
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: 5USC6361]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
               SUBCHAPTER IV--VOLUNTARY LEAVE BANK PROGRAM
 
Sec. 6361. Definitions

    For the purpose of this subchapter the term--
        (1) ``employee'' means an employee as defined by section 
    6301(2), but shall exclude any individual employed by the government 
    of the District of Columbia;
        (2) ``executive agency'' means any executive agency or any 
    administrative unit thereof;
        (3) ``leave bank'' means a leave bank established under section 
    6363;
        (4) ``leave contributor'' means an employee who contributes 
    leave to an agency leave bank under section 6365;
        (5) ``leave recipient'' means an employee whose application 
    under section 6367 to receive contributions of leave from a leave 
    bank is approved; and
        (6) ``medical emergency'' means a medical condition of an 
    employee or a family member of such employee that is likely to 
    require the prolonged absence of such employee from duty and to 
    result in a substantial loss of income to such employee because of 
    the unavailability of paid leave (disregarding any advanced leave).

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2839; 
amended Pub. L. 103-103, Sec. 3(a), Oct. 8, 1993, 107 Stat. 1022.)


                               Amendments

    1993--Par. (6). Pub. L. 103-103 inserted before period at end 
``(disregarding any advanced leave)''.


                    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.


   Leave Bank for Judicial Branch Employees of Federal Government in 
           Reserves Who Were Activated During Persian Gulf War

    Pub. L. 102-58, Sec. 3, June 18, 1991, 105 Stat. 299, provided that:
    ``(a) Judicial Branch Employees.--The Director of the Administrative 
Office of the United States Courts shall establish a leave bank program 
under which--
        ``(1) an employee of the Judicial Branch may (during a period 
    specified by the Director of the Administrative Office) donate any 
    unused annual leave from the employee's annual leave account to a 
    leave bank established by the Director;
        ``(2) the total amount of annual leave that has been donated 
    under paragraph (1) shall be divided equally among the annual leave 
    accounts of all employees who have been members of the Armed Forces 
    serving on active duty during the Persian Gulf conflict pursuant to 
    an order issued under section 672(a) [now 12301(a)], 672(g) [now 
    12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 
    [now 12307], or 688 of title 10, United States Code, and who return 
    to employment with the Judicial Branch; and
        ``(3) such Persian Gulf conflict participants who have returned 
    to Judicial Branch employment may use such annual leave, after it is 
    credited to their leave accounts, in the same manner as any other 
    annual leave to their credit.
    ``(b) Definitions.--For purposes of subsection (a), the term 
`employee' means an employee as defined in section 6301(2) of title 5, 
United States Code.
    ``(c) Deadline for Regulations.--Within 30 days after the date of 
the enactment of this Act [June 18, 1991], the Director of the 
Administration [Administrative] Office shall prescribe regulations 
necessary for the administration of subsection (a).''


Leave Bank for Federal Civilian Employees in Reserves Who Were Activated 
                         During Persian Gulf War

    Pub. L. 102-25, title III, Sec. 361, Apr. 6, 1991, 105 Stat. 92, as 
amended by Pub. L. 102-484, div. A, title X, Sec. 1054(c)(1), Oct. 23, 
1992, 106 Stat. 2502, provided that:
    ``(a) Civil Service Employees.--The Office of Personnel Management 
shall establish a leave bank program under which--
        ``(1) an employee in any executive agency may (during a period 
    specified by the Office of Personnel Management) donate any unused 
    annual leave from the employee's annual leave account to a leave 
    bank established by the Office of Personnel Management;
        ``(2) the total annual leave that has been donated under 
    paragraph (1) shall be divided equally among the annual leave 
    accounts of all employees who have been members of the Armed Forces 
    serving on active duty during the Persian Gulf conflict pursuant to 
    an order issued under section 672(a) [now 12301(a)], 672(g) [now 
    12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 
    [now 12307], or 688 of title 10, United States Code, and who return 
    to civilian employment with their agencies; and
        ``(3) such Persian Gulf concflict [sic] participants who have 
    returned to civilian employment may use such annual leave, after it 
    is credited to their leave accounts, in the same manner as any other 
    annual leave to their credit.
    ``(b) Definitions.--For purposes of subsection (a), the term 
`employee' means an employee as defined in section 6361(1) of title 5, 
United States Code.
    ``(c) Deadline for Regulations.--Within 30 days after the date of 
the enactment of this Act [Apr. 6, 1991], the Office of Personnel 
Management shall prescribe regulations necessary for the administration 
of subsection (a).
    ``(d) Department of Veterans Affairs Health-Care Professionals.--The 
Secretary of Veterans Affairs shall establish a program similar to that 
established under subsection (a) for the benefit of health-care 
professionals covered under section 7423(e) of title 38, United States 
Code. Such program shall be as similar and [as] practicable to the 
program established under subsection (a).''
