
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: 5USC6337]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
              SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE
 
Sec. 6337. Accrual of leave

    (a) For the purpose of this section--
        (1) the term ``paid leave status under subchapter I'', as used 
    with respect to an employee, means the administrative status of such 
    employee while such employee is using sick leave, or annual leave, 
    accrued or accumulated under subchapter I; and
        (2) the term ``transferred leave status'', as used with respect 
    to an employee, means the administrative status of such employee 
    while such employee is using transferred leave under this 
    subchapter.

    (b)(1) Except as otherwise provided in this section, while an 
employee is in a transferred leave status, annual leave and sick leave 
shall accrue to the credit of such employee at the same rate as if such 
employee were then in a paid leave status under subchapter I, except 
that--
        (A) the maximum amount of annual leave which may be accrued by 
    an employee while in transferred leave status in connection with any 
    particular medical emergency may not exceed 5 days; and
        (B) the maximum amount of sick leave which may be accrued by an 
    employee while in transferred leave status in connection with any 
    particular medical emergency may not exceed 5 days.

    (2) Any annual or sick leave accrued by an employee under this 
section--
        (A) shall be credited to an annual leave or sick leave account, 
    as appropriate, separate from any leave account of such employee 
    under subchapter I; and
        (B) shall not become available for use by such employee, and may 
    not otherwise be taken into account under subchapter I, until, in 
    accordance with subsection (c), it is transferred to the appropriate 
    leave account of such employee under subchapter I.

    (c)(1) Any annual or sick leave accrued by an employee under this 
section shall be transferred to the appropriate leave account of such 
employee under subchapter I, and shall be available for use--
        (A) as of the beginning of the first applicable pay period 
    beginning after the date on which the employee's medical emergency 
    terminates as described in paragraph (1) or (2) of section 6335(a); 
    or
        (B) if the employee's medical emergency has not yet terminated, 
    once the employee has exhausted all transferred leave made available 
    to such employee under this subchapter.

    (2) In the event that the employee's medical emergency terminates as 
described in section 6335(a)(3)--
        (A) any leave accrued but not yet transferred under this section 
    shall not be credited to such employee; or
        (B) if there remains, as of the date the emergency so 
    terminates, any leave which became available to such employee under 
    paragraph (1)(B), such leave shall cease to be available for any 
    purpose.

    (d) Nothing in this section shall be considered to prevent, with 
respect to a continuing medical emergency, further transfers of leave 
for use after leave accrued under this section has been exhausted by the 
employee.

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2837; 
amended Pub. L. 103-103, Sec. 4, Oct. 8, 1993, 107 Stat. 1022.)


                               Amendments

    1993--Subsecs. (c), (d). Pub. L. 103-103 amended subsec. (c) 
generally and added subsec. (d). Prior to amendment, subsec. (c) read as 
follows:
    ``(1) Any annual or sick leave accrued by an employee under this 
section shall be transferred to the appropriate leave account of such 
employee under subchapter I, effective as of the beginning of the first 
applicable pay period beginning after the date on which the employee's 
medical emergency terminates as described in paragraph (1) or (2) of 
section 6335(a).
    ``(2) If the employee's medical emergency terminates as described in 
section 6335(a)(3), no leave shall be credited to such employee under 
this section.''


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-103 effective as of the 120th day after 
Oct. 8, 1993, or such earlier date as the Office of Personnel Management 
may by regulation prescribe, see section 6 of Pub. L. 103-103, set out 
as a note under section 6331 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6371, 6373 of this title.
