Title 5 — Government Organization and EmployeesRelease 119-73

§6366 Eligibility for leave recipients

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart E— - Attendance and Leave › Chapter CHAPTER 63— - LEAVE › Subchapter SUBCHAPTER IV— - VOLUNTARY LEAVE BANK PROGRAM › § 6366

Last updated Apr 6, 2026|Official source

Summary

If an employee has a medical emergency and applies for donated leave, they must first give some of their own accrued annual leave to their agency’s leave bank in the same leave year. The donation must be made before the employee files the application, and it must go to the same leave bank they use when applying. How much to give depends on years of service: under 3 years = 4 hours, 3 to under 15 years = 6 hours, 15 years or more = 8 hours. The agency’s Leave Bank Board, after talking with the Office of Personnel Management, can lower the minimum if the bank has too much leave or raise the minimum for the next year if there is a shortage. Employees may give more voluntarily, up to the limit in section 6365(b).

Full Legal Text

Title 5, §6366

Government Organization and Employees — Source: USLM XML via OLRC

(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).

Reference

Citations & Metadata

Citation

5 U.S.C. § 6366

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73