§6329 — Title 5 Government Organization and Employees | U.S. Code

Summary

New employees who are veterans with a service-connected disability rated 30 percent or more get paid leave in their first 12 months on the job to receive medical treatment for that disability. The leave can be no more than 104 hours. Any unused hours after the 12 months are lost and cannot be carried over. The employee must give the agency head a certification, in the form and way the Office of Personnel Management sets, showing the leave was used to get treatment from a health care provider. For legislative branch workers, the House Committee on House Administration sets the form for House staff, the Senate Committee on Rules and Administration sets it for Senate staff, and the head of the office sets it for other offices. Employee: meaning in 5 U.S.C. 2105; includes U.S. Postal Service and Postal Regulatory Commission workers and certain positions listed in 38 U.S.C. 7421(b). Service-connected and veteran: defined in 38 U.S.C. 101(16) and 101(2).

Title 5, §6329

Government Organization and Employees — Source: USLM XML via OLRC

(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 section 7421 of title 38, an individual occupying a position listed in subsection (b) of such section;

(2)the term “service-connected” has the meaning given such term in section 101(16) of title 38; and

(3)the term “veteran” has the meaning given such term in section 101(2) of such title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–364 designated existing provisions as par. (1) and added par. (2). Subsec. (d)(1). Pub. L. 115–238 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the term ‘employee’ has the meaning given such term in section 2105, and includes an officer or employee of the United States Postal Service or of the Postal Regulatory Commission;”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 Amendment Pub. L. 115–238, § 2(b), Sept. 7, 2018, 132 Stat. 2450, provided that: “With respect to a position listed in section 7421(b) of title 38, United States Code, the amendment made by subsection (a) [amending this section] shall apply to any individual appointed to such a position on or after the date of enactment of this Act [Sept. 7, 2018].”

Effective Date

Pub. L. 114–75, § 2(c), Nov. 5, 2015, 129 Stat. 641, provided that: “The

Amendments

made by subsection (a) [enacting this section] shall apply with respect to any employee (as that term is defined in section 6329(d)(1) of title 5, United States Code, as added by subsection (a)) hired on or after the date that is 1 year after the date of enactment of this Act [Nov. 5, 2015].”

Regulations

Pub. L. 115–364, § 1(b), Dec. 21, 2018, 132 Stat. 5088, provided that: “Not later than 9 months after the date of the enactment of this Act [Dec. 21, 2018], the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the head of each other office of the legislative branch shall prescribe

Regulations

governing the application of section 6329 of title 5, United States Code, including the certification requirement under subsection (c) of such section, to employees of the House of Representatives, employees of the Senate, and employees of such office, respectively.” Pub. L. 114–75, § 2(d), Nov. 5, 2015, 129 Stat. 641, provided that: “Not later than 9 months after the date of enactment of this Act [Nov. 5, 2015]— “(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.”

§6329 Disabled veteran leave

Summary

Title 5, §6329

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Regulations

Regulations

Regulations

Regulations

Citations & Metadata