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Title 5 — Government Organization and EmployeesRelease 119-73not60

§6306 Annual Leave; Refund of Lump-sum Payment; Recredit of Annual Leave

Title 5 › Part III— EMPLOYEES › Subpart E— Attendance and Leave › Chapter 63— LEAVE › Subchapter I— ANNUAL AND SICK LEAVE › § 6306

Last updated Apr 3, 2026|Official source

Summary

If you took a lump-sum payment for unused annual leave and you go back to work for the U.S. or D.C. government before the time covered by that payment ends, you must pay back the money for the days from your rehire date until the end of that paid leave period. This does not apply if you return to certain excluded jobs (see 6301(2)(ii), (iii), (vi), or (vii)). The refunded money goes to the U.S. Treasury for the hiring agency. If you return under the same leave system, the same amount of leave is put back on your record. If you return under a different leave system, the leave is recredited on an adjusted basis under rules set by OPM. If you return to jobs excluded under 6301(2)(x)–(xiii), the leave is treated as if it stayed on your record when you later separate, die, or transfer.

Full Legal Text

Title 5, §6306

Government Organization and Employees — Source: USLM XML via OLRC

(a)When an individual who received a lump-sum payment for leave under section 5551 of this title is reemployed before the end of the period covered by the lump-sum payment in or under the Government of the United States or the government of the District of Columbia, except in a position excepted from this subchapter by section 6301(2)(ii), (iii), (vi), or (vii) of this title, he shall refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period.
(b)An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management. When an individual is reemployed in a position excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 61b (3d–5th sentences).Dec. 21, 1944, ch. 632, § 1 (1st proviso and so much of last sentence as precedes 2d proviso), 58 Stat. 845. July 2, 1953, ch. 178, § 4(a) (2d–4th sentences), 67 Stat. 137. Aug. 18, 1959, Pub. L. 86–168, § 202(e), 73 Stat. 389. 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

1978—Subsec. (b). Pub. L. 95–519 substituted “6301(2)(x)–(xiii)” for “6301(2)(x)–(xii)”. Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978

Amendments

Amendment 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. Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 6306

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60