§210–1 Annual and sick leave

2022—Subsec. (a). Pub. L. 117–328, § 2225(a)(1), substituted “Ready Reserve Corps” for “Reserve Corps” and struck out “: Provided, That such

shall not authorize annual leave to be accumulated in excess of sixty days” after “allowances”. Subsec. (b). Pub. L. 117–328, § 2225(a)(2), added subsec. (b). Subsecs. (c), (d). Pub. L. 117–328, § 2225(a)(3), redesignated subsec. (d) as (c). 2020—Subsec. (a). Pub. L. 116–136 substituted “Ready Reserve Corps” for “Reserve Corps”. 1979—Subsec. (c). Pub. L. 96–76, repealed subsec. (c) which set forth limitations on granting of annual leave under subsec. (a) of this section. 1962—Subsec. (b). Pub. L. 87–649 repealed subsec. (b) which required forfeiture of all pay and allowances of an officer absent without leave. See section 503 of Title 37, Pay and Allowances of the Uniformed Services. Subsec. (c). Pub. L. 87–649 repealed last sentence which authorized a lump-sum payment for unused accumulated and accrued annual leave on date of separation, retirement, or release from active duty. See section 501 of Title 37, Pay and Allowances of the Uniformed Services. Subsec. (d). Pub. L. 87–649 repealed subsec. (d) insofar as it was applicable to the last sentence of subsec. (c). See Amendment note above.

of 2022 Amendment Pub. L. 117–328, div. FF, title II, § 2225(b), Dec. 29, 2022, 136 Stat. 5750, provided that: “The

made by subsection (a) [amending this section] shall apply with respect to accumulated annual leave (as defined in section 219 of the Public Health Service Act (42 U.S.C. 210–1)) that a commissioned officer of the Regular Corps or officer of the Ready Reserve Corps on active duty would, but for the

described in such section, lose at the end of fiscal year 2022 or a subsequent fiscal year.”

of 1962 AmendmentAmendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an

note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Section effective July 1, 1950, see section 3(a) of act Aug. 9, 1950, set out as an

of 1950 Amendment note under section 210 of this title. Authorization To Accumulate Excess Annual Leave Pub. L. 117–180, div. D, title III, § 302, Sept. 30, 2022, 136 Stat. 2136, provided that: “For purposes of annual leave accumulated in fiscal year 2022, the authority provided in section 2106 of division C of Public Law 116–159 (42 U.S.C. 210–1 note) shall apply to such leave by substituting ‘2022’ for ‘2020’ in subsections (a) and (d)(2).” Pub. L. 116–159, div. C, title I, § 2106, Oct. 1, 2020, 134 Stat. 729, provided that: “(a) In General.—Notwithstanding section 219 of the Public Health Service Act (42 U.S.C. 210–1), a commissioned officer of the Public Health Service who, except for this section, would lose at the end of the fiscal year 2020 accumulated annual leave in excess of 60 days, may retain such amounts of accumulated annual leave in excess of 60 days. “(b) Use of Excess Leave.—Annual leave retained pursuant to subsection (a) shall be lost unless it is used by the officer no later than September 30, 2023. “(c) Applicability.—This section shall not apply to an officer on terminal leave preceding separation, retirement, or release from active duty, as of the

specified in subsection (d). “(d)

Act Aug. 9, 1950, ch. 654, § 5, 64 Stat. 427, provided that: “Except insofar as the provisions of this Act [enacting this section, amending section 210 of this title, and enacting provisions set out as notes under this section and section 210 of this title] are inconsistent therewith, leave

adopted prior to the enactment of this Act [Aug. 9, 1950], pursuant to the Public Health Service Act [42 U.S.C. 201 et seq.], shall remain in effect until repealed, amended, or superseded.”

Functions of Public Health Service, of Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Delegation of Functions Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.