Subpart E—Attendance and Leave
CHAPTER 61 —HOURS OF WORK
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—FLEXIBLE AND COMPRESSED WORK SCHEDULES
Editorial Notes
Amendments
1982—
1972—
SUBCHAPTER I—GENERAL PROVISIONS
Editorial Notes
Amendments
1982—
§6101. Basic 40-hour workweek; work schedules; regulations
(a)(1) For the purpose of this subsection, "employee" includes an employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under
(2) The head of each Executive agency, military department, and of the government of the District of Columbia shall—
(A) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and
(B) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days.
(3) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that—
(A) assignments to tours of duty are scheduled in advance over periods of not less than 1 week;
(B) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive;
(C) the working hours in each day in the basic workweek are the same;
(D) the basic nonovertime workday may not exceed 8 hours;
(E) the occurrence of holidays may not affect the designation of the basic workweek; and
(F) breaks in working hours of more than 1 hour may not be scheduled in a basic workday.
(4) Notwithstanding paragraph (3) of this subsection, the head of an Executive agency, a military department, or of the government of the District of Columbia may establish special tours of duty, of not less than 40 hours, to enable employees to take courses in nearby colleges, universities, or other educational institutions that will equip them for more effective work in the agency. Premium pay may not be paid to an employee solely because his special tour of duty established under this paragraph results in his working on a day or at a time of day for which premium pay is otherwise authorized.
(5) The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress.
(b)(1) For the purpose of this subsection, "agency" and "employee" have the meanings given them by
(2) To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workweek of the employee.
(c) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a), (b) | June 30, 1945, ch. 212, §604(a), |
|
| (c) | June 30, 1945, ch. 212, §604(e) (less last 27 words), |
In subsection (a), the words "in the departmental and the field services" are omitted as unnecessary.
In subsections (a) and (b), the words "an Executive agency, a military department" are coextensive with and substituted for "the several departments and independent establishments and agencies in the executive branch, including Government-owned or controlled corporations" and "such department, establishment, or agency" in view of the definitions in sections 105 and 102. The words "a military department" are included to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Subsection (d) is added on authority of former sections 901(d) and 2358(a) (as applicable to the Federal Employees Pay Act of 1945, as amended) which are carried into section 5541, and to include individuals employed by the government of the District of Columbia as they are not included in the definition of "employee" in section 2105.
Subsection (e) is added on authority of former section 945, which is carried into section 5548. The words "an Executive agency" are substituted for "the executive branch of the Government" to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6101(a) (1)–(3), (5) | 5:6101(a)–(d). | [None.] |
| 6101(a)(4) | 5 App.: 944(a)(3). | June 29, 1966, |
| 6101(b) | 5 App.: 912b (last sentence). | Oct. 29, 1965, |
| 6101(c) | 5:6101(e). | [None.] |
In subsection (a)(4), the words "without regard to the requirements of such paragraph" are omitted as redundant in view of the words "notwithstanding paragraph (3) of this subsection" at the beginning thereof. The words "an Executive agency, a military department" are coextensive with and substituted for "each such department, establishment, or agency" and to conform to subsections (a)(2) and (a)(3). The words "officers" and "officer" are omitted as included in "employees" and "employee". The word "pay" is substituted for "compensation" to conform to the style of
Subsection (b)(1) is added on authority of former
In subsection (b)(2), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations, or of the municipal government of the District of Columbia, or the head of any legislative or judicial agency to which this title applies" to conform to the definition of "agency" in
Editorial Notes
Amendments
1978—Subsec. (c).
1975—Subsec. (a)(4).
1972—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Termination Date of 1982 Amendment
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Short Title of 1982 Amendment
Federal Employees Flexible and Compressed Work Schedules
"short title
"
"congressional findings
"definitions
"
"(1) the term 'agency' means an Executive agency and a military department (as such terms are defined in sections 105 and 102, respectively, of
"(2) the term 'employ' has the meaning given it by
"(3) the term 'Commission' means the United States Civil Service Commission; and
"(4) the term 'basic work requirement' means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise.
"experimental programs
"(2) Each agency may conduct one or more experiments under titles I and II of this Act. Such experiments shall be subject to such regulations as the Commission may prescribe under section 305 of this Act.
"(b) The Commission shall, not later than 90 days after the effective date of this section, establish a master plan which shall contain guidelines and criteria by which the Commission will study and evaluate experiments conducted under titles I and II of this Act. Such master plan shall provide for the study and evaluation of experiments within a sample of organizations of different size, geographic location, and functions and activities, sufficient to insure adequate evaluation of the impact of varied work schedules on—
"(1) the efficiency of Government operations;
"(2) mass transit facilities and traffic;
"(3) levels of energy consumption;
"(4) service to the public;
"(5) increased opportunities for full-time and part-time employment; and
"(6) individuals and families generally.
"(c) The Commission shall provide educational material, and technical aids and assistance, for use by an agency before and during the period such agency is conducting experiments under this Act [enacting
"(d) If the head of an agency determines that the implementation of an experimental program referred to in subsection (a) would substantially disrupt the agency in carrying out its functions, such agency head shall request the Commission to exempt such agency from the requirements of any experiment conducted by the Commission under subsection (a). Such request shall be accompanied by a report detailing the reasons for such determination. The Commission shall exempt an agency from such requirements only if it finds that including the agency within the experiment would not be in the best interest of the public, the Government, or the employees. The filing of such a request with the Commission shall exclude the agency from the experiment until the Commission has made its determination or until 180 days after the date the request is filed, whichever first occurs.
"TITLE I—FLEXIBLE SCHEDULING OF WORK HOURS
"definitions
"(1) the term 'credit hours' means any hours, within a flexible schedule established under this title, which are in excess of an employee's basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday; and
"(2) the term 'overtime hours' means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours.
"flexible scheduling experiments
"(1) designated hours and days during which an employee on such a schedule must be present for work; and
"(2) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled.
"(b) Notwithstanding any other provision of this Act [enacting
"(1) any experiment under subsection (a) of this section may be terminated by the Commission if it determines that the experiment is not in the best interest of the public, the Government, or the employees; or
"(2) if the head of an agency determines that any organization within the agency which is participating in an experiment under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may—
"(A) restrict the employees' choice of arrival and departure time,
"(B) restrict the use of credit hours, or
"(C) exclude from such experiment any employee or group of employees.
"(c) Experiments under subsection (a) shall terminate not later than the first day of the second pay period beginning after July 4, 1982.
"computation of premium pay
"(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of
"(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.
"(b) Notwithstanding the provisions of law referred to in paragraph (1) of subsection (a), an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 106 or to the extent such employee is allowed to have such hours taken into account with respect to the employee's basic work requirement.
"(c)(1) Notwithstanding
"(A) if an employee is on a flexible schedule under which—
"(i) the number of hours during which such employee must be present for work, plus
"(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work,
which occur outside of the night work hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and
"(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated.
"(2) Notwithstanding
"(A) in the case of an employee subject to such section 5343(f), for which all or a majority of the hours of such schedule for any day fall between the hours specified in such section, or
"(B) in the case of an employee subject to such section 4107(e)(2), for which 4 hours of such schedule fall between the hours specified in such section.
"holidays
"time-recording devices
"credit hours; accumulation and compensation
"(b) Any employee who is on a flexible schedule experiment under this title and who is no longer subject to such an experiment shall be paid at such employee's then current rate of basic pay for—
"(1) in the case of a full-time employee, not more than 10 credit hours accumulated by such employee, or
"(2) in the case of a part-time employee, the number of credit hours (not in excess of one-eighth of the hours in such employee's biweekly basic work requirement) accumulated by such employee.
"TITLE II—4-DAY WEEK AND OTHER COMPRESSED WORK SCHEDULES
"definitions
"(1) the term 'compressed schedule' means—
"(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and
"(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays; and
"(2) the term 'overtime hours' means any hours in excess of those specified hours which constitute the compressed schedule.
"compressed schedule experiments
"(b)(1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any experiment under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such experiment have voted to be so included.
"(2) Upon written request to any agency by an employee, the agency, if it determines that participation in an experiment under subsection (a) would impose a personal hardship on such employee, shall—
"(A) except such employee from such experiment; or
"(B) reassign such employee to the first position within the agency—
"(i) which becomes vacant after such determination,
"(ii) which is not included within such experiment,
"(iii) for which such employee is qualified, and
"(iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency.
"(c) Notwithstanding any other provision of this Act [enacting
"(d) Experiments under subsection (a) shall terminate not later than the end of the first day of the second pay period beginning after July 4, 1982.
"computation of premium pay
"(b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by whichever statutory provisions referred to in subsection (a) are applicable to the employee. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.
"(c) Notwithstanding
"(d) Notwithstanding
"TITLE III—ADMINISTRATIVE PROVISIONS
"administration of leave and retirement provisions
"application of experiments in the case of negotiated contracts
"(b) The Commission or an agency may not participate in a flexible or compressed schedule experiment under a negotiated contract which contains premium pay provisions which are inconsistent with the provisions of section 103 or 203 of this Act, as applicable.
"prohibition of coercion
"(1) such employee's rights under title I to elect a time of arrival or departure, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours; or
"(2) such employee's right under section 202(b)(1) to vote whether or not to be included within a compressed schedule experiment or such employee's right to request an agency determination under section 202(b)(2).
For the purpose of the preceding sentence, the term 'intimidate, threaten, or coerce' includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
"(b) Any employee who violates the provisions of subsection (a) shall, upon a final order of the Commission, be—
"(1) removed from such employee's position, in which event that employee may not thereafter hold any position as an employee for such period as the Commission may prescribe;
"(2) suspended without pay from such employee's position for such period as the Commission may prescribe; or
"(3) disciplined in such other manner as the Commission shall deem appropriate.
The commission shall prescribe procedures to carry out this subsection under which an employee subject to removal, suspension, or other disciplinary action shall have rights comparable to the rights afforded an employee subject to removal or suspension under subchapter III of
"reports
"(1) prepare an interim report containing recommendations as to what, if any, legislative or administrative action shall be taken based upon the results of experiments conducted under this Act [enacting
"(2) submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate.
The Commission shall prepare a final report with regard to experiments conducted under this Act [enacting
"regulations
"effective date
"(1) the date of the enactment of this Act [Sept. 29, 1978], or
"(2) October 1, 1978,
whichever date is later."
Savings Provisions; 1982 Amendment
"(a) Except as provided in subsection (b), each flexible or compressed work schedule established by any agency under the Federal Employees Flexible and Compressed Work Schedules Act of 1978 (
"(b)(1) During the 90-day period after the date of the enactment of this Act [July 23, 1982] any flexible or compressed work schedule referred to in subsection (a) may be reviewed by the agency concerned. If, in reviewing the schedule, the agency determines in writing that—
"(A) the schedule has reduced the productivity of the agency or the level of services to the public, or has increased the cost of the agency operations, and
"(B) termination of the schedule will not result in an increase in the cost of the agency operations (other than a reasonable administrative cost relating to the process of terminating a schedule),
the agency shall, notwithstanding any provision of a negotiated agreement, immediately terminate such schedule and such termination shall not be subject to negotiation or to administrative review (except as the President may provide) or to judicial review.
"(2) If a schedule established pursuant to a negotiated agreement is terminated under paragraph (1), either the agency or the exclusive representative concerned may, by written notice to the other party within 90 days after the date of such termination, initiate collective bargaining pertaining to the establishment of another flexible or compressed work schedule under subchapter II of
Executive Documents
Delegation of Functions
Functions vested in Office of Personnel Management under this section insofar as it affects officers and employees in or under the executive branch of the government to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
[§6102. Repealed. Pub. L. 92–392, §7(a), Aug. 19, 1972, 86 Stat. 573 ]
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of
§6103. Holidays
(a) The following are legal public holidays:
New Year's Day, January 1.
Birthday of Martin Luther King, Jr., the third Monday in January.
Washington's Birthday, the third Monday in February.
Memorial Day, the last Monday in May.
Juneteenth National Independence Day, June 19.
Independence Day, July 4.
Labor Day, the first Monday in September.
Columbus Day, the second Monday in October.
Veterans Day, November 11.
Thanksgiving Day, the fourth Thursday in November.
Christmas Day, December 25.
(b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply:
(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for—
(A) employees whose basic workweek is Monday through Friday; and
(B) the purpose of section 6309 1 of this title.
(2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.
(3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.
This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.
(c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by
(d)(1) For purposes of this subsection—
(A) the term "compressed schedule" has the meaning given such term by section 6121(5); and
(B) the term "adverse agency impact" has the meaning given such term by section 6131(b).
(2) An agency may prescribe rules under which employees on a compressed schedule may, in the case of a holiday that occurs on a regularly scheduled non-workday for such employees, and notwithstanding any other provision of law or the terms of any collective bargaining agreement, be required to observe such holiday on a workday other than as provided by subsection (b), if the agency head determines that it is necessary to do so in order to prevent an adverse agency impact.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | June 28, 1894, ch. 118, |
|
| May 13, 1938, ch. 210, |
||
| June 1, 1954, ch. 250, |
||
| Dec. 26, 1941, ch. 631, |
||
| (b) | Sept. 22, 1959, |
|
| (c) | [Uncodified]. | Jan. 11, 1957, |
In subsection (a), former sections 87, 87a, and 87b are combined and restated for clarity. The names of all holidays are inserted for ready reference in a like manner to that used in former section 87c.
In subsection (c), the year "1965" is substituted for "1957".
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
Amendments
2021—Subsec. (a).
1998—Subsec. (b)(3).
1996—Subsec. (d).
1983—Subsec. (a).
1975—Subsec. (a).
1968—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1983 Amendment
Effective Date of 1975 Amendment
Effective Date of 1968 Amendment
References in Laws of the United States to Observances of Legal Public Holidays
Executive Documents
Executive Order No. 10358
Ex. Ord. No. 10358, June 9, 1952, 17 F.R. 1529, as amended by Ex. Ord. No. 11226, May 27, 1965, 30 F.R. 7213; Ex. Ord. No. 11272, Feb. 23, 1966, 31 F.R. 3111, which related to the observance of holidays, was revoked by Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, set out below.
Ex. Ord. No. 11582. Observance of Holidays
Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, provided:
By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:
(a) Holiday means the first day of January, the third Monday of February, the last Monday of May, the fourth day of July, the first Monday of September, the second Monday of October, the fourth Monday of October, the fourth Thursday of November, the twenty-fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order.
(b) Workday means those hours which comprise in sequence the employee's regular daily tour of duty within any 24-hour period, whether falling entirely within one calendar day or not.
(b) Any employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on a day that has been administratively scheduled as his regular weekly nonworkday in lieu of Sunday.
(a) If a holiday occurs on Sunday, the head of the department shall designate in advance either Sunday or Monday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee's holiday.
(b) If a holiday occurs on Saturday, the head of the department shall designate in advance either the Saturday or the preceding Friday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee's holiday.
(c) If a holiday occurs on any other day of the week, that day shall be the employee's holiday, and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on that day.
(d) When a holiday is less than a full day, proportionate credit will be given under paragraph (a), (b), or (c) of this section.
Richard Nixon.
1 See References in Text note below.
§6104. Holidays; daily, hourly, and piece-work basis employees
When a regular employee as defined by
(1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
(2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Council of the District of Columbia; or
(3) solely because of the occurrence of a legal public holiday under
he is entitled to the same pay for that day as for a day on which an ordinary day's work is performed.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 29, 1938, ch. 818, §1, |
||
| June 11, 1954, ch. 283, |
||
| July 18, 1958, |
The enumeration of holidays is eliminated as unnecessary in view of section 6103.
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
1979—
1968—
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Executive Documents
Ex. Ord. No. 10552. Delegation of Authority To Promulgate Regulations
Ex. Ord. No. 10552, Aug. 10, 1954, 19 F.R. 5079, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
§6105. Closing of Executive departments
An Executive department may not be closed as a mark to the memory of a deceased former official of the United States.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Mar. 3, 1893, ch. 211, §4, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§6106. Time clocks; restrictions
A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia, except that the Bureau of Engraving and Printing may use such recording clocks.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Feb. 24, 1899, ch. 187, §1 (14th par. on p. 864), |
The words "District of Columbia" are substituted for "Washington" as a clearer statement.
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
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
SUBCHAPTER II—FLEXIBLE AND COMPRESSED WORK SCHEDULES
Editorial Notes
Amendments
1982—
§6120. Purpose
The Congress finds that the use of flexible and compressed work schedules has the potential to improve productivity in the Federal Government and provide greater service to the public.
(Added
Executive Documents
Expanding Family-Friendly Work Arrangements in Executive Branch
Memorandum of President of the United States, July 11, 1994, 59 F.R. 36017, provided:
Memorandum for the Heads of Executive Departments and Agencies
In order to recruit and retain a Federal work force that will provide the highest quality of service to the American people, the executive branch must implement flexible work arrangements to create a "family-friendly" workplace. Broad use of flexible work arrangements to enable Federal employees to better balance their work and family responsibilities can increase employee effectiveness and job satisfaction, while decreasing turnover rates and absenteeism. I therefore adopt the National Performance Review's recommendation that a more family-friendly workplace be created by expanding opportunities for Federal workers to participate in flexible work arrangements, consistent with the mission of the executive branch to serve the public.
The head of each executive department or agency (hereafter collectively "agency" or "agencies") is hereby directed to establish a program to encourage and support the expansion of flexible family-friendly work arrangements, including: job sharing; career part-time employment; alternative work schedules; telecommuting and satellite work locations. Such a program shall include:
(1) identifying agency positions that are suitable for flexible work arrangements;
(2) adopting appropriate policies to increase the opportunities for employees in suitable positions to participate in such flexible work arrangements;
(3) providing appropriate training and support necessary to implement flexible work arrangements; and
(4) identifying barriers to implementing this directive and providing recommendations for addressing such barriers to the President's Management Council.
I direct the Director of the Office of Personnel Management ("OPM") and the Administrator of General Services ("GSA") to take all necessary steps to support and encourage the expanded implementation of flexible work arrangements. The OPM and GSA shall work in concert to promptly review and revise regulations that are barriers to such work arrangements and develop legislative proposals, as needed, to achieve the goals of this directive. The OPM and GSA also shall assist agencies, as requested, to implement this directive.
The President's Management Council, in conjunction with the Office of Management and Budget, shall ensure that any guidance necessary to implement the actions set forth in this directive is provided.
Independent agencies are requested to adhere to this directive to the extent permitted by law.
This directive is for the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
The Director of the Office of Management and Budget is authorized and directed to publish this directive in the Federal Register.
William J. Clinton.
Enhancing Workplace Flexibilities and Work-Life Programs
Memorandum of President of the United States, June 23, 2014, 79 F.R. 36625, provided:
Memorandum for the Heads of Executive Departments and Agencies
To attract, empower, and retain a talented and productive workforce in the 21st century, the Federal Government must continue to make progress in enabling employees to balance their responsibilities at work and at home. We should build on our record of leadership through better education and training, expanded availability of workplace flexibilities and work-life programs, as appropriate, and improved tracking of outcomes and accountability. In doing so, we can help ensure that the Federal workforce is engaged and empowered to deliver exceptional and efficient service to the American public while meeting family and other needs at home.
Therefore, it is the policy of the Federal Government to promote a culture in which managers and employees understand the workplace flexibilities and work-life programs available to them and how these measures can improve agency productivity and employee engagement. The Federal Government must also identify and eliminate any arbitrary or unnecessary barriers or limitations to the use of these flexibilities and develop new strategies consistent with statute and agency mission to foster a more balanced workplace.
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to support executive departments and agencies (agencies) in their efforts to better utilize existing and develop new workplace flexibilities and work-life programs, I hereby direct as follows:
(b) To facilitate conversations about work schedule flexibilities, each agency shall review, and if necessary amend or establish, procedures within 120 days of the date of this memorandum. Subject to collective bargaining agreements, agency procedures must provide:
(i) employees an ability to request work schedule flexibilities, including telework, part-time employment, or job sharing;
(ii) that, upon receipt of such requests, supervisors (or their designees) should meet or confer directly with the requesting employee as appropriate to understand fully the nature and need for the requested flexibility;
(iii) that supervisors must consider the request and supporting information carefully and respond within 20 business days of the initial request, or sooner if required by agency policy; and
(iv) that the agency should remind employees on a periodic basis of the workplace flexibilities available to them.
(c) The Director of the Office of Personnel Management (OPM) shall issue guidance to Chief Human Capital Officers regarding the requirements set forth in this section within 60 days of the date of this memorandum, and shall assist agencies with implementation of this section.
(d) Nothing in this section shall be construed to impair or otherwise affect the discretion granted to an employee's supervisor in making a decision on the request for work schedule flexibilities, in accordance with the agency's mission-related requirements.
(a) part-time employment and job sharing, including for temporary periods of time where appropriate;
(b) alternative work schedules, including assurance that core hours are limited only to those hours that are necessary;
(c) break times for nursing mothers and a private space to express milk;
(d) telework;
(e) annual leave and sick leave, including the advancement of leave for employee and family care situations;
(f) sick leave for family care and bereavement;
(g) sick leave to care for a family member with a serious health condition;
(h) sick leave for adoption;
(i) leave pursuant to the Family and Medical Leave Act (FMLA), including allowing employees to take their FMLA leave intermittently as allowed under the Act, including for childbirth, adoption, and foster care;
(j) leave transfer programs, including leave banks;
(k) bone marrow and organ donor leave; and
(l) leave policies related to domestic violence, sexual assault, and stalking situations.
(a) dependent care programs, including the availability of on-site child care, child care subsidies, emergency child care, and elder care;
(b) Employee Assistance Programs, including counseling, resources, and referrals;
(c) support for nursing mothers, including worksite lactation support programs and resources; and
(d) worksite health and wellness programs, and opportunities to utilize those resources.
(a) provide appropriate education and guidance to all agency employees, including managers and supervisors, on the use of workplace flexibilities and work-life programs as strategic tools to assist with the recruitment and retention of employees, with an emphasis on furthering positive outcomes for employees and the agency that result from optimizing their use;
(b) support agencies in their efforts to develop training programs that educate employees, managers, and supervisors about the resources that are available to meet work-life needs;
(c) support agencies in promoting workplace cultures in which workplace flexibilities and work-life programs are a standard part of operating procedures, and identify any arbitrary, unnecessary, or cultural barriers limiting use;
(d) review the Federal Employee Viewpoint Survey data related to supervisor and senior leadership support for work-life, as well as use and satisfaction with alternative work schedules, telework, and work-life programs;
(e) implement the President's Management Agenda efforts in a manner that improves Senior Executive Service focus on creating inclusive work environments where workplace flexibilities and work-life programs are used effectively;
(f) create, annually update, and electronically publish a Workplace Flexibility Index using data from the Federal Employee Viewpoint Survey, reporting required by the Telework Enhancement Act of 2010, and other appropriate measures of agencies' effective use of workplace flexibilities;
(g) within 120 days from receipt of the agency reports submitted pursuant to section 5 of this memorandum, prepare a report to the President that includes information on agency best practices with regard to the use of workplace flexibilities, any barriers to or limitations that may unnecessarily restrict the use of existing workplace flexibilities and work-life programs, recommendations for addressing or eliminating such barriers or limitations, proposals for future data reporting, and metrics for tracking the use and cost-benefit of work-life programs; and
(h) review, for the purpose of identifying relevant trends related to workplace flexibility issues, the annual report that agencies provide to OPM under the No FEAR Act, which includes the agency's analysis of violations of antidiscrimination and whistleblower laws, an examination of trends, causal analysis, practical knowledge gained through experience, and any actions planned or taken to improve programs within the agency.
(a) any best practices the agency has employed to create a culture and work environment that supports the productive and efficient use of workplace flexibilities and work-life programs; and
(b) any barriers to or limitations that may unnecessarily restrict the use of existing workplace flexibilities and work-life programs and recommendations for addressing or eliminating such barriers or limitations.
(i) the authority granted by law or Executive Order to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Director is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§6121. Definitions
For purposes of this subchapter—
(1) "agency" means any Executive agency, any military department, the Government Publishing Office, the Library of Congress, the Architect of the Capitol, and the Botanic Garden;
(2) "employee" has the meaning given the term in subsection (a) of
(3) "basic work requirement" means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise;
(4) "credit hours" means any hours, within a flexible schedule established under
(5) "compressed schedule" means—
(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and
(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays;
(6) "overtime hours", when used with respect to flexible schedule programs under
(7) "overtime hours", when used with respect to compressed schedule programs under
(8) "collective bargaining", "collective bargaining agreement", and "exclusive representative" have the same meanings given such terms—
(A) by
(B) in the case of any other unit, by the corresponding provisions applicable under the personnel system covering this unit.
(Added
Editorial Notes
Amendments
2009—Par. (1).
1996—Par. (2).
1989—Par. (1).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in par. (1) on authority of section 1301(b) of
§6122. Flexible schedules; agencies authorized to use
(a) Notwithstanding
(1) designated hours and days during which an employee on such a schedule must be present for work; and
(2) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled.
(b) Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in
(1) restrict the employees' choice of arrival and departure time,
(2) restrict the use of credit hours, or
(3) exclude from such program any employee or group of employees.
(Added
§6123. Flexible schedules; computation of premium pay
(a) For purposes of determining compensation for overtime hours in the case of an employee participating in a program under
(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1) and section 1 5544(a) of this title,
(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.
(b) Notwithstanding the provisions of law referred to in subsection (a)(1) of this section, an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under
(c)(1) Notwithstanding
(A) if an employee is on a flexible schedule under which—
(i) the number of hours during which such employee must be present for work, plus
(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work,
which occur outside of the nightwork hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and
(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated.
(2) Notwithstanding
(A) in the case of an employee subject to subsection (f) of such section 5343, for which all or a majority of the hours of such schedule for any day fall between the hours specified in such subsection, or
(B) in the case of an employee subject to subsection (b) of such section 7453, for which 4 hours of such schedule fall between the hours specified in such subsection.
(Added
Editorial Notes
Amendments
1992—Subsec. (a)(1).
1991—Subsec. (a)(1).
Subsec. (c)(2).
1 So in original. The word "section" probably should not appear.
§6124. Flexible schedules; holidays
Notwithstanding
(Added
§6125. Flexible schedules; time-recording devices
Notwithstanding
(Added
§6126. Flexible schedules; credit hours; accumulation and compensation
(a) Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employee's biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.
(b) Any employee who is on a flexible schedule program under
(1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or
(2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employee's biweekly basic work requirement) accumulated by such employee.
(Added
§6127. Compressed schedules; agencies authorized to use
(a) Notwithstanding
(b)(1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any program under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such program have voted to be so included.
(2) Upon written request to any agency by an employee, the agency, if it determines that participation in a program under subsection (a) would impose a personal hardship on such employee, shall—
(A) except such employee from such program; or
(B) reassign such employee to the first position within the agency—
(i) which becomes vacant after such determination,
(ii) which is not included within such program,
(iii) for which such employee is qualified, and
(iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency.
(Added
§6128. Compressed schedules; computation of premium pay
(a) The provisions of
(b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.
(c) Notwithstanding
(d) Notwithstanding
(Added
Editorial Notes
Amendments
1992—Subsec. (a).
Subsec. (c).
1991—Subsec. (a).
§6129. Administration of leave and retirement provisions
For purposes of administering sections 6303(a), 6304, 6307(a) and (d), 6323, 6326, 6327, and 8339(m) of this title, in the case of an employee who is in any program under this subchapter, references to a day or workday (or to multiples or parts thereof) contained in such sections shall be considered to be references to 8 hours (or to the respective multiples or parts thereof).
(Added
Editorial Notes
Amendments
1994—
§6130. Application of programs in the case of collective bargaining agreements
(a)(1) In the case of employees in a unit represented by an exclusive representative, any flexible or compressed work schedule, and the establishment and termination of any such schedule, shall be subject to the provisions of this subchapter and the terms of a collective bargaining agreement between the agency and the exclusive representative.
(2) Employees within a unit represented by an exclusive representative shall not be included within any program under this subchapter except to the extent expressly provided under a collective bargaining agreement between the agency and the exclusive representative.
(b) An agency may not participate in a flexible or compressed schedule program under a collective bargaining agreement which contains premium pay provisions which are inconsistent with the provisions of
(Added
§6131. Criteria and review
(a) Notwithstanding the preceding provisions of this subchapter or any collective bargaining agreement and subject to subsection (c) of this section, if the head of an agency finds that a particular flexible or compressed schedule under this subchapter has had or would have an adverse agency impact, the agency shall promptly determine not to—
(1) establish such schedule; or
(2) continue such schedule, if the schedule has already been established.
(b) For purposes of this section, "adverse agency impact" means—
(1) a reduction of the productivity of the agency;
(2) a diminished level of services furnished to the public by the agency; or
(3) an increase in the cost of agency operations (other than a reasonable administrative cost relating to the process of establishing a flexible or compressed schedule).
(c)(1) This subsection shall apply in the case of any schedule covering employees in a unit represented by an exclusive representative.
(2)(A) If an agency and an exclusive representative reach an impasse in collective bargaining with respect to an agency determination under subsection (a)(1) not to establish a flexible or compressed schedule, the impasse shall be presented to the Federal Service Impasses Panel (hereinafter in this section referred to as the "Panel").
(B) The Panel shall promptly consider any case presented under subparagraph (A), and shall take final action in favor of the agency's determination if the finding on which it is based is supported by evidence that the schedule is likely to cause an adverse agency impact.
(3)(A) If an agency and an exclusive representative have entered into a collective bargaining agreement providing for use of a flexible or compressed schedule under this subchapter and the head of the agency determines under subsection (a)(2) to terminate a flexible or compressed schedule, the agency may reopen the agreement to seek termination of the schedule involved.
(B) If the agency and exclusive representative reach an impasse in collective bargaining with respect to terminating such schedule, the impasse shall be presented to the Panel.
(C) The Panel shall promptly consider any case presented under subparagraph (B), and shall rule on such impasse not later than 60 days after the date the Panel is presented the impasse. The Panel shall take final action in favor of the agency's determination to terminate a schedule if the finding on which the determination is based is supported by evidence that the schedule has caused an adverse agency impact.
(D) Any such schedule may not be terminated until—
(i) the agreement covering such schedule is renegotiated or expires or terminates pursuant to the terms of that agreement; or
(ii) the date of the Panel's final decision, if an impasse arose in the reopening of the agreement under subparagraph (A) of this paragraph.
(d) This section shall not apply with respect to flexible schedules that may be established without regard to the authority provided under this subchapter.
(Added
§6132. 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—
(1) such employee's rights under
(2) such employee's right under
(b) For the purpose of subsection (a), the term "intimidate, threaten, or coerce" includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
(Added
§6133. Regulations; technical assistance; program review
(a) The Office of Personnel Management shall prescribe regulations necessary for the administration of the programs established under this subchapter.
(b)(1) The Office shall provide educational material, and technical aids and assistance, for use by an agency in connection with establishing and maintaining programs under this subchapter.
(2) In order to provide the most effective materials, aids, and assistance under paragraph (1), the Office shall conduct periodic reviews of programs established by agencies under this subchapter particularly insofar as such programs may affect—
(A) the efficiency of Government operations;
(B) mass transit facilities and traffic;
(C) levels of energy consumption;
(D) service to the public;
(E) increased opportunities for full-time and part-time employment; and
(F) employees' job satisfaction and nonworklife.
(c)(1) With respect to employees in the Library of Congress, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Librarian of Congress.
(2) With respect to employees in the Government Publishing Office, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Director of the Government Publishing Office.
(3) With respect to employees of the Architect of the Capitol and the Botanic Garden, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Architect of the Capitol.
(Added
Editorial Notes
Amendments
2009—Subsec. (c)(3).
1989—Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (c)(2) on authority of section 1301(b) of
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (c)(2) on authority of section 1301(d) of
CHAPTER 63 —LEAVE
SUBCHAPTER I—ANNUAL AND SICK LEAVE
SUBCHAPTER II—OTHER PAID LEAVE
SUBCHAPTER III—VOLUNTARY TRANSFERS OF LEAVE
SUBCHAPTER IV—VOLUNTARY LEAVE BANK PROGRAM
SUBCHAPTER V—FAMILY AND MEDICAL LEAVE
SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
Editorial Notes
Amendments
2021—
2016—
2015—
1999—
1997—
1994—
1993—
1990—
1988—
1975—
1970—
1968—
1967—
1966—
Executive Documents
Modernizing Federal Leave Policies for Childbirth, Adoption, and Foster Care To Recruit and Retain Talent and Improve Productivity
Memorandum of President of the United States, Jan. 15, 2015, 80 F.R. 3135, provided:
Memorandum for the Heads of Executive Departments and Agencies
Now more than ever, our Nation's economic success rests on our ability to empower our citizens to choose jobs that best utilize their talents and interests. All employers, including the Federal Government, should support parents to ensure they can both contribute fully in the workplace and also meet the needs of their families. The availability of paid maternity leave, for example, has been shown to increase the likelihood that mothers return to their jobs following the birth of a child, and paid maternity and paternity leave has been shown to improve the health and development outcomes of the infant. In addition, it is critically important for parents and their newborn or newly adopted child to have the opportunity to form strong family attachments and relationships.
Men and women both need time to care for their families and should have access to workplace flexibilities that help them succeed at work and at home. Offering family leave and other workplace flexibilities to parents can help achieve the goals of recruiting and retaining talent, lowering costly worker turnover, increasing employee engagement, boosting employee morale, and ensuring a diverse and inclusive workforce. Yet, the United States lags behind almost every other country in ensuring some form of paid parental leave to its Federal workforce; we are the only developed country in the world without it.
My memorandum of June 23, 2014 (Enhancing Workplace Flexibilities and Work-Life Programs), directs the heads of executive departments and agencies (agencies) to more fully utilize workplace flexibilities and work-life programs to promote recruitment, retention, employee engagement, and workforce productivity. My Administration fully supports efforts to align the Federal Government with the parental leave policies of leading private sector companies and other industrialized countries, and will continue to take administrative steps to modernize leave policies to better support Federal employees.
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to further build on these important goals and the work currently underway by the Office of Personnel Management (OPM) and other agencies to review existing personnel policies, I hereby direct as follows:
(b) Agencies shall ensure that their policies offer the maximum amount of advanced annual leave permitted by law, at the request of an employee, for foster care placement in their home or bonding with a healthy newborn or newly adopted child. This benefit shall be provided for purposes specified in law and regulation irrespective of existing leave balances. Within 60 days of OPM issuing its guidance pursuant to section 3 of this memorandum, agencies shall make any necessary changes to their policies to implement this section.
(b) For purposes of the changes required by subsection (a) of this section, agencies shall review policies with respect to the following required benefits:
(i) use of accrued sick leave (including period of incapacitation for birth mother, care of birth mother during period of incapacitation, doctor appointments for birth parents or newborn child, or any periods of time during which adoptive parents are ordered or required by an adoption agency or by a court to take time off from work to care for the adopted child);
(ii) leave pursuant to the Family and Medical Leave Act (including intermittent leave for childbirth, adoption, or foster care placement in the home; and leave without pay or substitution of appropriate paid leave in accordance with law and regulation);
(iii) use of accrued annual leave;
(iv) use of leave without pay for a longer period than what is provided for under the Family and Medical Leave Act; and
(v) break times and private space for nursing mothers.
(c) For purposes of the changes required by subsection (a) of this section, agencies shall ensure those changes provide to the maximum extent practicable the following discretionary benefits:
(i) advancement of sick or annual leave, consistent with the requirements set forth in section 1 of this memorandum;
(ii) donated annual leave under the Voluntary Leave Transfer Program;
(iii) donated annual leave under the Voluntary Leave Bank Program;
(iv) emergency backup dependent care services, such as through an Employee Assistance Program;
(v) telework; and
(vi) flexible work schedules, including part-time schedules and job sharing arrangements.
(d) Within 90 days of the date of this memorandum, OPM shall issue guidance to agencies regarding implementing advanced sick and annual leave policies, including their application to part-time employees. The OPM summary report of workplace flexibilities and work-life policies required by section 4 of my memorandum of June 23, 2014, shall provide further guidance to implement this memorandum.
(i) the authority granted by law to a department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Director of OPM is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Supporting Access to Leave for Federal Employees
Memorandum of President of the United States, Feb. 2, 2023, 88 F.R. 7833, provided:
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the Federal Government as a model "employer [sic], it is hereby ordered as follows:
As the Nation's largest employer, the Federal Government must be a model for providing leave policies, both paid and unpaid, that allow employees time away from work to care for themselves or a loved one. Being a model employer includes updating our workplace policies and practices to reflect the emerging needs of our workforce today and tomorrow. It also requires recognizing an employee's important caregiving relationships with family members, including extended family and other individuals with equivalent relationships. In addition, Federal employees need access to extended family and medical leave, particularly during their first year of Federal service when they may not have accrued sufficient leave and are not yet eligible for leave under the Family and Medical Leave Act of 1993 [
(i) to bond with a new child, to care for a family member with a serious health condition, to address an employee's own serious health condition, or to help manage family affairs when a family member is called to active duty, including during an employee's first year of service; and
(ii) bereavement after the death of a family member, including during an employee's first year of service.
(b) The Director of the Office of Personnel Management (OPM) and the Director of the Office of Management and Budget, through the Deputy Director for Management, shall support agencies in carrying out subsection (a) of this section.
(c) Agency heads, or their designees, shall inform the President, through the Assistant to the President and Director of the White House Gender Policy Council, on progress towards implementation of this memorandum within 1 year of its issuance [Feb. 2, 2023].
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Director of OPM is authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
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)), |
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| (d) | Oct. 30, 1951, ch. 631, §203(h), |
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| (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), |
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| Sept. 6, 1960, |
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| Aug. 19, 1964, |
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| 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), |
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| Sept. 6, 1960, |
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| (c) | Oct. 30, 1951, ch. 631, §208(a), |
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| 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), |
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| July 2, 1953, ch. 178, §4(a) (2d–4th sentences), |
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| 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
SUBCHAPTER II—OTHER PAID LEAVE
§6321. Absence of veterans to attend funeral services
An employee in or under an Executive agency who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time necessary, not to exceed 4 hours in any one day, to enable him to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the United States.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 16, 1949, ch. 441, |
The words "Executive agency" are coextensive with and substituted for "executive branch of the Government" in view of the definition of "Executive agency" in section 105. Applicability to the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§6322. Leave for jury or witness service; official duty status for certain witness service
(a) An employee as defined by
(1) as a juror; or
(2) other than as provided in subsection (b) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party;
in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico or the Trust Territory of the Pacific Islands. For the purpose of this subsection, "judicial proceeding" means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding.
(b) An employee as defined by
(1) testify or produce official records on behalf of the United States or the District of Columbia; or
(2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia.
(c) The Office of Personnel Management may prescribe regulations for the administration of this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 29, 1940, ch. 446, §1, |
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
1996—Subsec. (a).
Subsec. (b).
1979—Subsec. (a).
1978—Subsec. (c).
1976—Subsec. (a)(2).
1970—
Subsec. (a).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§6323. Military leave; Reserves and National Guardsmen
(a)(1) Subject to paragraph (2) of this subsection, an employee as defined by
(2) In the case of an employee or individual employed on a part-time career employment basis (as defined in
(3) The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof.
(b) Except as provided by
(1) is a member of a Reserve component of the Armed Forces, as described in
(2)(A) performs, for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life or property or the prevention of injury—
(i) Federal service under section 331, 332, 333,1 or 12406 of title 10, or other provision of law, as applicable, or
(ii) full-time military service for his State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; or
(B) performs full-time military service as a result of a call or order to active duty in support of a contingency operation as defined in
is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance or efficiency rating. Leave granted by this subsection shall not exceed 22 workdays in a calendar year. Upon the request of an employee, the period for which an employee is absent to perform service described in paragraph (2) may be charged to the employee's accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave.
(c) An employee as defined by
(d)(1) A military reserve technician described in section 8401(30) 1 is entitled at such person's request to leave without loss of, or reduction in, pay, leave to which such person is otherwise entitled, credit for time or service, or performance or efficiency rating for each day, not to exceed 44 workdays in a calendar year, in which such person is on active duty without pay, as authorized pursuant to
(2) An employee who requests annual leave or compensatory time to which the employee is otherwise entitled, for a period during which the employee would have been entitled upon request to leave under this subsection, may be granted such annual leave or compensatory time without regard to this section or section 5519.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 10, 1956, ch. 1041, §29 (a), Sept. 2, 1958, |
||
| June 30, 1960, |
||
| Oct. 4, 1961, |
In subsection (a), the words "without regard to classification or terminology peculiar to the Civil Service system" are omitted as unnecessary. The word "performance" is added on authority of the Performance Rating Act of 1950, which is carried into
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
Sections 331, 332, 333, referred to in subsec. (b)(2)(A)(i), were renumbered sections 251, 252, and 253, respectively, of Title 10, Armed Forces, by
Amendments
2004—Subsec. (d)(1).
2003—Subsec. (b)(2).
2001—Subsec. (a)(1).
2000—Subsec. (a)(3).
1999—Subsec. (a)(1).
Subsec. (d)(1).
1996—Subsec. (b).
Subsec. (d).
1994—Subsec. (b)(1).
Subsec. (b)(2)(A).
1991—Subsec. (b)(2).
1980—Subsec. (a).
1979—Subsec. (b)(2)(B).
Subsec. (b).
Subsec. (c).
1970—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1968—Subsecs. (a), (b).
Subsec. (c).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Effective Date of 1999 Amendment
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1980 Amendment
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Authorization To Use Appropriations To Pay Military Leave or Annual Leave
"(1) is a member of a Reserve component of the Armed Forces, as described in
"(2) performs, for the purpose of providing military aid to enforce the law or providing assistance to civil authorities in the protection or saving of life or property or prevention of injury—
"(A) Federal service under sections 331 [now 251], 332 [now 252], 333 [now 253], or 12406 of
"(B) full-time military service for his or her State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; and
"(3) requests and is granted—
"(A) leave under the authority of this section; or
"(B) annual leave, which may be granted without regard to the provisions of
Provided, That any employee who requests leave under subsection (3)(A) for service described in subsection (2) of this section is entitled to such leave, subject to the provisions of this section and of the last sentence of
Similar provisions were contained in the following prior appropriation acts:
Definition of Officers and Employees
Act July 1, 1947, ch. 192, §4,
1 See References in Text note below
§6324. Absence of certain police and firemen
(a) Sick leave may not be charged to the account of a member of the Metropolitan Police force or the Fire Department of the District of Columbia, the United States Park Police force, or the United States Secret Service Uniformed Division for an absence due to injury or illness resulting from the performance of duty.
(b) The determination of whether an injury or illness resulted from the performance of duty shall be made under regulations prescribed by—
(1) the District of Columbia Council for members of the Metropolitan Police force and the Fire Department of the District of Columbia;
(2) the Secretary of the Interior for the United States Park Police force; and
(3) the Secretary of Homeland Security for the United States Secret Service Uniformed Division.
(c) This section shall not apply to members of the United States Secret Service Uniformed Division who are covered under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 21, 1964, |
The word "officer" is omitted as covered by "member".
In subsection (b), the words "injury or illness" are substituted for "injury or disease" to conform to subsection (a).
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
2010—Subsec. (a).
Subsec. (b)(3).
Subsec. (c).
1975—Subsecs. (a), (b)(3).
1968—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
§6325. Absence resulting from hostile action abroad
Leave may not be charged to the account of an employee for absence, not to exceed one year, due to an injury—
(1) incurred while serving abroad and resulting from war, insurgency, mob violence, or similar hostile action; and
(2) not due to vicious habits, intemperance, or willful misconduct on the part of the employee.
The preceding provisions of this section shall apply in the case of an alien employee referred to in
(Added
Editorial Notes
References in Text
Section 408 of the Foreign Service Act of 1980, referred to in text, is classified to
Amendments
1986—
1979—
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date
§6326. Absence in connection with funerals of immediate relatives in the Armed Forces
(a) An employee of an executive agency or an individual employed by the government of the District of Columbia is entitled to not more than three days of leave without loss of, or reduction in, pay, leave to which he is otherwise entitled, credit for time or service, or performance or efficiency rating, to make arrangements for, or attend the funeral of, or memorial service for, an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone (as determined by the President in accordance with section 112 of the Internal Revenue Code).
(b) The Office of Personnel Management is authorized to issue regulations for the administration of this section.
(c) This section shall not be considered as affecting the authority of an Executive agency, except to the extent and under the conditions covered under this section, to grant administrative leave excusing an employee from work when it is in the public interest.
(Added
Editorial Notes
References in Text
Section 112 of the Internal Revenue Code, referred to in subsec. (a), is classified to
Amendments
1978—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§6327. Absence in connection with serving as a bone-marrow or organ donor
(a) An employee in or under an Executive agency is entitled to leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, for the time necessary to permit such employee to serve as a bone-marrow or organ donor.
(b) An employee may, in any calendar year, use—
(1) not to exceed 7 days of leave under this section to serve as a bone-marrow donor; and
(2) not to exceed 30 days of leave under this section to serve as an organ donor.
(c) The Office of Personnel Management may prescribe regulations for the administration of this section.
(Added
Editorial Notes
Codification
Another section 6327 was renumbered
Amendments
1999—Subsec. (b).
§6328. Absence in connection with funerals of fellow Federal law enforcement officers
A Federal law enforcement officer or a Federal firefighter may be excused from duty without loss of, or reduction in, pay or leave to which such officer is otherwise entitled, or credit for time or service, or performance or efficiency rating, to attend the funeral of a fellow Federal law enforcement officer or Federal firefighter, who was killed in the line of duty. When so excused from duty, attendance at such service shall for the purposes of
(Added
Editorial Notes
Codification
Section 642 of
Amendments
1999—
§6329. Disabled veteran leave
(a) During the 12-month period beginning on the first day of employment, any employee who is a veteran with a service-connected disability rated at 30 percent or more is entitled to leave, without loss or reduction in pay, for purposes of undergoing medical treatment for such disability for which sick leave could regularly be used.
(b)(1) The leave credited to an employee under subsection (a) may not exceed 104 hours.
(2) Any leave credited to an employee pursuant to subsection (a) that is not used during the 12-month period described in such subsection may not be carried over and shall be forfeited.
(c)(1) In order to verify that leave credited to an employee pursuant to subsection (a) is used for treating a service-connected disability, such employee shall submit to the head of the employing agency certification, in such form and manner as the Director of the Office of Personnel Management may prescribe, that such employee used such leave for purposes of being furnished treatment for such disability by a health care provider.
(2) In the case of an employee of an office of the legislative branch, the certification described in paragraph (1) shall be prescribed—
(A) in the case of an employee of the House of Representatives, by the Committee on House Administration of the House of Representatives;
(B) in the case of an employee of the Senate, by the Committee on Rules and Administration of the Senate; or
(C) in the case of an employee of any other office of the legislative branch, by the head of the office.
(d) In this section—
(1) the term "employee" has the meaning given such term in section 2105, and includes—
(A) an officer or employee of the United States Postal Service or the Postal Regulatory Commission; and
(B) notwithstanding subsection (a) of
(2) the term "service-connected" has the meaning given such term in
(3) the term "veteran" has the meaning given such term in section 101(2) of such title.
(Added
Editorial Notes
Amendments
2018—Subsec. (c).
Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Effective Date
Regulations
"(1) the Director of the Office of Personnel Management shall prescribe regulations with respect to the leave provided by the amendment in subsection (a) [enacting this section] for employees, but not including employees of the United States Postal Service or the Postal Regulatory Commission; and
"(2) the Postmaster General shall prescribe regulations for such leave with respect to officers and employees of the United States Postal Service and the Postal Regulatory Commission."
§6329a. Administrative leave
(a)
(1) the term "administrative leave" means leave—
(A) without loss of or reduction in—
(i) pay;
(ii) leave to which an employee is otherwise entitled under law; or
(iii) credit for time or service; and
(B) that is not authorized under any other provision of law;
(2) the term "agency"—
(A) means an Executive agency (as defined in
(B) includes the Department of Veterans Affairs; and
(C) does not include the Government Accountability Office; and
(3) the term "employee"—
(A) has the meaning given the term in section 2105; and
(B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.
(b)
(1)
(2)
(c)
(1)
(A) prescribe regulations to carry out this section; and
(B) prescribe regulations that provide guidance to agencies regarding—
(i) acceptable agency uses of administrative leave; and
(ii) the proper recording of—
(I) administrative leave; and
(II) other leave authorized by law.
(2)
(d)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (c)(1), is the date of enactment of
Statutory Notes and Related Subsidiaries
Sense of Congress
"(1) agency use of administrative leave, and leave that is referred to incorrectly as administrative leave in agency recording practices, has exceeded reasonable amounts—
"(A) in contravention of—
"(i) established precedent of the Comptroller General of the United States; and
"(ii) guidance provided by the Office of Personnel Management; and
"(B) resulting in significant cost to the Federal Government;
"(2) administrative leave should be used sparingly;
"(3) prior to the use of paid leave to address personnel issues, an agency should consider other actions, including—
"(A) temporary reassignment; and
"(B) transfer;
"(4) an agency should prioritize and expeditiously conclude an investigation in which an employee is placed in administrative leave so that, not later than the conclusion of the leave period—
"(A) the employee is returned to duty status; or
"(B) an appropriate personnel action is taken with respect to the employee;
"(5) data show that there are too many examples of employees placed in administrative leave for 6 months or longer, leaving the employees without any available recourse to—
"(A) return to duty status; or
"(B) challenge the decision of the agency;
"(6) an agency should ensure accurate and consistent recording of the use of administrative leave so that administrative leave can be managed and overseen effectively; and
"(7) other forms of excused absence authorized by law should be recorded separately from administrative leave, as defined by the amendments made by this section [see section 1138a of
GAO Report
"(A) the number of times that an agency, under subsection (c)(1) of such section 6329b—
"(i) consulted with the investigator responsible for conducting the investigation to which an employee was subject with respect to the decision of the agency to grant an extension under that subsection; and
"(ii) did not have a consultation described in clause (i), including the reasons that the agency failed to have such a consultation;
"(B) an assessment of the use of the authority provided under subsection (d) of such section 6329b by agencies, including data regarding the number and length of extensions granted under that subsection;
"(C) an assessment of the compliance with the requirements of subsection (f) of such section 6329b by agencies;
"(D) a review of the practice of agency placement of an employee in investigative or notice leave under subsection (b) of such section 6329b because of a determination under subsection (b)(2)(A)(iv) of that section that the employee jeopardized legitimate Government interests, including the extent to which such determinations were supported by evidence; and
"(E) an assessment of the effectiveness of subsection (g) of such section 6329b in preventing and correcting the use of extended investigative leave as a tool of reprisal for making a protected disclosure or engaging in protected activity as described in paragraph (8) or (9) of
§6329b. Investigative leave and notice leave
(a)
(1) the term "agency"—
(A) means an Executive agency (as defined in
(B) includes the Department of Veterans Affairs; and
(C) does not include the Government Accountability Office;
(2) the term "Chief Human Capital Officer" means—
(A) the Chief Human Capital Officer of an agency designated or appointed under section 1401; or
(B) the equivalent;
(3) the term "committees of jurisdiction", with respect to an agency, means each committee of the Senate or House of Representatives with jurisdiction over the agency;
(4) the term "Director" means the Director of the Office of Personnel Management;
(5) the term "employee"—
(A) has the meaning given the term in section 2105; and
(B) does not include—
(i) an intermittent employee who does not have an established regular tour of duty during the administrative workweek; or
(ii) the Inspector General of an agency;
(6) the term "investigative entity" means—
(A) an internal investigative unit of an agency granting investigative leave under this section;
(B) the Office of Inspector General of an agency granting investigative leave under this section;
(C) the Attorney General; and
(D) the Office of Special Counsel;
(7) the term "investigative leave" means leave—
(A) without loss of or reduction in—
(i) pay;
(ii) leave to which an employee is otherwise entitled under law; or
(iii) credit for time or service;
(B) that is not authorized under any other provision of law; and
(C) in which an employee who is the subject of an investigation is placed;
(8) the term "notice leave" means leave—
(A) without loss of or reduction in—
(i) pay;
(ii) leave to which an employee is otherwise entitled under law; or
(iii) credit for time or service;
(B) that is not authorized under any other provision of law; and
(C) in which an employee who is in a notice period is placed; and
(9) the term "notice period" means a period beginning on the date on which an employee is provided notice required under law of a proposed adverse action against the employee and ending on the date on which an agency may take the adverse action.
(b)
(1)
(A) investigative leave if the employee is the subject of an investigation;
(B) notice leave if the employee is in a notice period; or
(C) notice leave following a placement in investigative leave if, not later than the day after the last day of the period of investigative leave—
(i) the agency proposes or initiates an adverse action against the employee; and
(ii) the agency determines that the employee continues to meet 1 or more of the criteria described in paragraph (2)(A).
(2)
(A) made a determination with respect to the employee that the continued presence of the employee in the workplace during an investigation of the employee or while the employee is in a notice period, as applicable, may—
(i) pose a threat to the employee or others;
(ii) result in the destruction of evidence relevant to an investigation;
(iii) result in loss of or damage to Government property; or
(iv) otherwise jeopardize legitimate Government interests;
(B) considered—
(i) assigning the employee to duties in which the employee no longer poses a threat described in clauses (i) through (iv) of subparagraph (A);
(ii) allowing the employee to take leave for which the employee is eligible;
(iii) if the employee is absent from duty without approved leave, carrying the employee in absence without leave status; and
(iv) for an employee subject to a notice period, curtailing the notice period if there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed; and
(C) determined that none of the available options under clauses (i) through (iv) of subparagraph (B) is appropriate.
(3)
(A)
(B)
(4)
(A)
(B)
(i) the applicable limitations under paragraph (3); and
(ii) in the case of a placement in investigative leave, an explanation that, at the conclusion of the period of leave, the agency shall take an action under paragraph (5).
(5)
(A) return the employee to regular duty status;
(B) take 1 or more of the actions under clauses (i) through (iv) of paragraph (2)(B);
(C) propose or initiate an adverse action against the employee as provided under law; or
(D) extend the period of investigative leave under subsections (c) and (d).
(6)
(c)
(1)
(2)
(3)
(4)
(A)
(i) the Inspector General or the designee of the Inspector General, rather than the Chief Human Capital Officer or the designee of the Chief Human Capital Officer, shall approve an extension of a period of investigative leave for the employee under paragraph (1); or
(ii) at the request of the Inspector General, the head of the agency within which the Office of Inspector General is located shall designate an official of the agency to approve an extension of a period of investigative leave for the employee under paragraph (1).
(B)
(d)
(1)
(A) the title, position, office or agency subcomponent, job series, pay grade, and salary of the employee;
(B) a description of the duties of the employee;
(C) the reason the employee was placed in investigative leave;
(D) an explanation as to why—
(i) the employee poses a threat described in clauses (i) through (iv) of subsection (b)(2)(A); and
(ii) the agency is not able to reassign the employee to another position within the agency;
(E) in the case of an employee required to telework under section 6502(c) during the investigation of the employee—
(i) the reasons that the agency required the employee to telework under that section; and
(ii) the duration of the teleworking requirement;
(F) the status of the investigation of the employee;
(G) the certification described in paragraph (2); and
(H) in the case of a completed investigation of the employee—
(i) the results of the investigation; and
(ii) the reason that the employee remains in investigative leave.
(2)
(A) certify to the appropriate agency that additional time is needed to complete the investigation of the employee; and
(B) include in the certification an estimate of the amount of time that is necessary to complete the investigation of the employee.
(3)
(e)
(1) pose a threat to the employee or others;
(2) result in the destruction of evidence relevant to an investigation;
(3) result in loss of or damage to Government property; or
(4) otherwise jeopardize legitimate Government interests.
(f)
(1)
(A) the basis for the determination made under subsection (b)(2)(A);
(B) an explanation of why an action under clauses (i) through (iv) of subsection (b)(2)(B) was not appropriate;
(C) the length of the period of leave;
(D) the amount of salary paid to the employee during the period of leave;
(E) the reasons for authorizing the leave, including, if applicable, the recommendation made by an investigator under subsection (c)(1);
(F) whether the employee is required to telework under section 6502(c) during the investigation, including the reasons for requiring the employee to telework; and
(G) the action taken by the agency at the end of the period of leave, including, if applicable, the granting of any extension of a period of investigative leave under subsection (c) or (d).
(2)
(A) to any committee of jurisdiction, upon request;
(B) to the Office of Personnel Management; and
(C) as otherwise required by law, including for the purposes of the Administrative Leave Act of 2016 and the amendments made by that Act.
(g)
(h)
(1)
(A) acceptable purposes for the use of—
(i) investigative leave; and
(ii) notice leave;
(B) the proper recording of—
(i) the leave categories described in subparagraph (A); and
(ii) other leave authorized by law;
(C) baseline factors that an agency shall consider when making a determination that the continued presence of an employee in the workplace may—
(i) pose a threat to the employee or others;
(ii) result in the destruction of evidence relevant to an investigation;
(iii) result in loss or damage to Government property; or
(iv) otherwise jeopardize legitimate Government interests; and
(D) procedures and criteria for the approval of an extension of a period of investigative leave under subsection (c) or (d).
(2)
(i)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (c)(3), (4)(B), (e) and (h)(1), is the date of enactment of
The Administrative Leave Act of 2016, referred to in subsec. (f)(2)(C), is section 1138 of title XI of div. A of
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§6329c. Weather and safety leave
(a)
(1) the term "agency"—
(A) means an Executive agency (as defined in
(B) includes the Department of Veterans Affairs; and
(C) does not include the Government Accountability Office; and
(2) the term "employee"—
(A) has the meaning given the term in section 2105; and
(B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.
(b)
(1) an act of God;
(2) a terrorist attack; or
(3) another condition that prevents the employee or group of employees from safely traveling to or performing work at an approved location.
(c)
(d)
(1) guidance to agencies regarding the appropriate purposes for providing leave under this section; and
(2) the proper recording of leave provided under this section.
(e)
(Added
Editorial Notes
References in Text
The date of enactment of this section, subsec. (d), is the date of enactment of
§6329d. Parental bereavement leave
(a)
(1) the terms "employee" and "son or daughter" have the meanings given those terms in section 6381; and
(2) the term "paid leave" means, with respect to an employee, leave without loss of or reduction in—
(A) pay;
(B) leave to which the employee is otherwise entitled under law; or
(C) credit for time or service.
(b)
(1)
(2)
(3)
(Added
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 government 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 application to make 1 or more donations of leave under this subchapter is approved; and
(4) the term "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 (disregarding any advanced leave).
(Added
Editorial Notes
Amendments
1993—Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Repeals
[
Implementation of Leave Transfer and Leave Bank Programs
"(1) No later than 3 months after the date of the enactment of this Act [Oct. 31, 1988], the Office of Personnel Management shall prescribe regulations to implement leave transfer programs pursuant to the amendments made by this Act [see Short Title of 1988 Amendment note set out under
"(2) No later than 6 months after the date of the enactment of this Act—
"(A) the head of each agency involved under
"(B) the Office of Personnel Management shall prescribe regulations 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
Report to Congress
"(1)(A) Within 2 years after the date of the enactment of this Act [Oct. 31, 1988] and again no later than 6 months before the scheduled termination date of any program under subchapter III or subchapter IV of
"(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
Continuation of Temporary Leave Transfer Programs
§6332. General authority
Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which 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.
(Added
§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 proposed leave recipient; and
(B) shall include—
(i) the name, position title, and grade or pay level of the proposed leave recipient;
(ii) the reasons why transferred 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;
(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 (1)(B)(iii) 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 application of a proposed leave recipient for leave under this subchapter, and, to the extent practicable, shall notify the proposed leave recipient (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)(1) 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.
(2)(A) The requirement under paragraph (1) relating to exhaustion of annual and sick leave shall not apply in the case of a leave recipient who—
(i) sustains a combat-related disability while a member of the armed forces, including a reserve component of the armed forces; and
(ii) is undergoing medical treatment for that disability.
(B) Subparagraph (A) shall apply to a member described in such subparagraph only so long as the member continues to undergo medical treatment for the disability, but in no event for longer than 5 years from the start of such treatment.
(C) For purposes of this paragraph—
(i) the term "combat-related disability" has the meaning given such term by
(ii) the term "medical treatment" has such meaning as the Office of Personnel Management shall by regulation prescribe.
(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.
(Added
Editorial Notes
Amendments
2008—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
§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.
(b)(1) 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 limitation under paragraphs (1) and (2). Any such waiver shall be made in writing.
(c) The Office of Personnel Management shall prescribe regulations to include procedures to carry out this subchapter when the leave donor and the leave recipient are employed by different agencies.
(Added
§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 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.
(Added
§6336. Restoration of transferred leave
(a)(1) The Office of Personnel Management shall establish procedures under which, except as provided in paragraph (2), any transferred 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 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 otherwise 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 by—
(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).
(c) The Office shall prescribe regulations under which this section 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.
(Added
§6337. Accrual of leave
(a) For the purpose of this section—
(1) the term "paid leave status under subchapter I", 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 employee while such employee is using transferred leave under this subchapter.
(b)(1) 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 accrued 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 account, 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.
(c)(1) 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, and shall be available for use—
(A) 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); or
(B) if the employee's medical emergency has not yet terminated, once the employee has exhausted all transferred leave made available to such employee under this subchapter.
(2) In the event that the employee's medical emergency terminates as described in section 6335(a)(3)—
(A) any leave accrued but not yet transferred under this section shall not be credited to such employee; or
(B) if there remains, as of the date the emergency so terminates, any leave which became available to such employee under paragraph (1)(B), such leave shall cease to be available for any purpose.
(d) Nothing in this section shall be considered to prevent, with respect to a continuing medical emergency, further transfers of leave for use after leave accrued under this section has been exhausted by the employee.
(Added
Editorial Notes
Amendments
1993—Subsecs. (c), (d).
"(1) 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(a)(3), no leave shall be credited to such employee under this section."
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§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, receiving, 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).
(Added
§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;
(E) the National Geospatial-Intelligence Agency; and
(F) 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;
(E) with respect to the National Geospatial-Intelligence Agency, the Director of the National Geospatial-Intelligence Agency; and
(F) with respect to an Executive agency designated under paragraph (1)(F), the head of such Executive agency, and with respect to a unit of an Executive agency designated under paragraph (1)(F), such individual as the President may determine.
(b)(1) The head of an excepted agency shall, by regulation, establish 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 employee 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 subsection shall be established—
(A) in a manner consistent with the provisions of this subchapter applicable to the program; and
(B) without regard to any provisions relating to transfers or restorations of leave between employees in different agencies.
(c)(1) Notwithstanding any provision of subsection (b), the head of an excepted agency may, at his sole discretion, by regulation establish a program under which an individual employed in or under such excepted agency may participate in a leave transfer program established under the provisions of this subchapter outside of this section, including provisions permitting the transfer of annual leave accrued or accumulated by such employee to, or permitting such employee to receive transferred leave from, an employee of any other agency (including another excepted agency having a program under this subsection).
(2) To the extent practicable and consistent with the protection of intelligence sources and methods, any program established under paragraph (1) shall be consistent with the provisions of this subchapter outside of this section and with any regulations issued by the Office of Personnel Management implementing this subchapter.
(d) The Office shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section.
(Added
Editorial Notes
Amendments
2008—Subsec. (a)(1)(E), (2)(E).
2002—Subsec. (b).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
1996—Subsec. (a)(1)(E).
Subsec. (a)(2)(E).
1994—Subsec. (a)(1)(E), (F).
Subsec. (a)(2)(E), (F).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 1996 Amendment
Amendment by
§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.
(Added
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 6301(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 section 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 (disregarding any advanced leave).
(Added
Editorial Notes
Amendments
1993—Par. (6).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Leave Bank for Judicial Branch Employees of Federal Government in Reserves Who Were Activated During Persian Gulf War
"(a)
"(1) an employee of the Judicial Branch may (during a period specified by the Director of the Administrative Office) donate any unused annual leave from the employee's annual leave account to a leave bank established by the Director;
"(2) the total amount of annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursuant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of
"(3) such Persian Gulf conflict participants who have returned to Judicial Branch employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other annual leave to their credit.
"(b)
"(c)
Leave Bank for Federal Civilian Employees in Reserves Who Were Activated During Persian Gulf War
"(a)
"(1) an employee in any executive agency may (during a period specified by the Office of Personnel Management) donate any unused annual leave from the employee's annual leave account to a leave bank established by the Office of Personnel Management;
"(2) the total annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursuant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of
"(3) such Persian Gulf concflict [sic] participants who have returned to civilian employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other annual leave to their credit.
"(b)
"(c)
"(d)
§6362. General authority
Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which—
(1) annual leave accrued or accumulated by an employee may be contributed to a leave bank established by the employing agency of such employee; and
(2) leave from such a leave bank may be made available to an employee who requires such leave because of a medical emergency.
(Added
Editorial Notes
Amendments
1993—
"(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."
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§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.
(Added
§6364. Establishment of Leave Bank Boards
(a)(1) 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 administer the leave bank under the provisions of this subchapter, in consultation with the Office of Personnel Management.
(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.
(Added
§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 contribution) 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.
(d) The Office of Personnel Management shall prescribe regulations establishing an open enrollment period during which an employee may contribute leave under subsection (a) for a leave year.
(Added
§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 application pursuant to section 6367(a); and
(2)(A) 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).
(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 minimum 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 minimum 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).
(Added
§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 purposes as if such leave recipient had accrued such leave under section 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.
(Added
§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.
(b)(1) The Leave Bank Board of a recipient shall, consistent with guidelines prescribed by the Office of Personnel Management, establish 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.
(Added
§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.
(Added
§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, receiving, 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).
(Added
§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.
(Added
§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
(2) the term "head of an excepted agency" has the same meaning as such term is defined under
(b)(1) Except as provided in paragraph (2) and notwithstanding any other provision of this subchapter, neither an excepted agency nor any individual employed in or under an excepted agency may be included in a leave bank program established under any of the preceding provisions of this subchapter.
(2) Notwithstanding any other provision of law, the Director of the Federal Bureau of Investigation may authorize an individual employed by the Bureau to participate in a leave bank program administered by the Department of Justice under this subchapter if in the Director's judgment such participation will not adversely affect the protection of intelligence sources and methods.
(c)(1) The head of an excepted agency may, by regulation, establish a voluntary leave bank program under which annual leave accrued or accumulated by an employee of such agency may be contributed to a leave bank, and any other employee of such agency may receive additional leave from such leave bank because of a medical emergency.
(2) To the extent practicable, and consistent with the protection of intelligence sources and methods (if applicable), each program under this section shall be established in a manner consistent with the provisions of this subchapter applicable to the program.
(d) The Office of Personnel Management shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section.
(Added
Editorial Notes
Amendments
2012—Subsec. (b).
§6373. Authority to participate in both programs
(a) The Office of Personnel Management shall prescribe regulations under which an employee participating in a leave bank program under this subchapter may, subject to such terms or conditions as the Office may establish, also make or receive donations of leave under subchapter III.
(b) Notwithstanding any provision of section 6337 or 6371, if an employee uses leave transferred to such employee under subchapter III and leave made available to such employee under this subchapter in connection with the same medical emergency, the maximum number of days of annual leave and sick leave, respectively, which may accrue to such employee in connection with such medical emergency shall be the same as if all of that leave had been made available to such employee under this subchapter.
(Added
Editorial Notes
Amendments
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
SUBCHAPTER V—FAMILY AND MEDICAL LEAVE
§6381. Definitions
For the purpose of this subchapter—
(1) the term "employee" means any individual who—
(A) is an "employee", as defined by section 6301(2), including any individual employed in a position referred to in clause (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia 1 any individual employed on a temporary or intermittent basis, and any employee of the Government Accountability Office or the Library of Congress; and
(B) has completed at least 12 months of service—
(i) as an employee (as that term is defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or
(ii) which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States;
(2) the term "health care provider" means—
(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; and
(B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services;
(3) the term "parent" means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter;
(4) the term "reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee;
(5) the term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves—
(A) inpatient care in a hospital, hospice, or residential medical care facility; or
(B) continuing treatment by a health care provider;
(6) the term "son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is—
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-care because of a mental or physical disability;
(7) the term "covered active duty" means—
(A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and
(B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in
(8) the term "covered servicemember" means—
(A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
(B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy;
(9) the term "outpatient status", with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to—
(A) a military medical treatment facility as an outpatient; or
(B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients;
(10) the term "next of kin", used with respect to an individual, means the nearest blood relative of that individual;
(11) the term "serious injury or illness"—
(A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and
(B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (8)(B), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran; and
(12) the term "veteran" has the meaning given the term in
(Added
Editorial Notes
Amendments
2023—Par. (1)(B).
2021—Par. (1)(A).
Par. (1)(B).
2009—Par. (7).
Par. (8).
Pars. (11), (12).
2008—Pars. (7) to (11).
2004—Par. (1)(A).
1995—Par. (1)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
Regulations
1 So in original. Probably should be followed by a comma.
§6382. Leave requirement
(a)(1) Subject to section 6383 and subsection (d)(2) of this section, an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following:
(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
(B) Because of the placement of a son or daughter with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
(D) Because of a serious health condition that makes the employee unable to perform the functions of the employee's position.
(E) Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
(2) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) based on the birth or placement of a son or daughter shall expire at the end of the 12-month period beginning on the date of such birth or placement.
(3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.
(4) Subject to subsection (d)(2), during the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.
(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and subsection (b)(5) or (f) (as appropriate) of section 6383, leave under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3) may be taken intermittently or on a reduced leave schedule when medically necessary. Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule. In the case of an employee who takes leave intermittently or on a reduced leave schedule pursuant to this paragraph, any hours of leave so taken by such employee shall be subtracted from the total amount of leave remaining available to such employee under subsection (a), for purposes of the 12-month period involved, on an hour-for-hour basis.
(2) If an employee requests intermittent leave, or leave on a reduced leave schedule, under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3), that is foreseeable based on planned medical treatment, the employing agency may require such employee to transfer temporarily to an available alternative position offered by the employing agency for which the employee is qualified and that—
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave than the regular employment position of the employee.
(c) Except as provided in subsection (d), leave granted under subsection (a) shall be leave without pay.
(d)(1) An employee may elect to substitute for leave under subparagraph (C), (D), or (E) of subsection (a)(1) any of the employee's accrued or accumulated annual or sick leave for any part of the 12-week period of leave under such subsection, except that nothing in this subchapter shall require an employing agency to provide paid sick leave in any situation in which such employing agency would not normally provide any such paid leave. An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave for any part of the 26-week period of leave under such subsection.
(2)(A) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose.
(B) The paid leave that is available to an employee for purposes of subparagraph (A) is—
(i) 12 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and
(ii) during the 12-month period referred to in subsection (a)(1), and in addition to the 12 administrative workweeks under clause (i), any annual or sick leave accrued or accumulated by such employee.
(C) Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B)(ii) before being allowed to use the paid parental leave described in subparagraph (B)(i).
(D) Paid parental leave under subparagraph (B)(i)—
(i) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;
(ii) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and
(iii) if not used by the employee before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.
(E) Nothing in this paragraph shall be construed to modify the requirement to complete at least 12 months of service as an employee (within the meaning of section 6381(1)(A)) before the date of the applicable birth or placement involved to be eligible for paid parental leave under subparagraph (B)(i) of this paragraph.
(F)(i) An employee may not take leave under this paragraph unless the employee agrees (in writing), before the commencement of such leave, to work for the applicable employing agency for not less than a period of 12 weeks beginning on the date such leave concludes.
(ii) The head of the agency shall waive the requirement in clause (i) in any instance where the employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition (including mental health), related to the applicable birth or placement of a child, of the employee or the child.
(iii) The head of the employing agency may require that an employee who claims to be unable to return to work because of a health condition described under clause (ii) provide certification supporting such claim by the health care provider of the employee or the child (as the case may be). The employee shall provide such certification to the head in a timely manner.
(G)(i) If an employee fails to return from paid leave provided under this paragraph after the date such leave concludes, the employing agency may recover, from such employee, an amount equal to the total amount of Government contributions paid by the agency under section 8906 on behalf of the employee for maintaining such employee's health coverage under
(ii) Clause (i) shall not apply to any employee who fails to return from such leave due to—
(I) the continuation, recurrence, or onset of a serious health condition as described under, and consistent with the requirements of, subparagraph (F); or
(II) any other circumstance beyond the control of the employee.
(e)(1) In any case in which the necessity for leave under subparagraph (A) or (B) of subsection (a)(1) or under subsection (a)(3) is foreseeable based on an expected birth or placement, the employee shall provide the employing agency with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
(2) In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3) is foreseeable based on planned medical treatment, the employee—
(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate; and
(B) shall provide the employing agency with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
(3) In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the employer as is reasonable and practicable.
(Added
Editorial Notes
Amendments
2021—Subsec. (d)(1).
Subsec. (d)(2)(B)(ii).
2019—Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (d).
2009—Subsec. (a)(1)(E).
Subsec. (b)(1).
Subsec. (d).
Subsec. (e)(2)(A).
Subsec. (e)(3).
2008—Subsec. (a)(3), (4).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date of 2008 Amendment
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
Clarification for Members of the National Guard and Reserves: Executive Branch Employees
§6383. Certification
(a) An employing agency may require that a request for leave under subparagraph (C) or (D) of section 6382(a)(1) be supported by certification issued by the health care provider of the employee or of the son, daughter, spouse, or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employing agency.
(b) A certification provided under subsection (a) shall be sufficient if it states—
(1) the date on which the serious health condition commenced;
(2) the probable duration of the condition;
(3) the appropriate medical facts within the knowledge of the health care provider regarding the condition;
(4)(A) for purposes of leave under section 6382(a)(1)(C), a statement that the employee is needed to care for the son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent; and
(B) for purposes of leave under section 6382(a)(1)(D), a statement that the employee is unable to perform the functions of the position of the employee; and
(5) in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment.
(c)(1) In any case in which the employing agency has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 6382(a)(1), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (b) for such leave.
(2) Any health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employing agency.
(d)(1) In any case in which the second opinion described in subsection (c) differs from the original certification provided under subsection (a), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employing agency and the employee concerning the information certified under subsection (b).
(2) The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employing agency and the employee.
(e) The employing agency may require, at the expense of the agency, that the employee obtain subsequent recertifications on a reasonable basis.
(f) An employing agency may require that a request for leave under paragraph (1)(E) or (3) of section 6382(a) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.
(Added
Editorial Notes
Amendments
2009—Subsec. (f).
2008—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
§6384. Employment and benefits protection
(a) Any employee who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return from such leave—
(1) to be restored by the employing agency to the position held by the employee when the leave commenced; or
(2) to be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.
(b) The taking of leave under section 6382 shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
(c) Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored employee to—
(1) the accrual of any employment benefits during any period of leave; or
(2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(d) As a condition to restoration under subsection (a) for an employee who takes leave under section 6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work.
(e) Nothing in this section shall be construed to prohibit an employing agency from requiring an employee on leave under section 6382 to report periodically to the employing agency on the status and intention of the employee to return to work.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
§6385. Prohibition of coercion
(a) An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights which such other employee may have under this subchapter.
(b) For the purpose of this section—
(1) the term "intimidate, threaten, or coerce" includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation); and
(2) the term "employee" means any "employee", as defined by section 2105.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
§6386. Health insurance
An employee enrolled in a health benefits plan under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
§6387. Regulations
The Office of Personnel Management shall prescribe regulations necessary for the administration of this subchapter. The regulations prescribed under this subchapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Family and Medical Leave Act of 1993.
(Added
Editorial Notes
References in Text
The Family and Medical Leave Act of 1993, referred to in text, is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
§6391. Authority for leave transfer program in disasters and emergencies
(a) For the purpose of this section—
(1) "employee" means an employee as defined in section 6331(1); and
(2) "agency" means an Executive agency.
(b) In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely affected by such disaster or emergency.
(c) The Office shall establish appropriate requirements for the operation of the emergency leave transfer program under subsection (b), including appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient's credit must be exhausted before any transferred annual leave may be used.
(d) A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program established under subsection (b).
(e) Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or acceptance of leave under this section.
(f) After consultation with the Administrative Office of the United States Courts, the Office of Personnel Management shall provide for the participation of employees in the judicial branch in any emergency leave transfer program under this section.
(g) The Office shall prescribe regulations necessary for the administration of this section.
(Added
Editorial Notes
Amendments
2006—Subsecs. (f), (g).
Executive Documents
Ex. Ord. No. 13745. Delegation of Function to the Director of the Office of Personnel Management
Ex. Ord. No. 13745, Oct. 31, 2016, 81 F.R. 76493, provided:
By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including
(b) The Director of OPM shall notify the President of the establishment of any emergency leave transfer program pursuant to the authority in subsection (a).
Barack Obama.
CHAPTER 65 —TELEWORK
§6501. Definitions
In this chapter:
(1)
(2)
(3)
(Added
Statutory Notes and Related Subsidiaries
Telework Research
"(a)
"(1) research the utilization of telework by public and private sector entities that identify best practices and recommendations for the Federal Government;
"(2) review the outcomes associated with an increase in telework, including the effects of telework on energy consumption, job creation and availability, urban transportation patterns, and the ability to anticipate the dispersal of work during periods of emergency; and
"(3) make any studies or reviews performed under this subsection available to the public.
"(b)
"(c)
Implementation of Telecommuting Programs
Similar provisions were contained in the following appropriation acts:
Telecommuting in Executive Agencies
§6502. Executive agencies telework requirement
(a)
(1)
(A) establish a policy under which eligible employees of the agency may be authorized to telework;
(B) determine the eligibility for all employees of the agency to participate in telework; and
(C) notify all employees of the agency of their eligibility to telework.
(2)
(A) the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or
(B) the employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
(b)
(1) ensure that telework does not diminish employee performance or agency operations;
(2) require a written agreement that—
(A) is entered into between an agency manager and an employee authorized to telework, that outlines the specific work arrangement that is agreed to; and
(B) is mandatory in order for any employee to participate in telework;
(3) provide that an employee may not be authorized to telework if the performance of that employee does not comply with the terms of the written agreement between the agency manager and that employee;
(4) except in emergency situations as determined by the head of an agency, not apply to any employee of the agency whose official duties require on a daily basis (every work day)—
(A) direct handling of secure materials determined to be inappropriate for telework by the agency head; or
(B) on-site activity that cannot be handled remotely or at an alternate worksite;
(5) be incorporated as part of the continuity of operations plans of the agency in the event of an emergency; and
(6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee's official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.
(c)
(1) the agency determines that such a requirement would not—
(A) pose a threat to the employee or others;
(B) result in the destruction of evidence relevant to an investigation;
(C) result in the loss of or damage to Government property; or
(D) otherwise jeopardize legitimate Government interests;
(2) the employee is eligible to telework under subsections (a) and (b) of this section; and
(3) the agency determines that it would be appropriate for the employee to perform the duties of the employee through telework.
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (a)(1), is the date of enactment of
Amendments
2021—Subsec. (b)(6).
2016—Subsec. (c).
Statutory Notes and Related Subsidiaries
Telecommuting Opportunities
"(a)
"(1)
"(2)
"(b)
§6503. Training and monitoring
(a)
(1) an interactive telework training program is provided to—
(A) employees eligible to participate in the telework program of the agency; and
(B) all managers of teleworkers;
(2) except as provided under subsection (b), an employee has successfully completed the interactive telework training program before that employee enters into a written agreement to telework described under section 6502(b)(2);
(3) teleworkers and nonteleworkers are treated the same for purposes of—
(A) periodic appraisals of job performance of employees;
(B) training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees;
(C) work requirements; or
(D) other acts involving managerial discretion; and
(4) when determining what constitutes diminished employee performance, the agency shall consult the performance management guidelines of the Office of Personnel Management.
(b)
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of
§6504. Policy and support
(a)
(b)
(1) provide policy and policy guidance for telework in the areas of pay and leave, agency closure, performance management, official worksite, recruitment and retention, and accommodations for employees with disabilities;
(2) assist each agency in establishing appropriate qualitative and quantitative measures and teleworking goals; and
(3) consult with—
(A) the Federal Emergency Management Agency on policy and policy guidance for telework in the areas of continuation of operations and long-term emergencies;
(B) the General Services Administration on policy and policy guidance for telework in the areas of telework centers, travel, technology, equipment, and dependent care; and
(C) the National Archives and Records Administration on policy and policy guidance for telework in the areas of efficient and effective records management and the preservation of records, including Presidential and Vice-Presidential records.
(c)
(1)
(2)
(A) control access to agency information and information systems;
(B) protect agency information (including personally identifiable information) and information systems;
(C) limit the introduction of vulnerabilities;
(D) protect information systems not under the control of the agency that are used for teleworking;
(E) safeguard wireless and other telecommunications capabilities that are used for teleworking; and
(F) prevent inappropriate use of official time or resources that violates subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch by viewing, downloading, or exchanging pornography, including child pornography.
(d)
(1)
(2)
(e)
(1) maintain a central telework website; and
(2) include on that website related—
(A) telework links;
(B) announcements;
(C) guidance developed by the Office of Personnel Management; and
(D) guidance submitted by the Federal Emergency Management Agency, and the General Services Administration to the Office of Personnel Management not later than 10 business days after the date of submission.
(f)
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsecs. (c)(1) and (f), is the date of enactment of
§6505. Telework Managing Officer
(a)
(b)
(1) be devoted to policy development and implementation related to agency telework programs;
(2) serve as—
(A) an advisor for agency leadership, including the Chief Human Capital Officer;
(B) a resource for managers and employees; and
(C) a primary agency point of contact for the Office of Personnel Management on telework matters; and
(3) perform other duties as the applicable delegating authority may assign.
(c)
(d)
(Added
§6506. Reports
(a)
(b)
(1)
(A) submit a report addressing the telework programs of each executive agency to—
(i) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii) the Committee on Oversight and Government Reform of the House of Representatives; and
(B) transmit a copy of the report to the Comptroller General and the Office of Management and Budget.
(2)
(A) the degree of participation by employees of each executive agency in teleworking during the period covered by the report (and for each executive agency whose head is referred to under section 5312, the degree of participation in each bureau, division, or other major administrative unit of that agency), including—
(i) the total number of employees in the agency;
(ii) the number and percent of employees in the agency who are eligible to telework; and
(iii) the number and percent of eligible employees in the agency who are teleworking—
(I) 3 or more days per pay period;
(II) 1 or 2 days per pay period;
(III) once per month; and
(IV) on an occasional, episodic, or short-term basis;
(B) the method for gathering telework data in each agency;
(C) if the total number of employees teleworking is 10 percent higher or lower than the previous year in any agency, the reasons for the positive or negative variation;
(D) the agency goal for increasing participation to the extent practicable or necessary for the next reporting period, as indicated by the percent of eligible employees teleworking in each frequency category described under subparagraph (A)(iii);
(E) an explanation of whether or not the agency met the goals for the last reporting period and, if not, what actions are being taken to identify and eliminate barriers to maximizing telework opportunities for the next reporting period;
(F) an assessment of the progress each agency has made in meeting agency participation rate goals during the reporting period, and other agency goals relating to telework, such as the impact of telework on—
(i) emergency readiness;
(ii) energy use;
(iii) recruitment and retention;
(iv) performance;
(v) productivity; and
(vi) employee attitudes and opinions regarding telework; and
(G) the best practices in agency telework programs.
(c)
(1)
(A)
(i) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii) the Committee on Oversight and Government Reform of the House of Representatives.
(B)
(2)
(d)
(1)
(2)
(A) review the reports submitted under paragraph (1);
(B) include relevant information from the submitted reports in the annual report to Congress required under subsection (b); and
(C) use that relevant information for other purposes related to the strategic management of human capital.
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsecs. (b)(1) and (c)(1)(A), is the date of enactment of
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.