
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: 5USC6307]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                   SUBCHAPTER I--ANNUAL AND SICK LEAVE
 
Sec. 6307. Sick leave; accrual and accumulation

    (a) An employee is entitled to sick leave with pay which accrues on 
the basis of one-half day for each full biweekly pay period, except that 
sick leave with pay accrues to a member of the Firefighting Division of 
the Fire Department of the District of Columbia on the basis of two-
fifths of a day for each full biweekly pay period.
    (b) Sick leave provided by this section, which is not used by an 
employee, accumulates for use in succeeding years.
    (c) Sick leave provided by this section may be used for purposes 
relating to the adoption of a child.
    (d) When required by the exigencies of the situation, a maximum of 
30 days sick leave with pay may be advanced for serious disability or 
ailment, or for purposes relating to the adoption of a child, except 
that a maximum of 24 days sick leave with pay may be advanced to a 
member of the Firefighting Division of the Fire Department of the 
District of Columbia.
    (d)(1) \1\ For the purpose of this subsection, the term ``family 
member'' shall have such meaning as the Office of Personnel Management 
shall by regulation prescribe, except that such term shall include any 
individual who meets the definition given that term, for purposes of the 
leave transfer program under subchapter III, under regulations 
prescribed by the Office (as in effect on January 1, 1993).
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    \1\ So in original. Probably should be ``(e)(1)''.
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    (2) Subject to paragraph (3) and in addition to any other allowable 
purpose, sick leave may be used by an employee--
        (A) to give care or otherwise attend to a family member having 
    an illness, injury, or other condition which, if an employee had 
    such condition, would justify the use of sick leave by such an 
    employee; or
        (B) for purposes relating to the death of a family member, 
    including to make arrangements for or attend the funeral of such 
    family member.

    (3)(A) Sick leave may be used by an employee for the purposes 
provided under paragraph (2) only to the extent the amount used for such 
purposes does not exceed--
        (i) 40 hours in any year, plus
        (ii) up to an additional 64 hours in any year, but only to the 
    extent the use of such additional hours does not cause the amount of 
    sick leave to the employee's credit to fall below 80 hours.

    (B) In the case of a part-time employee or an employee on an 
uncommon tour of duty, the Office of Personnel Management shall 
establish limitations that are proportional to those prescribed under 
subparagraph (A).
    (4)(A) This subsection shall be effective during the 3-year period 
that begins upon the expiration of the 2-month period that begins on the 
date of the enactment of this subsection.
    (B) Not later than 6 months before the date on which this subsection 
is scheduled to cease to be effective, the Office shall submit a report 
to Congress in which it shall evaluate the operation of this subsection 
and make recommendations as to whether or not this subsection should be 
continued beyond such date.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 103-329, title VI, 
Sec. 629(b)(1), Sept. 30, 1994, 108 Stat. 2423; Pub. L. 103-388, Sec. 2, 
Oct. 22, 1994, 108 Stat. 4079.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2063.                Oct. 30, 1951, ch.
                                                    631, Sec.  204, 65
                                                    Stat. 681.
                                                   Aug. 21, 1964, Pub.
                                                    L. 88-471, Sec.
                                                    6(b), (c), 78 Stat.
                                                    583.
------------------------------------------------------------------------

    The word ``officer'', referring to an officer of the Firefighting 
Division, is omitted as covered by the words ``a member of the 
Firefighting Division''.
    In subsection (c), the words ``with pay'' are added for clarity.
    Standard changes are made to conform with the definitions applicable 
and style of this title as outlined in the preface to the report.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-329, Sec. 629(b)(1)(B), added subsec. 
(c). Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 103-388 added subsec. (d) relating to use of 
sick leave for purposes relating to family member.
    Pub. L. 103-329, Sec. 629(b)(1)(A), (C), redesignated subsec. (c) as 
(d) and inserted ``or for purposes relating to the adoption of a 
child,'' after ``ailment,''.


                               Regulations

    Section 629(b)(3) of Pub. L. 103-329 provided that:
    ``(3)(A) The Office of Personnel Management shall prescribe 
regulations under which any employee who used or uses annual leave for 
an adoption-related purpose, after September 30, 1991, and before the 
date as of which sick leave first becomes available for such purpose as 
a result of the enactment of this subsection may, upon appropriate 
written application, elect to have such employee's leave accounts 
adjusted to reflect the amount of annual leave and sick leave, 
respectively, which would remain had sick leave been used instead of all 
or any portion of the annual leave actually used, as designated by the 
employee.
    ``(B) An application under this paragraph may not be approved unless 
it is submitted--
        ``(i) within 1 year after the date of the enactment of this Act 
    [September 30, 1994] or such later date as the Office may prescribe;
        ``(ii) in such form and manner as the Office shall require; and
        ``(iii) by an individual who is an employee as of the time of 
    application.
    ``(C) For the purpose of this paragraph, the term `employee' has the 
meaning given such term by section 6301(2) of title 5, United States 
Code.''


                    Adoptions During Fiscal Year 1991

    Pub. L. 101-509, title V, Sec. 536, Nov. 5, 1990, 104 Stat. 1470, 
for fiscal year 1991, authorized sick leave provided by section 6307 of 
this title to be approved for purposes related to the adoption of a 
child.

                  Section Referred to in Other Sections

    This section is referred to in sections 6129, 6302 of this title.
