Title 5 — Government Organization and EmployeesRelease 119-73not60

§6336 Restoration of Transferred Leave

Title 5 › Part III— EMPLOYEES › Subpart E— Attendance and Leave › Chapter 63— LEAVE › Subchapter III— VOLUNTARY TRANSFERS OF LEAVE › § 6336

Last updated Apr 3, 2026|Official source

Summary

The Office of Personnel Management must set up rules to return any donated leave left in a person’s account when their medical emergency ends. Donors get back a share based on what they gave. Leave does not have to be returned if the amount would be under 1 hour (or a shorter time OPM allows), if the donor left government service before the return, or if returning it isn’t administratively possible under OPM rules. A donor can choose to have restored annual leave put into their current leave year, into the next leave year starting after they choose, or donated (all or part) to someone else. OPM must also make rules for employees paid on schedules other than biweekly, and any returns must follow other applicable OPM regulations.

Full Legal Text

Title 5, §6336

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)The Office of Personnel Management shall establish procedures under which, except as provided in paragraph (2), any transferred leave remaining to the credit of a leave recipient when the medical emergency affecting the leave recipient terminates shall be restored on a prorated basis by transfer to the appropriate accounts of the respective leave donors.

(2)Nothing in paragraph (1) shall require the restoration of leave to a leave donor—

(A)if the amount of leave which would be restored to such donor would be less than 1 hour or any other shorter period of time which the Office may by regulation prescribe;

(B)if such donor retires, dies, or is otherwise separated from service, before the date on which such restoration would otherwise be made; or

(C)if such restoration is not administratively feasible, as determined under regulations prescribed by the Office.

(b)At the election of the leave donor, transferred annual leave restored to such leave donor under subsection (a) may be restored by—

(1)crediting such leave to the leave donor’s annual leave account in the then current leave year;

(2)crediting such leave to the leave donor’s annual leave account, effective as of the first day of the first leave year beginning after the date of the election; or

(3)donating such leave in whole or part to another leave recipient; if a leave donor elects to donate only part of restored leave to another recipient, the donor may elect to have the remaining leave credited to the donor’s annual leave account in accordance with paragraph (1) or (2).

(c)The Office shall prescribe regulations under which this section shall be applied in the case of an employee who is paid other than on the basis of biweekly pay periods.

(d)Restorations of leave under this section shall be carried out in a manner consistent with regulations prescribed to carry out section 6334(c), if applicable.

Reference

Citations & Metadata

Citation

5 U.S.C. § 6336

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60