
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 563]
[Document affected by Public Law 107-117 Section 8023]
[CITE: 5USC6323]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                     SUBCHAPTER II--OTHER PAID LEAVE
 
Sec. 6323. Military leave; Reserves and National Guardsmen

    (a)(1) Subject to paragraph (2) of this subsection, an employee as 
defined by section 2105 of this title or an individual employed by the 
government of the District of Columbia, permanent or temporary 
indefinite, is entitled to leave without loss in pay, time, or 
performance or efficiency rating for active duty, inactive-duty training 
(as defined in section 101 of title 37), or engaging in field or coast 
defense training under sections 502-505 of title 32 as a Reserve of the 
armed forces or member of the National Guard. Leave under this 
subsection accrues for an employee or individual at the rate of 15 days 
per fiscal year and, to the extent that it is not used in a fiscal year, 
accumulates for use in the succeeding fiscal year until it totals 15 
days at the beginning of a fiscal year.
    (2) In the case of an employee or individual employed on a part-time 
career employment basis (as defined in section 3401(2) of this title), 
the rate at which leave accrues under this subsection shall be a 
percentage of the rate prescribed under paragraph (1) which is 
determined by dividing 40 into the number of hours in the regularly 
scheduled workweek of that employee or individual during that fiscal 
year.
    (3) The minimum charge for leave under this subsection is one hour, 
and additional charges are in multiples thereof.
    (b) Except as provided by section 5519 of this title, an employee as 
defined by section 2105 of this title or an individual employed by the 
government of the District of Columbia, permanent or temporary 
indefinite, who--
        (1) is a member of a Reserve component of the Armed Forces, as 
    described in section 10101 of title 10, or the National Guard, as 
    described in section 101 of title 32; and
        (2) performs, for the purpose of providing military aid to 
    enforce the law or for the purpose of providing assistance to civil 
    authorities in the protection or saving of life or property or the 
    prevention of injury--
            (A) Federal service under section 331, 332, 333, or 12406 of 
        title 10, or other provision of law, as applicable, or
            (B) full-time military service for his State, the District 
        of Columbia, the Commonwealth of Puerto Rico, or a territory of 
        the United States;

is entitled, during and because of such service, to leave without loss 
of, or reduction in, pay, leave to which he otherwise is entitled, 
credit for time or service, or performance or efficiency rating. Leave 
granted by this subsection shall not exceed 22 work-days in a calendar 
year. Upon the request of an employee, the period for which an employee 
is absent to perform service described in paragraph (2) may be charged 
to the employee's accrued annual leave or to compensatory time available 
to the employee instead of being charged as leave to which the employee 
is entitled under this subsection. The period of absence may not be 
charged to sick leave.
    (c) An employee as defined by section 2105 of this title or an 
individual employed by the government of the District of Columbia, who 
is a member of the National Guard of the District of Columbia, is 
entitled to leave without loss in pay or time for each day of a parade 
or encampment ordered or authorized under title 39, District of Columbia 
Code. This subsection covers each day of service the National Guard, or 
a portion thereof, is ordered to perform by the commanding general.
    (d)(1) A military reserve technician described in section 8401(30) 
\1\ is entitled at such person's request to leave without loss of, or 
reduction in, pay, leave to which such person is otherwise entitled, 
credit for time or service, or performance or efficiency rating for each 
day, not to exceed 44 workdays in a calendar year, in which such person 
is on active duty without pay, as authorized pursuant to section 12315 
of title 10, under section 12301(b) or 12301(d) of title 10 (other than 
active duty during a war or national emergency declared by the President 
or Congress) for participation in operations outside the United States, 
its territories and possessions.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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    (2) An employee who requests annual leave or compensatory time to 
which the employee is otherwise entitled, for a period during which the 
employee would have been entitled upon request to leave under this 
subsection, may be granted such annual leave or compensatory time 
without regard to this section or section 5519.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 90-588, Sec. 2(a), 
Oct. 17, 1968, 82 Stat. 1151; Pub. L. 90-623, Sec. 1(17), Oct. 22, 1968, 
82 Stat. 1313; Pub. L. 91-375, Sec. 6(c)(18), Aug. 12, 1970, 84 Stat. 
776; Pub. L. 96-54, Sec. 2(a)(40), Aug. 14, 1979, 93 Stat. 383; Pub. L. 
96-70, title III, Sec. 3302(e)(5), Sept. 27, 1979, 93 Stat. 498; Pub. L. 
96-431, Sec. 1, Oct. 10, 1980, 94 Stat. 1850; Pub. L. 102-190, div. A, 
title V, Sec. 528, Dec. 5, 1991, 105 Stat. 1364; Pub. L. 103-337, div. 
A, title XVI, Sec. 1677(a)(2), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 
104-106, div. A, title V, Sec. 516(a), title X, Sec. 1039, Feb. 10, 
1996, 110 Stat. 309, 432; Pub. L. 106-65, div. A, title VI, Sec. 672(b), 
title XI, Secs. 1105(a), 1106(a), Oct. 5, 1999, 113 Stat. 674, 777; Pub. 
L. 106-554, Sec. 1(a)(3) [title VI, Sec. 642], Dec. 21, 2000, 114 Stat. 
2763, 2763A-169.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 30r(a).              Aug. 10, 1956, ch.
                                                    1041, Sec.  29 (a),
                                                    70A Stat. 632.
                                                   Sept. 2, 1958, Pub.
                                                    L. 85-861, Sec.  13,
                                                    72 Stat. 1557.
                     ............................  June 30, 1960, Pub.
                                                    L. 86-559, Sec.  7,
                                                    74 Stat. 282.
                     ............................  Oct. 4, 1961, Pub. L.
                                                    87-378, Sec.  7(a),
                                                    75 Stat. 809.
------------------------------------------------------------------------

    In subsection (a), the words ``without regard to classification or 
terminology peculiar to the Civil Service system'' are omitted as 
unnecessary. The word ``performance'' is added on authority of the 
Performance Rating Act of 1950, which is carried into chapter 43 of this 
title.
    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

    Section 8401(30) of this title, referred to in subsec. (d)(1), was 
amended generally by Pub. L. 106-65, div. A, title V, Sec. 522(c)(2), 
Oct. 5, 1999, 113 Stat. 597, and, as so amended, no longer describes 
military reserve technicians.


                               Amendments

    2000--Subsec. (a)(3). Pub. L. 106-554 added par. (3).
    1999--Subsec. (a)(1). Pub. L. 106-65, Sec. 1106(a), inserted ``, 
inactive-duty training (as defined in section 101 of title 37),'' after 
``active duty'' in first sentence.
    Subsec. (d)(1). Pub. L. 106-65, Secs. 672(b) and 1105(a), amended 
par. (1) identically, striking out ``noncombat'' after ``for 
participation in''.
    1996--Subsec. (b). Pub. L. 104-106, Sec. 516(a), inserted at end 
``Upon the request of an employee, the period for which an employee is 
absent to perform service described in paragraph (2) may be charged to 
the employee's accrued annual leave or to compensatory time available to 
the employee instead of being charged as leave to which the employee is 
entitled under this subsection. The period of absence may not be charged 
to sick leave.''
    Subsec. (d). Pub. L. 104-106, Sec. 1039, added subsec. (d).
    1994--Subsec. (b)(1). Pub. L. 103-337, Sec. 1677(a)(2)(A), 
substituted ``section 10101'' for ``section 261''.
    Subsec. (b)(2)(A). Pub. L. 103-337, Sec. 1677(a)(2)(B), substituted 
``or 12406 of title 10'' for ``3500, or 8500 of title 10''.
    1991--Subsec. (b)(2). Pub. L. 102-190 substituted ``law or for the 
purpose of providing assistance to civil authorities in the protection 
or saving of life or property or the prevention of injury--'' for 
``law--'' in introductory provisions.
    1980--Subsec. (a). Pub. L. 96-431 designated existing provisions as 
par. (1), substituted ``Subject to paragraph (2) of this subsection, an 
employee'' for ``An employee'' and ``for active duty or engaging in 
field or coast defense training'' for ``for each day, not in excess of 
15 days in a calendar year, in which he is on active duty or is engaged 
in field or coast defense training'', inserted provision relating to 
accrual and accumulation of leave, and added par. (2).
    1979--Subsec. (b)(2)(B). Pub. L. 96-70 which directed the amendment 
of subsec. (c)(2)(B) by striking out ``the Canal Zone,'' was executed to 
subsec. (b)(2)(B) in view of the redesignation of subsec. (c) as (b) by 
Pub. L. 96-54. See 1979 Amendment note below.
    Subsec. (b). Pub. L. 96-54 redesignated subsec. (c), as added by 
Pub. L. 90-588, as (b). Former subsec. (b), relating to military leave, 
was repealed by Pub. L. 91-375, Sec. 6(c)(18)(B), Aug. 12, 1970, 84 
Stat. 776.
    Subsec. (c). Pub. L. 96-54 redesignated subsec. (c), as added by 
Pub. L. 90-588, as (b).
    1970--Subsec. (a). Pub. L. 91-375, Sec. 6(c)(18)(A), struck out 
``(except a substitute in the postal field service)'' after ``section 
2105 of this title''.
    Subsec. (b). Pub. L. 91-375, Sec. 6(c)(18)(B), struck out subsec. 
(b) relating to military leave, without loss in pay, time, or efficiency 
rating, of substitute employees of the postal service, not in excess of 
80 hours in a calendar year, for National Guard training as Reserves of 
the Armed Forces or members of the National Guard, on basis of 1 hour 
for 26 hours of work, including minimum working period of 1,040 hours in 
the prior calendar year.
    Subsec. (c). Pub. L. 91-375, Sec. 6(c)(18)(A), struck out ``(except 
a substitute in the postal field service)'' after ``section 2105 of this 
title''.
    Subsec. (d). Pub. L. 91-375, Sec. 6(c)(18)(B), struck out subsec. 
(d) relating to military leave, without loss of or reduction in pay, 
leave, service credit, or efficiency rating, of substitute employees of 
the postal service, not in excess of 160 hours in a calendar year, for 
service as members of Reserve components of the Armed Forces or the 
National Guard, for Federal service under insurrection provisions of 
sections 331, 332, and 333 and in the Army National Guard and Air 
National Guard under sections 3500 and 8500 of Title 10 and non-Federal 
service (in the States, District of Columbia, Puerto Rico, Canal Zone, 
and the territories) for purpose of providing military aid to enforce 
the law, on basis of 1 hour for 13 hours of work, including minimum 
working period of 1,040 hours in the prior calendar year.
    1968--Subsecs. (a), (b). Pub. L. 90-623, Sec. 1(17)(A), substituted 
``loss in'' for ``loss of''.
    Subsec. (c). Pub. L. 90-623, Sec. 1(17)(B), added subsec. (c), set 
out second.
    Subsec. (c). Pub. L. 90-588 added subsec. (c), set out first.
    Subsec. (d). Pub. L. 90-588 added subsec. (d).


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title XI, Sec. 1105(b), Oct. 5, 1999, 113 
Stat. 777, provided that: ``The amendment made by subsection (a) 
[amending this section] shall take effect on the date of the enactment 
of this Act [Oct. 5, 1999] and shall apply with respect to days of leave 
under section 6323(d)(1) of title 5, United States Code, on or after 
that date.''
    Pub. L. 106-65, div. A, title XI, Sec. 1106(b), Oct. 5, 1999, 113 
Stat. 777, provided that: ``The amendment made by subsection (a) 
[amending this section] shall not apply with respect to any inactive-
duty training (as defined in such amendment) occurring before the date 
of the enactment of this Act [Oct. 5, 1999].''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of Title 10, Armed Forces.


                    Effective Date of 1980 Amendment

    Section 2 of Pub. L. 96-431 provided that: ``The amendments made by 
the first section of this Act [amending this section] shall take effect 
October 1, 1980.''


                    Effective Date of 1979 Amendments

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.
    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 1970 Amendment

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by Board of Governors of United 
States Postal Service and Published by it in Federal Register, see 
section 15(a) of Pub. L. 91-375, set out as an Effective Date note 
preceding section 101 of Title 39, Postal Service.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 effective as of Sept. 6, 1966, for all 
purposes, see section 6 of Pub. L. 90-623, set out as a note under 
section 5334 of this title.


                  Definition of Officers and Employees

    Section 4 of act July 1, 1947, ch. 192, 61 Stat. 239, as amended by 
act June 22, 1956, ch. 428, 70 Stat. 331, provided that: ``The words 
`officers and employees of the United States or of the District of 
Columbia' as used in the third paragraph, subheading `Ordinance Stores 
and Equipment for Reserve Officers Training Corps', of the Act of May 
12, 1917 (40 Stat. 72; 10 U.S.C. Annotated 371) [covered by this 
section], as now or hereafter amended, as used in that part of section 
80 of the Act of June 3, 1916 (39 Stat. 203; 32 U.S.C. 75) [covered by 
this section], as now or hereafter amended, which precedes the proviso, 
and as used in the first proviso of section 9 of the Naval Reserve Act 
of 1938 (52 Stat. 1177; 34 U.S.C. 853g) [covered by this section], as 
now or hereafter amended, shall be construed to mean all officers and 
employees of the United States or of the District of Columbia, permanent 
or temporary indefinite, without regard to classifications or 
terminology peculiar to the Federal Civil Service System. The words 
`officers and employees of the United States or of the District of 
Columbia', as used in such provisions of law, as now or hereafter 
amended, also shall be construed to mean substitute employees in the 
postal field service; such substitute employees shall be entitled to 
military leave of absence on the basis of one hour of such leave for 
each period or periods aggregating twenty-six hours of work performed in 
the calendar year immediately preceding the year in which they are 
ordered to duty by proper authority: Provided, That the number of hours 
worked during the preceding calendar year shall not be less than one 
thousand forty hours before such substitute employee shall be entitled 
to military leave of absence, pay for such leave not to exceed eighty 
hours in each calendar year.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5519, 6129 of this title; 
title 22 section 3664; title 37 section 1002.
