Title 5 — Government Organization and EmployeesRelease 119-73

§6367 Receipt and use of leave from a leave bank

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart E— - Attendance and Leave › Chapter CHAPTER 63— - LEAVE › Subchapter SUBCHAPTER IV— - VOLUNTARY LEAVE BANK PROGRAM › § 6367

Last updated Apr 6, 2026|Official source

Summary

Employees can apply to receive donated leave from their agency's leave bank. The application goes to the agency's Leave Bank Board. It must give the employee's name, job title, and grade or pay level, explain why leave is needed (what the condition is, how serious, how long it will last, and how often if it repeats), and include doctor or expert statements if the Board asks. The Board may approve the request and can ask for other reasonable information. Donated annual leave is used like regular annual leave under section 6303, but the employee must use any accrued annual and sick leave first. Donated leave can accumulate without the limit in section 6304 and can be applied retroactively to cover unpaid leave or repay advanced leave that began on or after the agency’s chosen start date for the medical emergency. Section 7351 rules on solicitations do not apply unless OPM makes rules.

Full Legal Text

Title 5, §6367

Government Organization and Employees — Source: USLM XML via OLRC

(a)An application to receive contributions of leave from a leave bank, whether submitted by or on behalf of an employee—

(1)shall be submitted to the Leave Bank Board of the employing agency of the proposed leave recipient; and

(2)shall include—

(A)the name, position title, and grade or pay level of the proposed leave recipient;

(B)the reasons why leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate frequency of the medical emergency involved;

(C)if such Board so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under subparagraph (B); and

(D)any other information which such Board may reasonably require.

(b)The Leave Bank Board of an employing agency may approve an application submitted under subsection (a).

(c)A leave recipient may use annual leave received from the leave bank established by the employing agency of such employee under this subchapter in the same manner and for the same purposes as if such leave recipient had accrued such leave under section 6303, except that any annual leave and, if applicable, any sick leave accrued or accumulated to the leave recipient shall be used before any leave from the leave bank may be used.

(d)Transferred annual leave—

(1)may accumulate without regard to any limitation under section 6304; and

(2)may be substituted retroactively for any period of leave without pay, or used to liquidate an indebtedness for any period of advanced leave, which began on or after a date fixed by the employing agency of the employee as the beginning of the medical emergency involved.

(e)Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in the provisions of section 7351 shall apply to any solicitation, contribution, or use of leave to or from a leave bank under this subchapter.

Reference

Citations & Metadata

Citation

5 U.S.C. § 6367

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73