§4580 — Title 2 The Congress | U.S. Code

Summary

The head of a Senate office can pay a departing employee a one-time cash amount for unused vacation days if the office has an approved written leave policy, the head sends a written count of unused days to the Financial Clerk of the Senate, and there is enough money to make the payment. The payment cannot be more than the smaller of two amounts: twice the employee’s monthly pay, or the employee’s daily pay times the number of unused days. The Secretary of the Senate will work out the monthly and daily pay using the employee’s annual pay on the day they leave. The money must come from the same account that paid the employee. If the person is rehired before the time covered by the lump sum ends, they must pay back the portion that covers the overlapping period. The Committee on Rules and Administration may make rules to carry this out. “Employee of the Senate” means any worker whose pay is handled by the Secretary of the Senate, but not members or civilian staff of the Capitol Police. “Head of the employing office” means the person with final authority to hire, fire, and set the job terms.

Title 2, §4580

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(a)The head of the employing office of an employee of the Senate may, upon termination of employment of the employee, authorize payment of a lump sum for the accrued annual leave of that employee if—

(1)the head of the employing office—

(A)has approved a written leave policy authorizing employees to accrue leave and establishing the conditions upon which accrued leave may be paid; and

(B)submits written certification to the Financial Clerk of the Senate of the number of days of annual leave accrued by the employee for which payment is to be made under the written leave policy of the employing office; and

(2)there are sufficient funds to cover the lump sum payment.

(b)(1)A lump sum payment under this section shall not exceed the lesser of—

(A)twice the monthly rate of pay of the employee; or

(B)the product of the daily rate of pay of the employee and the number of days of accrued annual leave of the employee.

(2)The Secretary of the Senate shall determine the rates of pay of an employee under paragraph (1)(A) and (B) on the basis of the annual rate of pay of the employee in effect on the date of termination of employment.

(c)Any payment under this section shall be paid from the appropriation account or fund used to pay the employee.

(d)If an individual who received a lump sum payment under this section is reemployed as an employee of the Senate before the end of the period covered by the lump sum payment, the individual shall refund an amount equal to the applicable pay covering the period between the date of reemployment and the expiration of the lump sum period. Such amount shall be deposited to the appropriation account or fund used to pay the lump sum payment.

(e)The Committee on Rules and Administration of the Senate may prescribe regulations to carry out this section.

(f)In this section, the term—

(1)“employee of the Senate” means any employee whose pay is disbursed by the Secretary of the Senate, except that the term does not include a member of the Capitol Police or a civilian employee of the Capitol Police; and

(2)“head of the employing office” means any person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an individual whose pay is disbursed by the Secretary of the Senate.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified as a note under section 60o of this title prior to editorial reclassification and renumbering as this section. Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001.

§4580 Lump Sum Payment for Accrued Annual Leave of Senate Employees

Summary

Title 2, §4580

Notes & Related Subsidiaries

Editorial Notes

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