§6307 — Title 5 Government Organization and Employees | U.S. Code

Summary

Employees earn sick leave at the rate of one-half day for each full biweekly pay period. Members of the Firefighting Division of the D.C. Fire Department earn sick leave at two-fifths of a day per full biweekly pay period. Unused sick leave carries over to later years. Sick leave can be used for adoption-related purposes. In serious disability or adoption cases, up to 30 days of sick leave may be advanced, but firefighters may be advanced up to 24 days. The Office of Personnel Management (OPM) will define who counts as a “family member,” and that definition must include anyone who met the leave-transfer program definition on January 1, 1993. Sick leave may be used to care for a sick family member or for death-related matters, including funeral arrangements. An employee may use up to 40 hours per year for those family reasons, plus up to 64 more hours if doing so does not reduce their sick leave balance below 80 hours. OPM will set proportional limits for part-time or unusual schedules. These family-care rules start two months after the law is enacted and last three years, and OPM must report to Congress six months before they are scheduled to end.

Title 5, §6307

Government Organization and Employees — Source: USLM XML via OLRC

(a)An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period, except that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of two-fifths of a day for each full biweekly pay period.

(b)Sick leave provided by this section, which is not used by an employee, accumulates for use in succeeding years.

(c)Sick leave provided by this section may be used for purposes relating to the adoption of a child.

(d)When required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, or for purposes relating to the adoption of a child, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia.

(d)(1) 11 So in original. Probably should be “(e)(1)”. For the purpose of this subsection, the term “family member” shall have such meaning as the Office of Personnel Management shall by regulation prescribe, except that such term shall include any individual who meets the definition given that term, for purposes of the leave transfer program under subchapter III, under regulations prescribed by the Office (as in effect on January 1, 1993).

(2)Subject to paragraph (3) and in addition to any other allowable purpose, sick leave may be used by an employee—

(A)to give care or otherwise attend to a family member having an illness, injury, or other condition which, if an employee had such condition, would justify the use of sick leave by such an employee; or

(B)for purposes relating to the death of a family member, including to make arrangements for or attend the funeral of such family member.

(3)(A)Sick leave may be used by an employee for the purposes provided under paragraph (2) only to the extent the amount used for such purposes does not exceed—

(i)40 hours in any year, plus

(ii)up to an additional 64 hours in any year, but only to the extent the use of such additional hours does not cause the amount of sick leave to the employee’s credit to fall below 80 hours.

(B)In the case of a part-time employee or an employee on an uncommon tour of duty, the Office of Personnel Management shall establish limitations that are proportional to those prescribed under subparagraph (A).

(4)(A)This subsection shall be effective during the 3-year period that begins upon the expiration of the 2-month period that begins on the date of the enactment of this subsection.

(B)Not later than 6 months before the date on which this subsection is scheduled to cease to be effective, the Office shall submit a report to Congress in which it shall evaluate the operation of this subsection and make recommendations as to whether or not this subsection should be continued beyond such date.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2063.Oct. 30, 1951, ch. 631, § 204, 65 Stat. 681.Aug. 21, 1964, Pub. L. 88–471, § 6(b), (c), 78 Stat. 583. The word “officer”, referring to an officer of the Firefighting Division, is omitted as covered by the words “a member of the Firefighting Division”. In subsection (c), the words “with pay” are added for clarity. Standard changes are made to conform with the definitions applicable and style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d)(4)(A), is the date of enactment of Pub. L. 103–388, which was approved Oct. 22, 1994.

Amendments

1994—Subsec. (c). Pub. L. 103–329, § 629(b)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 103–388 added subsec. (d) relating to use of sick leave for purposes relating to family member. Pub. L. 103–329, § 629(b)(1)(A), (C), redesignated subsec. (c) as (d) and inserted “or for purposes relating to the adoption of a child,” after “ailment,”.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 103–329, title VI, § 629(b)(3), Sept. 30, 1994, 108 Stat. 2423, provided that: “(3)(A) The Office of Personnel Management shall prescribe

Regulations

under which any employee who used or uses annual leave for an adoption-related purpose, after

September 30, 1991, and before the date as of which sick leave first becomes available for such purpose as a result of the enactment of this subsection may, upon appropriate written application, elect to have such employee’s leave accounts adjusted to reflect the amount of annual leave and sick leave, respectively, which would remain had sick leave been used instead of all or any portion of the annual leave actually used, as designated by the employee. “(B) An application under this paragraph may not be approved unless it is submitted—“(i) within 1 year after the date of the enactment of this Act [

September 30, 1994] or such later date as the Office may prescribe; “(ii) in such form and manner as the Office shall require; and “(iii) by an individual who is an employee as of the time of application. “(C) For the purpose of this paragraph, the term ‘employee’ has the meaning given such term by section 6301(2) of title 5, United States Code.” Adoptions During Fiscal Year 1991 Pub. L. 101–509, title V, § 536, Nov. 5, 1990, 104 Stat. 1470, for fiscal year 1991, authorized sick leave provided by section 6307 of this title to be approved for purposes related to the adoption of a child.

§6307 Sick Leave; Accrual and Accumulation

Summary

Title 5, §6307

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Regulations

Regulations

Citations & Metadata