Title 2The CongressRelease 119-73

§4580 Lump sum payment for accrued annual leave of Senate employees

Title 2 › Chapter CHAPTER 45— - CONGRESSIONAL PAY AND BENEFITS › Subchapter SUBCHAPTER III— - SENATE › Part Part A— - Amount and Type › § 4580

Last updated Apr 6, 2026|Official source

Summary

Heads of Senate offices can pay a departing employee a single lump-sum for unused annual leave if three things happen: the office has an approved written leave policy that lets employees earn leave and says when it can be paid; the head sends a written certification to the Financial Clerk of the Senate showing how many days of leave will be paid; and there are enough funds to make the payment. The payment cannot be more than the lesser of twice the employee’s monthly pay or the employee’s daily pay times the number of accrued days. The Secretary of the Senate will calculate the monthly and daily rates from the employee’s annual pay on the date they leave. The money must come from the same appropriation account or fund used to pay the employee. If the person is rehired before the time covered by the lump sum ends, they must repay the amount that covers the period from rehire to the end of that period, and that money goes back into the same account. The Committee on Rules and Administration can make rules to carry this out. “Employee of the Senate” means anyone paid by the Secretary of the Senate, except members of the Capitol Police and civilian Capitol Police. “Head of the employing office” means the person with final hiring and firing authority.

Full Legal Text

Title 2, §4580

The Congress — Source: USLM XML via OLRC

(a)The head of the employing office of an employee of the Senate may, upon termination of employment of the employee, authorize payment of a lump sum for the accrued annual leave of that employee if—
(1)the head of the employing office—
(A)has approved a written leave policy authorizing employees to accrue leave and establishing the conditions upon which accrued leave may be paid; and
(B)submits written certification to the Financial Clerk of the Senate of the number of days of annual leave accrued by the employee for which payment is to be made under the written leave policy of the employing office; and
(2)there are sufficient funds to cover the lump sum payment.
(b)(1)A lump sum payment under this section shall not exceed the lesser of—
(A)twice the monthly rate of pay of the employee; or
(B)the product of the daily rate of pay of the employee and the number of days of accrued annual leave of the employee.
(2)The Secretary of the Senate shall determine the rates of pay of an employee under paragraph (1)(A) and (B) on the basis of the annual rate of pay of the employee in effect on the date of termination of employment.
(c)Any payment under this section shall be paid from the appropriation account or fund used to pay the employee.
(d)If an individual who received a lump sum payment under this section is reemployed as an employee of the Senate before the end of the period covered by the lump sum payment, the individual shall refund an amount equal to the applicable pay covering the period between the date of reemployment and the expiration of the lump sum period. Such amount shall be deposited to the appropriation account or fund used to pay the lump sum payment.
(e)The Committee on Rules and Administration of the Senate may prescribe regulations to carry out this section.
(f)In this section, the term—
(1)“employee of the Senate” means any employee whose pay is disbursed by the Secretary of the Senate, except that the term does not include a member of the Capitol Police or a civilian employee of the Capitol Police; and
(2)“head of the employing office” means any person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an individual whose pay is disbursed by the Secretary of the Senate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified as a note under section 60o of this title prior to editorial reclassification and renumbering as this section. Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001.

Reference

Citations & Metadata

Citation

2 U.S.C. § 4580

Title 2The Congress

Last Updated

Apr 6, 2026

Release point: 119-73