
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: 5USC6303]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                   SUBCHAPTER I--ANNUAL AND SICK LEAVE
 
Sec. 6303. Annual leave; accrual

    (a) An employee is entitled to annual leave with pay which accrues 
as follows--
        (1) one-half day for each full biweekly pay period for an 
    employee with less than 3 years of service;
        (2) three-fourths day for each full biweekly pay period, except 
    that the accrual for the last full biweekly pay period in the year 
    is one and one-fourth days, for an employee with 3 but less than 15 
    years of service; and
        (3) one day for each full biweekly pay period for an employee 
    with 15 or more years of service.

In determining years of service, an employee is entitled to credit for 
all service of a type that would be creditable under section 8332, 
regardless of whether or not the employee is covered by subchapter III 
of chapter 83. However, an employee who is a retired member of a 
uniformed service as defined by section 3501 of this title is entitled 
to credit for active military service only if--
        (A) his retirement was based on disability--
            (i) resulting from injury or disease received in line of 
        duty as a direct result of armed conflict; or
            (ii) caused by an instrumentality of war and incurred in 
        line of duty during a period of war as defined by sections 101 
        and 1101 of title 38;

        (B) that service was performed in the armed forces during a war, 
    or in a campaign or expedition for which a campaign badge has been 
    authorized; or
        (C) on November 30, 1964, he was employed in a position to which 
    this subchapter applies and thereafter he continued to be so 
    employed without a break in service of more than 30 days.

The determination of years of service may be made on the basis of an 
affidavit of the employee. Leave provided by this subchapter accrues to 
an employee who is not paid on the basis of biweekly pay periods on the 
same basis as it would accrue if the employee were paid on the basis of 
biweekly pay periods.
    (b) Notwithstanding subsection (a) of this section, an employee 
whose current employment is limited to less than 90 days is entitled to 
annual leave under this subchapter only after being currently employed 
for a continuous period of 90 days under successive appointments without 
a break in service. After completing the 90-day period, the employee is 
entitled to be credited with the leave that would have accrued to him 
under subsection (a) of this section except for this subsection.
    (c) A change in the rate of accrual of annual leave by an employee 
under this section takes effect at the beginning of the pay period after 
the pay period, or corresponding period for an employee who is not paid 
on the basis of biweekly pay periods, in which the employee completed 
the prescribed period of service.
    (d) Leave granted under this subchapter is exclusive of time 
actually and necessarily occupied in going to or from a post of duty and 
time necessarily occupied awaiting transportation, in the case of an 
employee--
        (1) to whom section 6304(b) of this title applies;
        (2) whose post of duty is outside the United States; and
        (3) who returns on leave to the United States, or to his place 
    of residence, which is outside the area of employment, in its 
    territories or possessions including the Commonwealth of Puerto 
    Rico.

This subsection does not apply to more than one period of leave in a 
prescribed tour of duty at a post outside the United States.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 518; Pub. L. 93-181, Sec. 2, 
Dec. 14, 1973, 87 Stat. 705; Pub. L. 99-335, title II, Sec. 207(d), June 
6, 1986, 100 Stat. 595; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 
Stat. 406; Pub. L. 102-378, Sec. 2(52), Oct. 2, 1992, 106 Stat. 1353.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2062(a), (b), (e),   Oct. 30, 1951, ch.
                      (i).                          631, Sec.  203(a),
                                                    (b), (e), (i), 65
                                                    Stat. 679-681.
                     ............................  Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.  401
                                                    ``(e)'', 74 Stat.
                                                    799.
                     ............................  Aug. 19, 1964, Pub.
                                                    L. 88-448, Sec.
                                                    203, 78 Stat. 487.
                     5 U.S.C. 3101 (as applicable  Aug. 19, 1964, Pub.
                      to 5 U.S.C. 2062(a)).         L. 88-448, Sec.  101
                                                    (as applicable to
                                                    Sec.  203), 78 Stat.
                                                    484.
------------------------------------------------------------------------

    In subsection (a), the words ``Except as otherwise provided in this 
subsection'' are omitted as unnecessary in view of the specific 
inclusion of the exception in the third sentence. The words ``for the 
purposes of this subsection'' are omitted as surplusage. The reference 
to ``section 8332 of this title for the purpose of an annuity under 
subchapter III of chapter 83 of this title'' is substituted for 
``section 3 of the Civil Service Retirement Act for the purposes of an 
annuity under such Act to reflect the codification of that Act in this 
title. In paragraph (B), the words ``on November 30, 1964, he was 
employed in a position to which this subchapter applies and thereafter 
he continued to be so employed'' are substituted for ``immediately prior 
to the effective date of this sentence he was employed in a civilian 
office to which this Act applies and, on and after such date, he 
continued to be employed in any such office''.
    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

    1992--Subsec. (a). Pub. L. 102-378 amended second sentence 
generally. Prior to amendment, second sentence read as follows: ``In 
determining years of service, an employee is entitled to credit for all 
service creditable under section 8332 of this title for the purpose of 
an annuity under subchapter III of chapter 83 of this title and all 
service creditable under section 8411 of this title for the purpose of 
chapter 84 of this title.''
    1991--Subsec. (a)(A)(ii). Pub. L. 102-83 substituted reference to 
section 1101 of title 38 for reference to section 301 of title 38.
    1986--Subsec. (a). Pub. L. 99-335 inserted ``and all service 
creditable under section 8411 of this title for the purpose of chapter 
84 of this title'' at end of second sentence.
    1973--Subsec. (b). Pub. L. 93-181 substituted ``an employee whose 
current employment is limited to less than 90 days is entitled'' and 
``under successive appointments'' for ``an employee is entitled'' and 
``under one or more appointments'' respectively.


                    Effective Date of 1992 Amendment

    Section 9 of Pub. L. 102-378 provided that:
    ``(a) In General.--Except as otherwise provided in this section, 
this Act and the amendments made by this Act [see Tables for 
classification] shall take effect as of the date of enactment of this 
Act [Oct. 2, 1992].
    ``(b) Exceptions.--(1) The amendment made by section 4(c) [amending 
provisions set out as a note under section 31-2 of Title 2, The 
Congress] shall be effective as of December 31, 1991.
    ``(2) The amendments made by section 5(d) [amending section 8440d of 
this title] shall be effective as of December 9, 1991.
    ``(3) The amendments made by sections 2(13) and 2(17) [amending 
section 4109 of this title and repealing section 3342 of this title] 
shall be effective as of October 1, 1991.
    ``(4) The amendments made by sections 2(11), 2(19), 2(29), and 2(38) 
[amending sections 3324, 4505a, 5332, and 5403 of this title] shall be 
effective as of May 4, 1991.
    ``(5) The amendments made by section 2(25) [amending section 5302 of 
this title] shall be effective as of February 3, 1991.
    ``(6) The provisions of section 8(a) and the amendments made by 
sections 2(57)(A), 2(60), 2(64), 2(67), 2(71), 2(75)(A), 3(1), 3(4), 
3(6), and 5(a) [amending sections 5532, 8331, 8335, 8344, 8347, 8425, 
8461, 8468, and 8901 of this title, repealing section 5380 of this 
title, enacting provisions set out as a note under section 5532 of this 
title, amending provisions set out as notes under sections 2105, 5304, 
5305, 5378, and 8348 of this title, and repealing provisions set out as 
notes under sections 5380 and 5532 of this title] shall be effective as 
of November 5, 1990.
    ``(7) The amendment made by section 2(52) [amending this section] 
shall be effective as of January 1, 1989, except that no amount shall 
become payable, as a result of the enactment of such amendment, under--
        ``(A) subchapter VI of chapter 55 of title 5, United States 
    Code, based on a separation that takes effect or an election that is 
    made before the date of enactment of this Act [Oct. 2, 1992]; or
        ``(B) section 5551(b) of title 5, United States Code, which is 
    attributable to an individual's being excepted from subchapter I of 
    chapter 63 of such title before the date of enactment of this Act.
    ``(8) The amendment made by section 2(69) [amending section 8440 of 
this title] shall be effective as of November 10, 1988.
    ``(9) The amendments made by sections 2(40), 2(41), 2(42), 2(43), 
and 3(5) [amending sections 5541, 5542, 5544, and 5547 of this title and 
provisions set out as a note under section 5305 of this title] shall be 
effective as of the first day of the first applicable pay period 
beginning on or after the date of enactment of this Act [Oct. 2, 1992].
    ``(10) The amendments made by section 2(28) [amending section 5314 
of this title] shall be effective as of the first day of the first 
applicable pay period beginning on or after November 5, 1990.
    ``(11) The amendment made by section 2(49) [amending section 5724 of 
this title] shall apply with respect to a separation that takes effect 
on or after the date of enactment of this Act [Oct. 2, 1992].
    ``(12) The amendment made by section 5(e) [amending section 1441a of 
Title 12, Banks and Banking] shall apply with respect to any action 
(described in subclause (I) or (II) of the provisions struck by such 
amendment) occurring on or after the date of enactment of this Act [Oct. 
2, 1992].''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 6129, 6302, 6304, 6305, 
6312, 6333, 6367 of this title; title 42 section 237.
