
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC6302]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                   SUBCHAPTER I--ANNUAL AND SICK LEAVE
 
Sec. 6302. General provisions

    (a) The days of leave provided by this subchapter are days on which 
an employee would otherwise work and receive pay and are exclusive of 
holidays and nonworkdays established by Federal statute, Executive 
order, or administrative order.
    (b) For the purpose of this subchapter an employee is deemed 
employed for a full biweekly pay period if he is employed during the 
days within that period, exclusive of holidays and nonworkdays 
established by Federal statute, Executive order, or administrative 
order, which fall within his basic administrative workweek.
    (c) A part-time employee, unless otherwise excepted, is entitled to 
the benefits provided by subsection (d) of this section and sections 
6303, 6304(a), (b), 6305(a), 6307, and 6310 of this title on a pro rata 
basis.
    (d) The annual leave provided by this subchapter, including annual 
leave that will accrue to an employee during the year, may be granted at 
any time during the year as the head of the agency concerned may 
prescribe.
    (e) If an officer excepted from this subchapter by section 
6301(2)(x)-(xiii) of this title, without a break in service, again 
becomes subject to this subchapter on completion of his service as an 
excepted officer, the unused annual and sick leave standing to his 
credit when he was excepted from this subchapter is deemed to have 
remained to his credit.
    (f) An employee who uses excess annual leave credited because of 
administrative error may elect to refund the amount received for the 
days of excess leave by lump-sum or installment payments or to have the 
excess leave carried forward as a charge against later-accruing annual 
leave, unless repayment is waived under section 5584 of this title.
    (g) An employee who is being involuntarily separated from an agency 
due to a reduction in force or transfer of function under subchapter I 
of chapter 35 or section 3595 may elect to use annual leave to the 
employee's credit to remain on the agency's rolls after the date the 
employee would otherwise have been separated if, and only to the extent 
that, such additional time in a pay status will enable the employee to 
qualify for an immediate annuity under section 8336, 8412, 8414, or to 
qualify to carry health benefits coverage into retirement under section 
8905(b).

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517; Pub. L. 93-181, Sec. 4, 
Dec. 14, 1973, 87 Stat. 706; Pub. L. 95-519, Sec. 2, Oct. 25, 1978, 92 
Stat. 1819; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, 
Sec. 634], Sept. 30, 1996, 110 Stat. 3009-314, 3009-363; Pub. L. 105-
277, div. A, Sec. 101(h) [title VI, Sec. 653], Oct. 21, 1998, 112 Stat. 
2681-480, 2681-528.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)-(c)............  5 U.S.C. 2064 (less (d),      Oct. 30, 1951, ch.
                      (e)).                         631, Sec.  205 (less
                                                    (d)), 65 Stat. 681.
(d)................  5 U.S.C. 2062(h).             Oct. 30, 1951, ch.
                                                    631, Sec.  203(h),
                                                    65 Stat. 681.
(e)................  5 U.S.C. 2061a(b).            July 2, 1953, ch.
                                                    178, Sec.  2(b), 67
                                                    Stat. 137.
------------------------------------------------------------------------

    In subsection (d), the words ``the head of the agency concerned'' 
are substituted for ``the heads of the various departments and 
independent establishments''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (g). Pub. L. 105-277 inserted ``or section 3595'' 
after ``chapter 35''.
    1996--Subsec. (g). Pub. L. 104-208 added subsec. (g).
    1978--Subsec. (e). Pub. L. 95-519 substituted ``6301(2)(x)-(xiii)'' 
for ``6301(2)(x)-(xii)''.
    1973--Subsec. (f). Pub. L. 93-181 added subsec. (f).


                    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.


                  Temporary Authority To Transfer Leave

    Pub. L. 101-237, title II, Sec. 206(b)(2), Dec. 18, 1989, 103 Stat. 
2068, provided that: ``The authority of the Department of Veterans 
Affairs under section 618 of the Treasury, Postal Service and General 
Government Appropriations Act, 1989 [Pub. L. 100-440, set out below], to 
operate a leave-transfer program for employees subject to section 4108 
of title 38, United States Code, is extended until the programs provided 
for in subsection (e) of such section 4108 (as added by subsection (a) 
of this section) are implemented, but not later than October 1, 1990.''
    Similar provisions were contained in the following acts:
    Pub. L. 101-144, title V, Sec. 518, Nov. 9, 1989, 103 Stat. 874.
    Pub. L. 101-110, Sec. 1(d), Oct. 6, 1989, 103 Stat. 682.
    Pub. L. 100-440, title VI, Sec. 618, Sept. 22, 1988, 102 Stat. 1755, 
provided that: ``In order to ensure that the experimental use of 
voluntary leave transfers established under Public Laws 99-500, 99-591 
[Pub. L. 99-500, Sec. 101(m) [title VII], Oct. 18, 1986, 100 Stat. 1783-
308, 1783-334, and Pub. L. 99-591, Sec. 101(m) [title VII], Oct. 30, 
1986, 100 Stat. 3341-308, 3341-334], and 100-202 [Pub. L. 100-202, 
Sec. 101(m) [title VI, Sec. 625], Dec. 22, 1987, 101 Stat. 1329-390, 
1329-430] may continue and may cover additional employees in fiscal year 
1989, the Office of Personnel Management may continue to operate by 
regulation, notwithstanding chapter 63 of title 5, United States Code, a 
program under which the unused accrued annual leave of officers or 
employees of the Federal Government may be transferred for use by other 
officers or employees who need such leave due to a personal emergency as 
defined in the regulations. The Office may provide by regulation for 
such exceptions from the provisions of section 7351 of title 5 as the 
Office may determine appropriate for the transfer of leave under this 
section. The Veterans' Administration may operate a similar program for 
employees subject to section 4108 of title 38, United States Code. The 
programs operated under this section shall expire at the end of fiscal 
year 1989, but any leave that has been transferred to an officer or 
employee under the programs shall remain available for use until the 
personal emergency has ended, and any remaining unused transferred leave 
shall, to the extent administratively feasible, be restored to the leave 
accounts of the officers or employees from whose accounts it was 
originally transferred.''
    Similar provisions were contained in the following prior 
appropriations act:
    Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 625], Dec. 22, 1987, 
101 Stat. 1329-390, 1329-430.

    For provisions ratifying any actions of the Secretary of Veterans 
Affairs in carrying out section 618 of Pub. L. 100-440, set out above, 
during the period Dec. 1, 1989, to Dec. 18, 1989, see section 604 of 
Pub. L. 101-237, set out as a note under section 1720B of Title 38, 
Veterans' Benefits. Similar provisions for the period Oct. 1, 1989, to 
Oct. 6, 1989, were contained in section 3(b) of Pub. L. 101-110, set out 
as a note under section 1720B of Title 38.
