§6391 — Title 5 Government Organization and Employees | U.S. Code

Summary

The President can tell the Office of Personnel Management (OPM) to set up an emergency leave transfer program after a presidentially declared major disaster or emergency that causes severe harm to a substantial number of employees. Under that program, any employee in any agency can give unused annual leave to employees in the same or other agencies who are affected. OPM must set rules and limits. A recipient may use transferred leave without first using their own annual or sick leave. Employee: as defined in section 6331(1). Agency: an Executive agency. Leave banks under subchapter IV may donate under OPM rules. Unless OPM says otherwise, section 7351 does not apply to asking for, giving, or accepting leave. OPM must consult the Administrative Office of the United States Courts and include judicial branch employees, and must write regulations to run the program.

Title 5, §6391

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section—

(1)“employee” means an employee as defined in section 6331(1); and

(2)“agency” means an Executive agency.

(b)In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely affected by such disaster or emergency.

(c)The Office shall establish appropriate requirements for the operation of the emergency leave transfer program under subsection (b), including appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient’s credit must be exhausted before any transferred annual leave may be used.

(d)A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program established under subsection (b).

(e)Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or acceptance of leave under this section.

(f)After consultation with the Administrative Office of the United States Courts, the Office of Personnel Management shall provide for the participation of employees in the judicial branch in any emergency leave transfer program under this section.

(g)The Office shall prescribe regulations necessary for the administration of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsecs. (f), (g). Pub. L. 109–229 added subsec. (f) and redesignated former subsec. (f) as (g).

Executive Documents

Ex. Ord. No. 13745. Delegation of Function to the Director of the Office of Personnel Management Ex. Ord. No. 13745, Oct. 31, 2016, 81 F.R. 76493, provided: By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, it is hereby ordered as follows: section 1. (a) The Director of the Office of Personnel Management (OPM) is hereby authorized to exercise the function vested in the President by section 6391 of title 5, United States Code, of directing OPM to establish an emergency leave transfer program. The Director of OPM shall exercise this authority in consultation with the Director of the Office of Management and Budget. (b) The Director of OPM shall notify the President of the establishment of any emergency leave transfer program pursuant to the authority in subsection (a). Sec. 2. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Barack Obama.

§6391 Authority for Leave Transfer Program in Disasters and Emergencies