
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC6301]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                   SUBCHAPTER I--ANNUAL AND SICK LEAVE
 
Sec. 6301. Definitions

    For the purpose of this subchapter--
        (1) ``United States'', when used in a geographical sense means 
    the several States and the District of Columbia; and
        (2) ``employee'' means--
            (A) an employee as defined by section 2105 of this title; 
        and
            (B) an individual first employed by the government of the 
        District of Columbia before October 1, 1987;

    but does not include--
            (i) a teacher or librarian of the public schools of the 
        District of Columbia;
            (ii) a part-time employee who does not have an established 
        regular tour of duty during the administrative workweek;
            (iii) a temporary employee engaged in construction work at 
        an hourly rate;
            (iv) an employee of the Panama Canal Commission when 
        employed on the Isthmus of Panama;
            (v) a physician, dentist, or nurse in the Veterans Health 
        Administration of the Department of Veterans Affairs;
            (vi) an employee of either House of Congress or of the two 
        Houses;
            (vii) an employee of a corporation supervised by the Farm 
        Credit Administration if private interests elect or appoint a 
        member of the board of directors;
            (viii) an alien employee who occupies a position outside the 
        United States, except as provided by section 6310 of this title;
            (ix) a ``teacher'' or an individual holding a ``teaching 
        position'' as defined by section 901 of title 20;
            (x) an officer in the executive branch or in the government 
        of the District of Columbia who is appointed by the President 
        and whose rate of basic pay exceeds the highest rate payable 
        under section 5332 of this title;
            (xi) an officer in the executive branch or in the government 
        of the District of Columbia who is designated by the President, 
        except a postmaster, United States attorney, or United States 
        marshal;
            (xii) a chief of mission (as defined in section 102(a)(3) of 
        the Foreign Service Act of 1980); or
            (xiii) an officer in the legislative or judicial branch who 
        is appointed by the President.

Notwithstanding clauses (x)-(xii) of paragraph (2), the term 
``employee'' includes any member of the Senior Foreign Service or any 
Foreign Service officer (other than a member or officer serving as chief 
of mission or in a position which requires appointment by and with the 
advice and consent of the Senate) and any member of the Foreign Service 
commissioned as a diplomatic or consular officer, or both, under section 
312 of the Foreign Service Act of 1980.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517; Pub. L. 91-375, 
Sec. 6(c)(17), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-519, Sec. 1, Oct. 
25, 1978, 92 Stat. 1819; Pub. L. 96-70, title III, Sec. 3302(e)(2), 
Sept. 27, 1979, 93 Stat. 498; Pub. L. 96-465, title II, Secs. 2312(a), 
2314(f)(1), Oct. 17, 1980, 94 Stat. 2166, 2168; Pub. L. 99-335, title 
II, Sec. 207(c)(1), formerly Sec. 207(c), June 6, 1986, 100 Stat. 595, 
renumbered Sec. 207(c)(1), Pub. L. 99-556, title II, Sec. 201(1), Oct. 
27, 1986, 100 Stat. 3135; Pub. L. 102-54, Sec. 13(b)(2), June 13, 1991, 
105 Stat. 274.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(1)................  5 U.S.C. 2061(d).             Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    402(c), 74 Stat.
                                                    800.
(2)................  5 U.S.C. 2061(a), (b),        Oct. 30, 1951, ch.
                      (c)(1) (less last             631, Sec.  202, 65
                      sentence).                    Stat. 679.
                                                   July 2, 1953, ch.
                                                    178, Sec.  1
                                                    ``(c)(1) (less last
                                                    sentence)'', 67
                                                    Stat. 136.
                     ............................  Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.
                                                    402(a), 74 Stat.
                                                    800.
                     ............................  Aug. 21, 1964, Pub.
                                                    L. 88-471, Sec.
                                                    6(a), 78 Stat. 583.
                     5 U.S.C. 2067.                Aug. 21, 1964, Pub.
                                                    L. 88-471, Sec.  1,
                                                    78 Stat. 582.
                     5 U.S.C. 2358(a) (less        July 17, 1959, Pub.
                      applicability to the          L. 86-91, Sec.
                      Federal Employees Pay Act     10(a) (less
                      of 1945, as amended).         applicability to the
                                                    Federal Employees
                                                    Pay Act of 1945, as
                                                    amended), 73 Stat.
                                                    217.
------------------------------------------------------------------------

    In paragraph (1), the words ``when used in a geographical sense'' 
are added for clarity.
    In paragraph (2), the words ``an employee as defined by section 2105 
of this title'' are coextensive with and substituted for ``civilian 
officers and employees of the United States . . . including officers and 
employees of corporations wholly owned or controlled by the United 
States''. Specific reference to officers and members of the Metropolitan 
Police force of the District of Columbia, the Fire Department of the 
District of Columbia, the United States Park Police force, and the White 
House Police force, as set forth in former section 2067, is omitted as 
unnecessary in view of the provisions of paragraph (2)(A), (B). The 
exception for ``commissioned officers of the Public Health Service'' and 
``commissioned officers of the Coast and Geodetic Survey'' in former 
section 2061(b)(1)(E), (F) is omitted as unnecessary since these 
officers are excluded by the definition of the word ``employee'' in 
section 2105.
    In paragraph (2)(ix), the words ``as defined by section 901 of title 
20'' are added on authority of former section 2351, which section is 
scheduled for transfer to section 901 of title 20.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 102(a)(3) of the Foreign Service Act of 1980, referred to in 
par. (2)(xii), was redesignated section 102(3) of that Act by Pub. L. 
98-164, which struck out the designation ``(a)'' and struck out subsec. 
(b) of section 102. Section 102 is classified to section 3902 of Title 
22, Foreign Relations and Intercourse.
    Section 312 of the Foreign Service Act of 1980, referred to in text, 
is classified to section 3952 of Title 22.


                               Amendments

    1991--Par. (2)(v). Pub. L. 102-54 substituted ``Veterans Health 
Administration of the Department of Veterans Affairs'' for ``Department 
of Medicine and Surgery, Veterans' Administration''.
    1986--Par. (2)(B). Pub. L. 99-335 amended subpar. (B) generally, 
substituting ``first employed'' for ``employed'' and inserting ``before 
October 1, 1987''.
    1980--Pub. L. 96-465, Sec. 2312(a), inserted provision at end of 
par. (2) extending definition of ``employee'' notwithstanding cls. (x) 
to (xii) of par. (2).
    Par. (2)(xii). Pub. L. 96-465, Sec. 2314(f)(1), substituted ``a 
chief of mission (as defined in section 102(a)(3) of the Foreign Service 
Act of 1980)'' for ``an officer who receives pay under section 866 of 
title 22''.
    1979--Par. (2)(iv). Pub. L. 96-70 substituted ``Panama Canal 
Commission'' for ``Canal Zone Government or the Panama Canal Company''.
    1978--Par. (2)(xiii). Pub. L. 95-519 added cl. (xiii).
    1970--Par. (2)(ii). Pub. L. 91-375 struck out ``, except an hourly 
employee in the postal field service,'' after ``part-time employee''.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.


                    Effective Date of 1978 Amendment

    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.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by Board of Governors of United 
States Postal Service and published by it in Federal Register, see 
section 15(a) of Pub. L. 91-375, set out as an Effective Date note 
preceding section 101 of Title 39, Postal Service.


                      Short Title of 1999 Amendment

    Pub. L. 106-56, Sec. 1(a), Sept. 24, 1999, 113 Stat. 407, provided 
that: ``This Act [amending section 6327 of this title and renumbering 
another section 6327 of this title as section 6328] may be cited as the 
`Organ Donor Leave Act'.''


                      Short Title of 1994 Amendment

    Pub. L. 103-388, Sec. 1, Oct. 22, 1994, 108 Stat. 4079, provided 
that: ``This Act [amending section 6307 of this title] may be cited as 
the `Federal Employees Family Friendly Leave Act'.''


                      Short Title of 1993 Amendment

    Pub. L. 103-103, Sec. 1, Oct. 8, 1993, 107 Stat. 1022, provided 
that: ``This Act [amending sections 6331, 6337, 6361, 6362, and 6373 of 
this title, enacting provisions set out as notes under section 6331 of 
this title, and repealing provisions set out as a note under section 
6331 of this title] may be cited as the `Federal Employees Leave Sharing 
Amendments Act of 1993'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-566, Sec. 1, Oct. 31, 1988, 102 Stat. 2834, provided 
that: ``This Act [enacting subchapters III and IV of this chapter, 
amending sections 5724 and 8112 of this title, and enacting provisions 
set out as notes under section 6331 of this title] may be cited as the 
`Federal Employees Leave Sharing Act of 1988'.''


                  Employees of the District of Columbia

    Pub. L. 99-335, title II, Sec. 207(c)(2), as added by Pub. L. 99-
556, title II, Sec. 201, Oct. 27, 1986, 100 Stat. 3135, provided that: 
``The amendment made by paragraph (1) [amending this section] shall not 
result in the coverage, under subchapter I of chapter 63 of title 5, 
United States Code, of any individual (or class of individuals) employed 
by the government of the District of Columbia who would not have been 
covered under such subchapter if such amendment had not been made.''

                        Executive Order No. 10540

    Ex. Ord. No. 10540, June 29, 1954, 19 F.R. 3983, which related to 
the designation of certain officers as exempt from the Annual and Sick 
Leave Act of 1951, was revoked by section 2-201 of Ex. Ord. No. 12107, 
Dec. 28, 1978, 44 F.R. 1055, set out as a note under section 1101 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5551, 6302, 6305, 6306, 
6308, 6325, 6331, 6361, 6381, 8339 of this title.
