§6302 — Title 5 Government Organization and Employees | U.S. Code

Summary

Sets rules for how federal employees use and keep leave. It explains which days count as leave, how full pay periods are counted, how part-time workers get benefits, when annual leave can be used, what happens to leave for certain officers who return to coverage, how to handle excess leave taken by mistake, and when leave can be used to qualify for retirement or keep health coverage. A leave day is one the employee would normally work and be paid for and does not include federal holidays or other official nonworkdays. An employee counts as employed for a full two-week pay period if they are employed for the workdays in their normal workweek that fall in that period, excluding holidays. Part-time workers get the listed benefits on a pro rata basis (includes subsection (d) and sections 6303, 6304(a),(b), 6305(a), 6307, and 6310). Agency heads may allow annual leave at any time during the year, including leave that will accrue later. An officer who was excepted under section 6301(2)(x)–(xiii) and returns without a break keeps the unused annual and sick leave they had. If excess annual leave was used because of an administrative error, the employee can repay it in a lump sum or installments, or have it charged against future leave, unless repayment is waived under section 5584. An employee facing involuntary separation for a reduction in force or transfer of function may use annual leave to stay on the agency rolls after the separation date only if that extra time lets them qualify for an immediate annuity under sections 8336, 8412, or 8414, or to carry health benefits into retirement under section 8905(b).

Title 5, §6302

Government Organization and Employees — Source: USLM XML via OLRC

(a)The days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order.

(b)For the purpose of this subchapter an employee is deemed employed for a full biweekly pay period if he is employed during the days within that period, exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order, which fall within his basic administrative workweek.

(c)A part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this section and section 6303, 6304(a), (b), 6305(a), 6307, and 6310 of this title on a pro rata basis.

(d)The annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe.

(e)If an officer excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, without a break in service, again becomes subject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his credit when he was excepted from this subchapter is deemed to have remained to his credit.

(f)An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments or to have the excess leave carried forward as a charge against later-accruing annual leave, unless repayment is waived under section 5584 of this title.

(g)An employee who is being involuntarily separated from an agency due to a reduction in force or transfer of function under subchapter I of chapter 35 or section 3595 may elect to use annual leave to the employee’s credit to remain on the agency’s rolls after the date the employee would otherwise have been separated if, and only to the extent that, such additional time in a pay status will enable the employee to qualify for an immediate annuity under section 8336, 8412, 8414, or to qualify to carry health benefits coverage into retirement under section 8905(b).

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)–(c)5 U.S.C. 2064 (less (d), (e)).Oct. 30, 1951, ch. 631, § 205 (less (d)), 65 Stat. 681. (d)5 U.S.C. 2062(h).Oct. 30, 1951, ch. 631, § 203(h), 65 Stat. 681. (e)5 U.S.C. 2061a(b).July 2, 1953, ch. 178, § 2(b), 67 Stat. 137. In subsection (d), the words “the head of the agency concerned” are substituted for “the heads of the various departments and independent establishments”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1998—Subsec. (g). Pub. L. 105–277 inserted “or section 3595” after “chapter 35”. 1996—Subsec. (g). Pub. L. 104–208 added subsec. (g). 1978—Subsec. (e). Pub. L. 95–519 substituted “6301(2)(x)–(xiii)” for “6301(2)(x)–(xii)”. 1973—Subsec. (f). Pub. L. 93–181 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–519 effective beginning on first day of first applicable pay period beginning on or after Oct. 25, 1978, see section 4(a) of Pub. L. 95–519, set out as a note under section 5551 of this title. Temporary Authority To Transfer Leave Pub. L. 101–237, title II, § 206(b)(2), Dec. 18, 1989, 103 Stat. 2068, provided that: “The authority of the Department of Veterans Affairs under section 618 of the Treasury, Postal Service and General Government Appropriations Act, 1989 [Pub. L. 100–440, set out below], to operate a leave-transfer program for employees subject to section 4108 of title 38, United States Code, is extended until the programs provided for in subsection (e) of such section 4108 (as added by subsection (a) of this section) are implemented, but not later than October 1, 1990.” Similar provisions were contained in the following acts: Pub. L. 101–144, title V, § 518, Nov. 9, 1989, 103 Stat. 874. Pub. L. 101–110, § 1(d), Oct. 6, 1989, 103 Stat. 682. Pub. L. 100–440, title VI, § 618, Sept. 22, 1988, 102 Stat. 1755, provided that: “In order to ensure that the experimental use of voluntary leave transfers established under Public Laws 99–500, 99–591 [Pub. L. 99–500, § 101(m) [title VII], Oct. 18, 1986, 100 Stat. 1783–308, 1783–334, and Pub. L. 99–591, § 101(m) [title VII], Oct. 30, 1986, 100 Stat. 3341–308, 3341–334], and 100–202 [Pub. L. 100–202, § 101(m) [title VI, § 625], Dec. 22, 1987, 101 Stat. 1329–390, 1329–430] may continue and may cover additional employees in fiscal year 1989, the Office of Personnel Management may continue to operate by regulation, notwithstanding chapter 63 of title 5, United States Code, a program under which the unused accrued annual leave of officers or employees of the Federal Government may be transferred for use by other officers or employees who need such leave due to a personal emergency as defined in the

Regulations

. The Office may provide by regulation for such exceptions from the provisions of section 7351 of title 5 as the Office may determine appropriate for the transfer of leave under this section. The Veterans’ Administration may operate a similar program for employees subject to section 4108 of title 38, United States Code. The programs operated under this section shall expire at the end of fiscal year 1989, but any leave that has been transferred to an officer or employee under the programs shall remain available for use until the personal emergency has ended, and any remaining unused transferred leave shall, to the extent administratively feasible, be restored to the leave accounts of the officers or employees from whose accounts it was originally transferred.” Similar provisions were contained in the following prior appropriations act: Pub. L. 100–202, § 101(m) [title VI, § 625], Dec. 22, 1987, 101 Stat. 1329–390, 1329–430. For provisions ratifying any actions of the Secretary of Veterans Affairs in carrying out section 618 of Pub. L. 100–440, set out above, during the period Dec. 1, 1989, to Dec. 18, 1989, see section 604 of Pub. L. 101–237, set out as a note under section 1720B of Title 38, Veterans’ Benefits. Similar provisions for the period Oct. 1, 1989, to Oct. 6, 1989, were contained in section 3(b) of Pub. L. 101–110, set out as a note under section 1720B of Title 38.

§6302 General Provisions