
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: 5USC6305]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                   SUBCHAPTER I--ANNUAL AND SICK LEAVE
 
Sec. 6305. Home leave; leave for Chiefs of Missions; leave for 
        crews of vessels
        
    (a) After 24 months of continuous service outside the United States 
(or after a shorter period of such service if the employee's assignment 
is terminated for the convenience of the Government), an employee may be 
granted leave of absence, under regulations of the President, at a rate 
not to exceed 1 week for each 4 months of that service without regard to 
other leave provided by this subchapter. Leave so granted--
        (1) is for use in the United States, or if the employee's place 
    of residence is outside the area of employment, in its territories 
    or possessions including the Commonwealth of Puerto Rico;
        (2) accumulates for future use without regard to the limitation 
    in section 6304(b) of this title; and
        (3) may not be made the basis for terminal leave or for a lump-
    sum payment.

    (b) The President may authorize leave of absence to a chief of 
mission excepted from this subchapter by section 6301(2)(xii) of this 
title for use in the United States and its territories or possessions. 
Leave so authorized does not constitute a leave system and may not be 
made the basis for a lump-sum payment.
    (c) An officer, crewmember, or other employee serving aboard an 
oceangoing vessel on an extended voyage may be granted leave of absence, 
under regulations of the Office of Personnel Management, at a rate not 
to exceed 2 days for each 30 calendar days of that service without 
regard to other leave provided by this subchapter. Leave so granted--
        (1) accumulates for future use without regard to the limitation 
    in section 6304(b) of this title;
        (2) may not be made the basis for a lump-sum payment, except 
    that civil service mariners of the Military Sealift Command on 
    temporary promotion aboard ship may be paid the difference between 
    their temporary and permanent rates of pay for leave accrued under 
    this section and section 6303 and not otherwise used during the 
    temporary promotion upon the expiration or termination of the 
    temporary promotion; and
        (3) may not be made the basis for terminal leave except under 
    such special or emergency circumstances as may be prescribed under 
    the regulations of the Office.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 89-747, Sec. 1(1), 
(2), Nov. 2, 1966, 80 Stat. 1179; Pub. L. 90-623, Sec. 1(16), Oct. 22, 
1968, 82 Stat. 1313; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 
1978, 92 Stat. 1224; Pub. L. 96-54, Sec. 2(a)(15), Aug. 14, 1979, 93 
Stat. 382; Pub. L. 96-465, title II, Secs. 2312(c), 2314(f)(2), Oct. 17, 
1980, 94 Stat. 2167, 2168; Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1133], Oct. 30, 2000, 114 Stat. 1654, 1654A-318.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 2062(f).             Oct. 30, 1951, ch.
                                                    631, Sec.  203(f),
                                                    65 Stat. 680.
                     ............................  Sept. 6, 1960, Pub.
                                                    L. 86-707, Sec.  401
                                                    ``(f)'', 74 Stat.
                                                    799.
(b)................  5 U.S.C. 2061(c)(2).          July 2, 1953, ch.
                                                    178, Sec.  1
                                                    ``(c)(2)'', 67 Stat.
                                                    136.
------------------------------------------------------------------------

    The words ``in his discretion'' are omitted as unnecessary in view 
of the permissive grant of authority.
    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

    2000--Subsec. (c)(2). Pub. L. 106-398 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``may not be made the 
basis for a lump-sum payment; and''.
    1980--Subsec. (a). Pub. L. 96-465, Sec. 2312(c), inserted ``(or 
after a shorter period of such service if the employee's assignment is 
terminated for the convenience of the Government)'' after ``outside the 
United States''.
    Subsec. (b). Pub. L. 96-465, Sec. 2314(f)(2), substituted ``a chief 
of mission'' for ``an officer'' after ``leave of absence to''.
    1979--Subsec. (c)(3). Pub. L. 96-54 substituted ``Office'' for 
``Commission''.
    1978--Subsec. (c). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    1968--Subsec. (c). Pub. L. 90-623 substituted ``2'' and ``30'' for 
``two'' and ``thirty'', respectively.
    1966--Pub. L. 89-747 added subsec. (c) and inserted reference to 
leave for crews of vessels in section catchline.


                    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 Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of this title.

                         Delegation of Functions

    Functions of President under subsec. (a) of this section delegated 
to Office of Personnel Management, see section 1(2) of Ex. Ord. No. 
11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 
of Title 3, The President.

      Ex. Ord. No. 10471. Authorization To Grant Leaves of Absence

    Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by Ex. 
Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
    1. The heads of the several departments and agencies of the 
Government are hereby authorized and empowered, without the approval, 
ratification, or other action of the President, to exercise, with 
respect to personnel in their respective department or agency, the 
authority conferred upon the President by section 6305(b) of title 5 of 
the United States Code, to authorize leaves of absence in accordance 
with the said section 6305(b) to persons who receive compensation in 
accordance with section 401 of the Foreign Service Act of 1980 (22 
U.S.C. 3961).
    2. This order shall be effective as of July 5, 1953.

                  Section Referred to in Other Sections

    This section is referred to in section 6302 of this title; title 22 
section 4083.
