§904 — Title 20 Education | U.S. Code

Summary

Teachers earn paid leave at the rate of one day for each calendar month (or part of a month) in a school year. If the school year is more than eight months and a teacher works the whole year, they get ten days; teachers in supervisory jobs get at least ten and up to thirteen days. Weekends, regular holidays, and other nonwork days set by the administration are not counted as leave. Under rules the Secretary of Defense makes under section 902, that leave can be used for maternity, the teacher’s own illness, illness/contagious disease or death in the immediate family, or other personal emergencies. People whose jobs are officially teaching positions, and employees who move into teaching from another leave system without a break, are covered. If someone brings extra sick leave from another system that exceeds the teaching system’s maximum, the extra stays on their record until used, but using more than they earn in a year will reduce the next year’s maximum until it fits the limit. When a person separates, annual leave is paid out under section 5551 of title 5, but leave earned under the teaching accrual above is not paid out. Leave balances transfer on an adjusted basis when a teacher moves to a different leave system, under rules from the Director of the Office of Personnel Management. The Director of Dependents’ Education, with the OPM Director, must set up a voluntary leave transfer program like the one in subchapter III of chapter 63 of title 5, and may set up a voluntary leave bank like the one in subchapter IV of chapter 63 of title 5.

Title 20, §904

Education — Source: USLM XML via OLRC

(a)Subject to the regulations prescribed and issued by the Secretary of Defense under section 902 of this title, each teacher (other than an individual employed as a substitute teacher) shall be entitled to cumulative leave, with pay, which shall accrue at the rate of one day for each calendar month, or part thereof, of a school year, except that if the school year includes more than eight months, any such teacher who shall have served for the entire school year shall be entitled to ten (or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen) days of cumulative leave with pay.

(b)Saturdays, Sundays, regularly scheduled holidays, and other administratively authorized nonwork days shall not be considered to be days of leave for the purposes of subsection (a) of this section.

(c)Subject to the regulations prescribed and issued by the Secretary of Defense, leave earned by any teacher under subsection (a) of this section may be used by such teacher—

(1)for maternity purposes,

(2)in the event of the illness of such teacher,

(3)in the event of illness, contagious disease, or death in the immediate family of such teacher, and

(4)in the event of any personal emergency.

(d)Any individual—

(1)who is holding a position which is determined to be a teaching position, or

(2)who is an employee of the Federal Government or the municipal government of the District of Columbia who is transferred, promoted, or reappointed, without break in service, from a position under a different leave system to a teaching position,

(e)In any case in which the amount of sick leave, which is to the credit of any individual under a different leave system immediately prior to the date on which he becomes subject as a teacher to the leave system provided by this section and which is included in the leave provided for in subsection (a) of this section, is in excess of the maximum amount of accumulated leave allowable under subparagraph (2) of such subsection, such excess shall remain to the credit of such teacher until used, but the use during any leave year of an amount in excess of the aggregate amount which shall have accrued during such year shall reduce automatically the maximum allowable amount of accumulated leave at the beginning of the next leave year until such amount no longer exceeds the maximum amount allowable under subparagraph (2) of subsection (a) of this section.

(f)Any annual leave remaining, upon his separation from the service, to the credit of an individual within the purview of this section shall be liquidated in accordance with section 5551 of title 5, except that leave earned or included under subsection (a) of this section shall not be liquidated.

(g)In the case of any teacher who is transferred, promoted, or reappointed, without break in service, to a position under a different leave system, the annual leave, and any other leave earned or credited under this section, which is to his credit immediately prior to such transfer, promotion, or reappointment, shall be transferred to his credit in the employing agency on an adjusted basis in accordance with regulations which shall be prescribed by the Director of the Office of Personnel Management.

(h)The Director of Dependents’ Education, in consultation with the Director of the Office of Personnel Management—

(1)shall establish for teachers a voluntary leave transfer program similar to the one under subchapter III of chapter 63 of title 5; and

(2)may establish for teachers a voluntary leave bank program similar to the one under subchapter IV of chapter 63 of title 5.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (f), “section 5551 of title 5” substituted for “the Act of December 21, 1944 (5 U.S.C. 61b and the following)” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section was formerly classified to section 2354 of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments

1994—Subsec. (a). Pub. L. 103–425, § 1(1), inserted “(or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen)” after “ten”. Subsec. (d). Pub. L. 103–425, § 1(2), substituted “Secretary of Defense” for “Secretary of the military department concerned” in concluding provisions. Subsec. (h). Pub. L. 103–425, § 1(3), added subsec. (h). 1984—Subsec. (a). Pub. L. 98–369 struck out provisions which had directed that not more than seventy-five days of leave could be accumulated to the credit of a teacher at any one time under this subsection.

Executive Documents

Transfer of Functions

“Director of the Office of Personnel Management” substituted for “United States Civil Service Commission” in subsec. (g), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§904 Leave