, 1951, ch. 631, §205 (less (d)), |
|
| (d) | Oct. 30, 1951, ch. 631, §203(h), |
|
| (e) | July 2, 1953, ch. 178, §2(b), |
In subsection (d), the words "the head of the agency concerned" are substituted for "the heads of the various departments and independent establishments".
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
Amendments
1998—Subsec. (g).
1996—Subsec. (g).
1978—Subsec. (e).
1973—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Temporary Authority To Transfer Leave
Similar provisions were contained in the following acts:
Similar provisions were contained in the following prior appropriations act:
For provisions ratifying any actions of the Secretary of Veterans Affairs in carrying out section 618 of
§6303. Annual leave; accrual
(a) An employee is entitled to annual leave with pay which accrues as follows—
(1) one-half day for each full biweekly pay period for an employee with less than 3 years of service;
(2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and
(3) one day for each full biweekly pay period for an employee with 15 or more years of service.
In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods.
(b) Notwithstanding subsection (a) of this section, an employee whose current employment is limited to less than 90 days is entitled to annual leave under this subchapter only after being currently employed for a continuous period of 90 days under successive appointments without a break in service. After completing the 90-day period, the employee is entitled to be credited with the leave that would have accrued to him under subsection (a) of this section except for this subsection.
(c) A change in the rate of accrual of annual leave by an employee under this section takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.
(d) Leave granted under this subchapter is exclusive of time actually and necessarily occupied in going to or from a post of duty and time necessarily occupied awaiting transportation, in the case of an employee—
(1) to whom
(2) whose post of duty is outside the United States; and
(3) who returns on leave to the United States, or to his place of residence, which is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico.
This subsection does not apply to more than one period of leave in a prescribed tour of duty at a post outside the United States.
(e)(1) Not later than 180 days after the date of the enactment of this subsection, the Office of Personnel Management shall prescribe regulations under which, for purposes of determining years of service under subsection (a), credit shall, in the case of a newly appointed employee, be given for any prior service of such employee that would not otherwise be creditable for such purposes, if—
(A) such service—
(i) was performed in a position the duties of which directly relate to the duties of the position to which such employee is so appointed; and
(ii) meets such other requirements as the Office may prescribe; and
(B) in the judgment of the head of the appointing agency, the application of this subsection is necessary in order to achieve an important agency mission or performance goal.
(2) Service described in paragraph (1)—
(A) shall be creditable, for the purposes described in paragraph (1), as of the effective date of the employee's appointment; and
(B) shall not thereafter cease to be so creditable, unless the employee fails to complete a full year of continuous service with the agency.
(3) An employee shall not be eligible for the application of paragraph (1) on the basis of any appointment if, within 90 days before the effective date of such appointment, such employee has held any position in the civil service.
(f) Notwithstanding any other provision of this section, the rate of accrual of annual leave under subsection (a) shall be 1 day for each full biweekly pay period in the case of any employee who holds a position which is subject to—
(1) section 5376 or 5383; or
(2) a pay system equivalent to either of the foregoing, as determined by the Office of Personnel Management.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 30, 1951, ch. 631, §203(a), (b), (e), (i), |
||
| Sept. 6, 1960, |
||
| Aug. 19, 1964, |
||
| Aug. 19, 1964, |
In subsection (a), the words "Except as otherwise provided in this subsection" are omitted as unnecessary in view of the specific inclusion of the exception in the third sentence. The words "for the purposes of this subsection" are omitted as surplusage. The reference to "
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
The date of the enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of
Amendments
2004—Subsec. (a).
Subsec. (e).
Subsec. (f).
1992—Subsec. (a).
1991—Subsec. (a)(A)(ii).
1986—Subsec. (a).
1973—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Effective Date of 1992 Amendment
"(a)
"(b)
"(2) The amendments made by section 5(d) [amending
"(3) The amendments made by sections 2(13) and 2(17) [amending
"(4) The amendments made by sections 2(11), 2(19), 2(29), and 2(38) [amending
"(5) The amendments made by section 2(25) [amending
"(6) The provisions of section 8(a) and the amendments made by sections 2(57)(A), 2(60), 2(64), 2(67), 2(71), 2(75)(A), 3(1), 3(4), 3(6), and 5(a) [amending
"(7) The amendment made by section 2(52) [amending this section] shall be effective as of January 1, 1989, except that no amount shall become payable, as a result of the enactment of such amendment, under—
"(A) subchapter VI of
"(B)
"(8) The amendment made by section 2(69) [amending
"(9) The amendments made by sections 2(40), 2(41), 2(42), 2(43), and 3(5) [amending
"(10) The amendments made by section 2(28) [amending
"(11) The amendment made by section 2(49) [amending
"(12) The amendment made by section 5(e) [amending
Effective Date of 1986 Amendment
Amendment by
§6304. Annual leave; accumulation
(a) Except as provided by subsections (b), (d), (e), (f), and (g) of this section, annual leave provided by
(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) administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960;
(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) Annual leave restored under paragraph (1) of this subsection, or under clause (2) of
(3)(A) 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
(B) For the purpose of subparagraph (A), the term "realignment" means a base realignment (as defined in subsection (e)(3) of
(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) the term "Department of Defense emergency essential employee" means an employee of the Department of Defense who is designated under
(ii) the term "combat zone" has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.
(e) Annual leave otherwise accruable after June 30, 1960, 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
(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) a position designated under
(H) 1 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".
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Oct. 30, 1951, ch. 631, §203(c), |
|
| (b) | Oct. 30, 1951, ch. 631, §203(d), |
|
| Sept. 6, 1960, |
||
| (c) | Oct. 30, 1951, ch. 631, §208(a), |
|
| July 2, 1953, ch. 178, §3(c), |
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
The 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
Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (d)(4)(B)(ii), is classified to
Amendments
2010—Subsec. (f)(1)(F).
Subsec. (f)(1)(G).
Subsec. (f)(1)(H).
2009—Subsec. (f)(1)(H).
2008—Subsec. (f)(1).
1999—Subsec. (d)(4).
1998—Subsec. (d)(3)(A).
1994—Subsec. (d)(3).
Subsec. (f).
"(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."
1992—Subsec. (d)(3).
Subsec. (e).
1988—Subsec. (f)(5).
1981—Subsec. (f).
Subsec. (g).
1980—Subsec. (a).
Subsec. (g).
1979—Subsec. (e).
1978—Subsec. (a).
Subsec. (d)(2).
Subsec. (f).
1973—Subsec. (a).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2009 Amendment
Effective Date of 1994 Amendments
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 410 of
Amendment by section 906(a)(2), (3) of
Temporary Increase in Limitation on Accumulation of Annual Leave for Executive Branch Employees
"(a)
"(b)
"(c)
"(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
"(iii) any other individual occupying a position in the civil service (as that term is defined in
"(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."
Restoration of Annual Leave for Certain Department of Defense Employees
"(a)
"(1) may be deemed eligible by the Secretary of Defense for automatic restoration of forfeited annual leave under
"(2) may be deemed by the Secretary of Defense to have used all forfeited annual leave properly restored under
"(b)
"(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) This subsection shall take effect on the date of the enactment of this Act [Nov. 24, 2003]."
Use of Excess Leave
Lump-Sum Payment for Accrued Annual Leave to Former Employees
1 So in original. Two subpars. (H) have been enacted.
§6305. Home leave; leave for Chiefs of Missions; leave for crews of vessels
(a) After 24 months of continuous service outside the United States (or after a shorter period of such service if the employee's assignment is terminated for the convenience of the Government), an employee may be granted leave of absence, under regulations of the President, at a rate not to exceed 1 week for each 4 months of that service without regard to other leave provided by this subchapter. Leave so granted—
(1) is for use in the United States, or if the employee's place of residence is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico;
(2) accumulates for future use without regard to the limitation in
(3) may not be made the basis for terminal leave or for a lump-sum payment.
(b) The President may authorize leave of absence to a chief of mission excepted from this subchapter by
(c) An officer, crewmember, or other employee serving aboard an oceangoing vessel on an extended voyage may be granted leave of absence, under regulations of the Office of Personnel Management, at a rate not to exceed 2 days for each 30 calendar days of that service without regard to other leave provided by this subchapter. Leave so granted—
(1) accumulates for future use without regard to the limitation in
(2) may not be made the basis for a lump-sum payment, except that civil service mariners of the Military Sealift Command on temporary promotion aboard ship may be paid the difference between their temporary and permanent rates of pay for leave accrued under this section and section 6303 and not otherwise used during the temporary promotion upon the expiration or termination of the temporary promotion; and
(3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Office.
(d) With respect to an officer, crewmember, or other employee of the Department of Defense serving aboard an oceangoing vessel on an extended voyage, the first sentence in the matter preceding paragraph (1) of subsection (c) of this section shall be applied by substituting "7 calendar days" for "30 calendar days".
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Oct. 30, 1951, ch. 631, §203(f), |
|
| Sept. 6, 1960, |
||
| (b) | July 2, 1953, ch. 178, §1 "(c)(2)", |
The words "in his discretion" are omitted as unnecessary in view of the permissive grant of authority.
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
Amendments
2023—Subsec. (d).
2000—Subsec. (c)(2).
1980—Subsec. (a).
Subsec. (b).
1979—Subsec. (c)(3).
1978—Subsec. (c).
1968—Subsec. (c).
1966—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Executive Documents
Delegation of Functions
Functions of President under subsec. (a) of this section delegated to Office of Personnel Management, see section 1(2) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Ex. Ord. No. 10471. Authorization To Grant Leaves of Absence
Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
1. The heads of the several departments and agencies of the Government are hereby authorized and empowered, without the approval, ratification, or other action of the President, to exercise, with respect to personnel in their respective department or agency, the authority conferred upon the President by
2. This order shall be effective as of July 5, 1953.
§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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Dec. 21, 1944, ch. 632, §1 (1st proviso and so much of last sentence as precedes 2d proviso), |
||
| July 2, 1953, ch. 178, §4(a) (2d–4th sentences), |
||
| Aug. 18, 1959, |
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
Amendments
1978—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendments
Amendment by
Amendment by
§6307. Sick leave; accrual and accumulation
(a) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period, except that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of two-fifths of a day for each full biweekly pay period.
(b) Sick leave provided by this section, which is not used by an employee, accumulates for use in succeeding years.
(c) Sick leave provided by this section may be used for purposes relating to the adoption of a child.
(d) When required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, or for purposes relating to the adoption of a child, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia.
(d)(1) 1 For the purpose of this subsection, the term "family member" shall have such meaning as the Office of Personnel Management shall by regulation prescribe, except that such term shall include any individual who meets the definition given that term, for purposes of the leave transfer program under subchapter III, under regulations prescribed by the Office (as in effect on January 1, 1993).
(2) Subject to paragraph (3) and in addition to any other allowable purpose, sick leave may be used by an employee—
(A) to give care or otherwise attend to a family member having an illness, injury, or other condition which, if an employee had such condition, would justify the use of sick leave by such an employee; or
(B) for purposes relating to the death of a family member, including to make arrangements for or attend the funeral of such family member.
(3)(A) Sick leave may be used by an employee for the purposes provided under paragraph (2) only to the extent the amount used for such purposes does not exceed—
(i) 40 hours in any year, plus
(ii) up to an additional 64 hours in any year, but only to the extent the use of such additional hours does not cause the amount of sick leave to the employee's credit to fall below 80 hours.
(B) In the case of a part-time employee or an employee on an uncommon tour of duty, the Office of Personnel Management shall establish limitations that are proportional to those prescribed under subparagraph (A).
(4)(A) This subsection shall be effective during the 3-year period that begins upon the expiration of the 2-month period that begins on the date of the enactment of this subsection.
(B) Not later than 6 months before the date on which this subsection is scheduled to cease to be effective, the Office shall submit a report to Congress in which it shall evaluate the operation of this subsection and make recommendations as to whether or not this subsection should be continued beyond such date.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 30, 1951, ch. 631, §204, Aug. 21, 1964, |
The word "officer", referring to an officer of the Firefighting Division, is omitted as covered by the words "a member of the Firefighting Division".
In subsection (c), the words "with pay" are added for clarity.
Standard changes are made to conform with the definitions applicable and style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The date of the enactment of this subsection, referred to in subsec. (d)(4)(A), is the date of enactment of
Amendments
1994—Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Regulations
"(3)(A) The Office of Personnel Management shall prescribe regulations under which any employee who used or uses annual leave for an adoption-related purpose, after September 30, 1991, and before the date as of which sick leave first becomes available for such purpose as a result of the enactment of this subsection may, upon appropriate written application, elect to have such employee's leave accounts adjusted to reflect the amount of annual leave and sick leave, respectively, which would remain had sick leave been used instead of all or any portion of the annual leave actually used, as designated by the employee.
"(B) An application under this paragraph may not be approved unless it is submitted—
"(i) within 1 year after the date of the enactment of this Act [September 30, 1994] or such later date as the Office may prescribe;
"(ii) in such form and manner as the Office shall require; and
"(iii) by an individual who is an employee as of the time of application.
"(C) For the purpose of this paragraph, the term 'employee' has the meaning given such term by
Adoptions During Fiscal Year 1991
1 So in original. Probably should be "(e)(1)".
§6308. Transfers between positions under different leave systems
(a) The annual and sick leave to the credit of an employee who transfers between positions under different leave systems without a break in service shall be transferred to his credit in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management, unless the individual is excepted from this subchapter by
(b) The annual leave, sick leave, and home leave to the credit of a nonappropriated fund employee of the Department of Defense or the Coast Guard described in section 2105(c) who moves without a break in service of more than 3 days to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter shall be transferred to the employee's credit. The annual leave, sick leave, and home leave to the credit of an employee of the Department of Defense or the Coast Guard who is subject to this subchapter and who moves without a break in service of more than 3 days to a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be transferred to the employee's credit under the nonappropriated fund instrumentality. The Secretary of Defense or the Secretary of Homeland Security, as appropriate, may provide for a transfer of funds in an amount equal to the value of the transferred annual leave to compensate the gaining entity for the cost of a transfer of annual leave under this subsection.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 2, 1953, ch. 178, §4(b), |
||
| Aug. 18, 1959, |
||
| Aug. 21, 1964, |
In the last sentence, the word "officer" is omitted as covered by the word "member", and the words "
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
Amendments
2006—Subsec. (b).
1990—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Election of Leave or Lump-Sum Payment for Certain Employees
[§6309. Repealed. Pub. L. 94–183, §2(26), Dec. 31, 1975, 89 Stat. 1058 ]
Section,
§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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 30, 1951, ch. 631, §203 (g), Sept. 6, 1960, |
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.
§6311. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 30, 1951, ch. 631, §206, |
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
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§6312. Accrual and accumulation for former ASCS county office and nonappropriated fund employees
(a) Credit shall be given in determining years of service for the purpose of section 6303(a) for—
(1) service as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or an association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(2) service under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) by an employee who has moved without a break in service of more than 3 days to a position subject to this subchapter in the Department of Defense or the Coast Guard, respectively.
(b) The provisions of subsections (a) and (b) of section 6308 for transfer of leave between leave systems shall apply to the leave systems established for such county office employees and employees of such Department of Defense and Coast Guard nonappropriated fund instrumentalities, respectively.
(Added
Editorial Notes
References in Text
Section 8(b) of the Soil Conservation and Allotment Act, referred to in subsec. (a)(1), probably means section 8(b) of the Soil Conservation and Domestic Allotment Act, which is classified to
Section 10(b) of the Agricultural Adjustment Act, referred to in subsec. (a)(1), is classified to
Amendments
1990—
1986—
1968—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see