§6337 — Title 5 Government Organization and Employees | U.S. Code

Summary

"Paid leave status" means when an employee is using regular sick or annual leave under the usual leave rules. "Transferred leave status" means when an employee is using leave that was donated or moved to them under this special program. While an employee is on transferred leave, they keep earning annual and sick leave at the same rate as if they were on regular paid leave. But for any one medical emergency they can earn no more than 5 days of annual leave and no more than 5 days of sick leave. That leave is held in a separate account and cannot be used until it is moved into the employee’s regular leave account. The move happens either at the start of the first pay period after the medical emergency ends under the law, or, if the emergency is still ongoing, after the employee has used all transferred leave. If the emergency ends in a particular way described in the law, any accrued but not moved leave will not be credited, and any leave already made available may stop being available. More donated transfers can still be made for a continuing medical emergency after this accrued leave is used.

Title 5, §6337

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section—

(1)the term “paid leave status under subchapter I”, as used with respect to an employee, means the administrative status of such employee while such employee is using sick leave, or annual leave, accrued or accumulated under subchapter I; and

(2)the term “transferred leave status”, as used with respect to an employee, means the administrative status of such employee while such employee is using transferred leave under this subchapter.

(b)(1)Except as otherwise provided in this section, while an employee is in a transferred leave status, annual leave and sick leave shall accrue to the credit of such employee at the same rate as if such employee were then in a paid leave status under subchapter I, except that—

(A)the maximum amount of annual leave which may be accrued by an employee while in transferred leave status in connection with any particular medical emergency may not exceed 5 days; and

(B)the maximum amount of sick leave which may be accrued by an employee while in transferred leave status in connection with any particular medical emergency may not exceed 5 days.

(2)Any annual or sick leave accrued by an employee under this section—

(A)shall be credited to an annual leave or sick leave account, as appropriate, separate from any leave account of such employee under subchapter I; and

(B)shall not become available for use by such employee, and may not otherwise be taken into account under subchapter I, until, in accordance with subsection (c), it is transferred to the appropriate leave account of such employee under subchapter I.

(c)(1)Any annual or sick leave accrued by an employee under this section shall be transferred to the appropriate leave account of such employee under subchapter I, and shall be available for use—

(A)as of the beginning of the first applicable pay period beginning after the date on which the employee’s medical emergency terminates as described in paragraph (1) or (2) of section 6335(a); or

(B)if the employee’s medical emergency has not yet terminated, once the employee has exhausted all transferred leave made available to such employee under this subchapter.

(2)In the event that the employee’s medical emergency terminates as described in section 6335(a)(3)—

(A)any leave accrued but not yet transferred under this section shall not be credited to such employee; or

(B)if there remains, as of the date the emergency so terminates, any leave which became available to such employee under paragraph (1)(B), such leave shall cease to be available for any purpose.

(d)Nothing in this section shall be considered to prevent, with respect to a continuing medical emergency, further transfers of leave for use after leave accrued under this section has been exhausted by the employee.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsecs. (c), (d). Pub. L. 103–103 amended subsec. (c) generally and added subsec. (d). Prior to amendment, subsec. (c) read as follows: “(1) Any annual or sick leave accrued by an employee under this section shall be transferred to the appropriate leave account of such employee under subchapter I, effective as of the beginning of the first applicable pay period beginning after the date on which the employee’s medical emergency terminates as described in paragraph (1) or (2) of section 6335(a). “(2) If the employee’s medical emergency terminates as described in section 6335(a)(3), no leave shall be credited to such employee under this section.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–103 effective as of the 120th day after Oct. 8, 1993, or such earlier date as the Office of Personnel Management may by regulation prescribe, see section 6 of Pub. L. 103–103, set out as a note under section 6331 of this title.

§6337 Accrual of Leave