
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: 5USC6304]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                   SUBCHAPTER I--ANNUAL AND SICK LEAVE
 
Sec. 6304. Annual leave; accumulation

    (a) Except as provided by subsections (b), (d), (e), (f), and (g) of 
this section, annual leave provided by section 6303 of this title, which 
is not used by an employee, accumulates for use in succeeding years 
until it totals not more than 30 days at the beginning of the first full 
biweekly pay period, or corresponding period for an employee who is not 
paid on the basis of biweekly pay periods, occurring in a year.
    (b) Annual leave not used by an employee of the Government of the 
United States in one of the following classes of employees stationed 
outside the United States accumulates for use in succeeding years until 
it totals not more than 45 days at the beginning of the first full 
biweekly pay period, or corresponding period for an employee who is not 
paid on the basis of biweekly pay periods, occurring in a year:
        (1) Individuals directly recruited or transferred by the 
    Government of the United States from the United States or its 
    territories or possessions including the Commonwealth of Puerto Rico 
    for employment outside the area of recruitment or from which 
    transferred.
        (2) Individuals employed locally but--
            (A)(i) who were originally recruited from the United States 
        or its territories or possessions including the Commonwealth of 
        Puerto Rico but outside the area of employment;
            (ii) who have been in substantially continuous employment by 
        other agencies of the United States, United States firms, 
        interests, or organizations, international organizations in 
        which the United States participates, or foreign governments; 
        and
            (iii) whose conditions of employment provide for their 
        return transportation to the United States or its territories or 
        possessions including the Commonwealth of Puerto Rico; or
            (B)(i) who were at the time of employment temporarily 
        absent, for the purpose of travel or formal study, from the 
        United States, or from their respective places of residence in 
        its territories or possessions including the Commonwealth of 
        Puerto Rico; and
            (ii) who, during the temporary absence, have maintained 
        residence in the United States or its territories or possessions 
        including the Commonwealth of Puerto Rico but outside the area 
        of employment.

        (3) Individuals who are not normally residents of the area 
    concerned and who are discharged from service in the armed forces to 
    accept employment with an agency of the Government of the United 
    States.

    (c) Annual leave in excess of the amount allowable--
        (1) under subsection (a) or (b) of this section which was 
    accumulated under earlier statute; or
        (2) under subsection (a) of this section which was accumulated 
    under subsection (b) of this section by an employee who becomes 
    subject to subsection (a) of this section;

remains to the credit of the employee until used. The excess annual 
leave is reduced at the beginning of the first full biweekly pay period, 
or corresponding period for an employee who is not paid on the basis of 
biweekly pay periods, occurring in a year, by the amount of annual leave 
the employee used during the preceding year in excess of the amount 
which accrued during that year, until the employee's accumulated leave 
does not exceed the amount allowed under subsection (a) or (b) of this 
section, as appropriate.
    (d)(1) Annual leave which is lost by operation of this section 
because of--
        (A) administrative error when the error causes a loss of annual 
    leave otherwise accruable after June 30, 1960;
        (B) exigencies of the public business when the annual leave was 
    scheduled in advance; or
        (C) sickness of the employee when the annual leave was scheduled 
    in advance;

shall be restored to the employee.
    (2) Annual leave restored under paragraph (1) of this subsection, or 
under clause (2) of section 5562(a) of this title, which is in excess of 
the maximum leave accumulation permitted by law shall be credited to a 
separate leave account for the employee and shall be available for use 
by the employee within the time limits prescribed by regulations of the 
Office of Personnel Management. Leave credited under this paragraph but 
unused and still available to the employee under the regulations 
prescribed by the Office shall be included in the lump-sum payment under 
section 5551 or 5552(1) of this title but may not be retained to the 
credit of the employee under section 5552(2) of this title.
    (3)(A) For the purpose of this subsection, the closure of, and any 
realignment with respect to, an installation of the Department of 
Defense pursuant to the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) during 
any period, the closure of an installation of the Department of Defense 
in the Republic of Panama in accordance with the Panama Canal Treaty of 
1977, and the closure of any other installation of the Department of 
Defense, during the period beginning on October 1, 1992, and ending on 
December 31, 1997, shall be deemed to create an exigency of the public 
business and any leave that is lost by an employee of such installation 
by operation of this section (regardless of whether such leave was 
scheduled) shall be restored to the employee and shall be credited and 
available in accordance with paragraph (2).
    (B) For the purpose of subparagraph (A), the term ``realignment'' 
means a base realignment (as defined in subsection (e)(3) of section 
2687 of title 10) that meets the requirements of subsection (a)(2) of 
such section.
    (4)(A) For the purpose of this subsection, service of a Department 
of Defense emergency essential employee in a combat zone is an exigency 
of the public business for that employee. Any leave that, by reason of 
such service, is lost by the employee by operation of this section 
(regardless of whether such leave was scheduled) shall be restored to 
the employee and shall be credited and available in accordance with 
paragraph (2).
    (B) As used in subparagraph (A)--
        (i) the term ``Department of Defense emergency essential 
    employee'' means an employee of the Department of Defense who is 
    designated under section 1580 of title 10 as an emergency essential 
    employee; and
        (ii) the term ``combat zone'' has the meaning given such term in 
    section 112(c)(2) of the Internal Revenue Code of 1986.

    (e) Annual leave otherwise accruable after June 30, 1960, which is 
lost by operation of this section because of administrative error and 
which is not credited under subsection (d)(2) of this section because 
the employee is separated before the error is discovered, is subject to 
credit and liquidation by lump-sum payment only if a claim therefor is 
filed within 3 years immediately following the date of discovery of the 
error. Payment shall be made by the agency of employment when the lump-
sum payment provisions of section 5551 of this title last became 
applicable to the employee at the rate of basic pay in effect on the 
date the lump-sum provisions became applicable.
    (f)(1) This subsection applies with respect to annual leave accrued 
by an individual while serving in a position in--
        (A) the Senior Executive Service;
        (B) the Senior Foreign Service;
        (C) the Defense Intelligence Senior Executive Service;
        (D) the Senior Cryptologic Executive Service; or
        (E) the Federal Bureau of Investigation and Drug Enforcement 
    Administration Senior Executive Service.

    (2) For purposes of applying any limitation on accumulation under 
this section with respect to any annual leave described in paragraph 
(1)--
        (A) ``30 days'' in subsection (a) shall be deemed to read ``90 
    days''; and
        (B) ``45 days'' in subsection (b) shall be deemed to read ``90 
    days''.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 519; Pub. L. 93-181, Sec. 3, 
Dec. 14, 1973, 87 Stat. 705; Pub. L. 95-454, title IV, Sec. 410, title 
IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1173, 1224; Pub. L. 96-
54, Sec. 2(a)(39), Aug. 14, 1979, 93 Stat. 383; Pub. L. 96-465, title 
II, Sec. 2312(b), Oct. 17, 1980, 94 Stat. 2166; Pub. L. 97-89, title 
VIII, Sec. 802, Dec. 4, 1981, 95 Stat. 1161; Pub. L. 100-325, Sec. 2(k), 
May 30, 1988, 102 Stat. 582; Pub. L. 102-378, Sec. 2(53), Oct. 2, 1992, 
106 Stat. 1354; Pub. L. 102-484, div. D, title XLIV, Sec. 4434, Oct. 23, 
1992, 106 Stat. 2722; Pub. L. 103-337, div. A, title III, Sec. 341(c), 
div. B, title XXVIII, Sec. 2816(a), Oct. 5, 1994, 108 Stat. 2720, 3056; 
Pub. L. 103-356, title II, Sec. 201(a), Oct. 13, 1994, 108 Stat. 3411; 
Pub. L. 105-261, div. A, title XI, Sec. 1105, Oct. 17, 1998, 112 Stat. 
2142; Pub. L. 106-65, div. A, title XI, Sec. 1103(a), Oct. 5, 1999, 113 
Stat. 776.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 2062(c).             Oct. 30, 1951, ch.
                                                    631, Sec.  203(c),
                                                    65 Stat. 680.
                                                   July 2, 1953, ch.
                                                    178, Sec.  3(a), 67
                                                    Stat. 137.
(b)................  5 U.S.C. 2602(d).             Oct. 30, 1951, ch.
                                                    631, Sec.  203(d),
                                                    65 Stat. 680.
                                                   July 2, 1953, ch.
                                                    178, Sec.  3(b), 67
                                                    Stat. 137.
                     ............................  Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.  401
                                                    ``(d)'', 74 Stat.
                                                    799.
(c)................  5 U.S.C. 2066(a).             Oct. 30, 1951, ch.
                                                    631, Sec.  208(a),
                                                    65 Stat. 682.
                     ............................  July 2, 1953, ch.
                                                    178, Sec.  3(c), 67
                                                    Stat. 137.
------------------------------------------------------------------------

    The words ``Except as provided by subsection (b) of this section'' 
are added to subsection (a), and the words ``Notwithstanding the 
provisions of subsection (c)'' in former section 2062(d) are omitted as 
unnecessary because of the exception added to subsection (a).
    The words ``full biweekly pay period'' are substituted for 
``complete biweekly pay period'' to conform to section 6303.
    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

    The Defense Base Closure and Realignment Act of 1990, referred to in 
subsec. (d)(3)(A), is part A of title XXIX of div. B of Pub. L. 101-510, 
Nov. 5, 1990, 104 Stat. 1808, as amended, which is set out as a note 
under section 2687 of Title 10, Armed Forces. For complete 
classification of this Act to the Code, see Tables.
    Section 112(c)(2) of the Internal Revenue Code of 1986, referred to 
in subsec. (d)(4)(B)(ii), is classified to section 112(c)(2) of Title 
26, Internal Revenue Code.


                               Amendments

    1999--Subsec. (d)(4). Pub. L. 106-65 added par. (4).
    1998--Subsec. (d)(3)(A). Pub. L. 105-261 inserted ``the closure of 
an installation of the Department of Defense in the Republic of Panama 
in accordance with the Panama Canal Treaty of 1977,'' after ``2687 note) 
during any period,''.
    1994--Subsec. (d)(3). Pub. L. 103-337, Sec. 2816(a), designated 
existing provisions as subpar. (A), substituted ``closure of, and any 
realignment with respect to,'' for ``closure of'', and added subpar. 
(B).
    Pub. L. 103-337, Sec. 341(c), substituted ``the closure of an 
installation of the Department of Defense pursuant to the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) during any period, and the closure of any 
other installation'' for ``the closure of an installation''.
    Subsec. (f). Pub. L. 103-356 amended subsec. (f) generally. Prior to 
amendment, subsec. (f) read as follows: ``Annual leave accrued shall not 
be subject to the limitation on accumulation otherwise imposed by this 
section if such leave is accrued by an individual while serving in a 
position in--
        ``(1) the Senior Executive Service;
        ``(2) the Senior Foreign Service;
        ``(3) the Defense Intelligence Senior Executive Service;
        ``(4) the Senior Cryptologic Executive Service; or
        ``(5) the Federal Bureau of Investigation and Drug Enforcement 
    Administration Senior Executive Service.''
    1992--Subsec. (d)(3). Pub. L. 102-484 added par. (3).
    Subsec. (e). Pub. L. 102-378 substituted ``date'' for ``date of'' in 
last sentence.
    1988--Subsec. (f)(5). Pub. L. 100-325 added par. (5).
    1981--Subsec. (f). Pub. L. 97-89 amended subsec. (f) generally, 
transferring from former subsec. (g) provisions excepting from the 
limitation on accumulation otherwise imposed by this section any annual 
leave accrued by members of the Senior Foreign Service and inserting 
provisions relating to annual leave accrued by individuals while serving 
in positions in the Defense Intelligence Senior Executive Service or the 
Senior Cryptologic Executive Service.
    Subsec. (g). Pub. L. 97-89 struck out subsec. (g). Provisions 
formerly set out in subsec. (g), relating to annual leave accrued by 
members of the Senior Foreign service, were incorporated in subsec. (f).
    1980--Subsec. (a). Pub. L. 96-465, Sec. 2312(b)(1), inserted 
reference to subsec. (g).
    Subsec. (g). Pub. L. 96-465, Sec. 2312(b)(2), added subsec. (g).
    1979--Subsec. (e). Pub. L. 96-54 substituted ``rate of basic pay'' 
for ``salary rate''.
    1978--Subsec. (a). Pub. L. 95-454, Sec. 410(1), inserted reference 
to subsec. (f).
    Subsec. (d)(2). Pub. L. 95-454, Sec. 906(a)(2), (3), substituted 
``Office of Personnel Management'' and ``Office'' for ``Civil Service 
Commission'' and ``Commission'', respectively.
    Subsec. (f). Pub. L. 95-454, Sec. 410(2), added subsec. (f).
    1973--Subsec. (a). Pub. L. 93-181, Sec. 3(1), substituted 
``subsections (b), (d), and (e) of this section'' for ``subsection (b) 
of this section''.
    Subsecs. (d), (e). Pub. L. 93-181, Sec. 3(2), added subsecs. (d) and 
(e).


                    Effective Date of 1994 Amendments

    Section 201(a) of Pub. L. 103-356 provided that the amendment made 
by that section is effective on the first day of the first applicable 
pay period beginning after Oct. 13, 1994.
    Section 2816(b) of Pub. L. 103-337 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply only with 
respect to the restoration of annual leave of employees at military 
installations undergoing realignment if such leave is lost by operation 
of section 6304 of title 5, United States Code, on or after the date of 
the enactment of this Act [Oct. 5, 1994].''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section 806 
of Pub. L. 97-89, set out as an Effective Date note under section 1621 
of Title 10, Armed Forces.


                    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. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by section 410 of Pub. L. 95-454 effective 9 months after 
Oct. 13, 1978, and congressional review of provisions of sections 401 
through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454, set 
out as an Effective Date note under section 3131 of this title.
    Amendment by section 906(a)(2), (3) of Pub. L. 95-454 effective 90 
days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as 
an Effective Date of 1978 Amendment note under section 1101 of this 
title.


                           Use of Excess Leave

    Section 201(b) of Pub. L. 103-356 provided that: ``Notwithstanding 
the amendment made by subsection (a) [amending this section], in the 
case of an employee who, on the effective date of subsection (a) [see 
Effective Date of 1994 Amendments note above], is subject to subsection 
(f) of section 6304 of title 5, United States Code, and who has to such 
employee's credit annual leave in excess of the maximum accumulation 
otherwise permitted by subsection (a) or (b) of section 6304 (determined 
applying the amendment made by subsection (a)), such excess annual leave 
shall remain to the credit of the employee and be subject to reduction, 
in the same manner as provided in subsection (c) of section 6304.''


      Lump-Sum Payment for Accrued Annual Leave to Former Employees

    Section 5 of Pub. L. 93-181 provided that where former employees 
(other than former employees of Post Office Department or United States 
Postal Service) had accrued annual leave after June 30, 1960, but had 
not been on the rolls on Dec. 14, 1973, and where annual leave thus 
accrued had been lost because of administrative error, such accrued 
annual leave was subject to credit and liquidation by lump-sum payment 
but only if a claim therefor was filed within three years after Dec. 14, 
1973, with agency by which the employees had been employed when lump-sum 
payment provision of section 5551 of this title had last become 
applicable to them.
    Section 6 of Pub. L. 93-181 provided that where former employees of 
Post Office Department or United States Postal Service with prior 
civilian service with Post Office Department or other Federal agency had 
accrued annual leave after June 30, 1960, and before July 1, 1971, but 
had not on the rolls on Dec. 14, 1973, and where annual leave thus 
accrued had been lost because of administrative error, such accrued 
annual leave was subject to credit and liquidation by lump-sum payment, 
but only if a claim therefor was filed within three years after Dec. 14, 
1973, with Postal Service, at salary rate in effect on date these 
employees had been employed when lump-sum payment provision of section 
5551 of this title or comparable provisions of regulations of Postal 
Service had last become applicable to them. With respect to present 
employees of Postal Service who had prior Federal civilian service with 
Post Office Department or other Federal agency, annual leave which had 
accrued after June 30, 1960, and before July 1, 1971, but, because of 
administrative error had been lost, was subject to credit and 
liquidation by lump-sum payment only if a claim therefor was filed 
within three years of Dec. 14, 1973, with Postal Service, at salary rate 
in effect on Dec. 14, 1973.

                  Section Referred to in Other Sections

    This section is referred to in sections 5551, 5562, 6129, 6302, 
6303, 6305, 6333, 6334, 6365, 6367 of this title; title 10 section 1606; 
title 40 section 174j-8.
