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119th Congress

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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 63 — Leave

§ 6304. Annual leave; accumulation

Statutory text

(a)

Except as provided by subsections (b), (d), (e), (f), and (g) of this section, annual leave provided by section 6303 of this title, which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year.

(b)

Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year:

(1)

Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred.

(2)

Individuals employed locally but—

(A)
(i)

who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment;

(ii)

who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and

(iii)

whose conditions of employment provide for their return transportation to the United States or its territories or possessions including the Commonwealth of Puerto Rico; or

(B)
(i)

who were at the time of employment temporarily absent, for the purpose of travel or formal study, from the United States, or from their respective places of residence in its territories or possessions including the Commonwealth of Puerto Rico; and

(ii)

who, during the temporary absence, have maintained residence in the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment.

(3)

Individuals who are not normally residents of the area concerned and who are discharged from service in the armed forces to accept employment with an agency of the Government of the United States.

(c)

Annual leave in excess of the amount allowable—

(1)

under subsection (a) or (b) of this section which was accumulated under earlier statute; or

(2)

under subsection (a) of this section which was accumulated under subsection (b) of this section by an employee who becomes subject to subsection (a) of this section;

remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year, until the employee’s accumulated leave does not exceed the amount allowed under subsection (a) or (b) of this section, as appropriate.

(d)
(1)

Annual leave which is lost by operation of this section because of—

(A)

administrative error when the error causes a loss of annual leave otherwise accruable after ;

(B)

exigencies of the public business when the annual leave was scheduled in advance; or

(C)

sickness of the employee when the annual leave was scheduled in advance;

shall be restored to the employee.

(2)

Annual leave restored under paragraph (1) of this subsection, or under clause (2) of section 5562(a) of this title, which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management. Leave credited under this paragraph but unused and still available to the employee under the regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title.

(3)
(A)

For the purpose of this subsection, the closure of, and any realignment with respect to, an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) during any period, the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977, and the closure of any other installation of the Department of Defense, during the period beginning on , and ending on , shall be deemed to create an exigency of the public business and any leave that is lost by an employee of such installation by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).

(B)

For the purpose of subparagraph (A), the term “realignment” means a base realignment (as defined in subsection (e)(3) of section 2687 of title 10) that meets the requirements of subsection (a)(2) of such section.

(4)
(A)

For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone is an exigency of the public business for that employee. Any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).

(B)

As used in subparagraph (A)—

(i)

the term “Department of Defense emergency essential employee” means an employee of the Department of Defense who is designated under section 1580 of title 10 as an emergency essential employee; and

(ii)

the term “combat zone” has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.

(e)

Annual leave otherwise accruable after , which is lost by operation of this section because of administrative error and which is not credited under subsection (d)(2) of this section because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within 3 years immediately following the date of discovery of the error. Payment shall be made by the agency of employment when the lump-sum payment provisions of section 5551 of this title last became applicable to the employee at the rate of basic pay in effect on the date the lump-sum provisions became applicable.

(f)
(1)

This subsection applies with respect to annual leave accrued by an individual while serving in—

(A)

a position in the Senior Executive Service;

(B)

a position in the Senior Foreign Service;

(C)

a position in the Defense Intelligence Senior Executive Service;

(D)

a position in the Senior Cryptologic Executive Service;

(E)

a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;

(F)

a position to which section 5376 applies;

(G)

a position designated under section 1607(a) of title 10 as an Intelligence Senior Level position; or

(H)

 1 a position in the Library of Congress the compensation for which is set at a rate equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314.

(H)

 1 a position in the United States Secret Service Uniformed Division at the rank of Deputy Chief, Assistant Chief, or Chief.

(2)

For purposes of applying any limitation on accumulation under this section with respect to any annual leave described in paragraph (1)—

(A)

“30 days” in subsection (a) shall be deemed to read “90 days”; and

(B)

“45 days” in subsection (b) shall be deemed to read “90 days”.

Footnotes

  1. 1 So in original. Two subpars. (H) have been enacted.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 6304

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 519

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 519

  2. Pub. L. 93–181 § 3(1) · 87 Stat. 705

    Substituted · 5 U.S.C. § 6304(a)

    Pub. L. 93–181, § 3(1), substituted “subsections (b), (d), and (e) of this section” for “subsection (b) of this section”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–181, § 3(1), substituted “subsections (b), (d), and (e) of this section” for “subsection (b) of this section”.

    Enacted provision · exact public law section
    (1) by striking out of subsection (a) the phrase “subsection (b) of this section” and inserting in lieu thereof “subsections (b), (d), and (e) of this section”; and

  3. Pub. L. 93–181 § 3(2) · 87 Stat. 705

    Added · 5 U.S.C. § 6304(d); 5 U.S.C. § 6304(e)

    Pub. L. 93–181, § 3(2), added subsecs. (d) and (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 93–181, § 3(2), added subsecs. (d) and (e).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsections: Conditions. “(d) (1) Annual leave which is lost by operation of this section because of— “(A) administrative error when the error causes a loss of annual leave otherwise accruable after dime 30, 1960; “(B) exigencies of the public business when the annual leave was scheduled in advance; or “(C) sickness of the employee when the annual leave was scheduled in advance; shall be restored to the employee. “(2) Annual leave restored under paragraph (1) of this subsection, or under cl a use (2) of section 5562(a) of tins title, which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations Lump-sum payment. of the Civil Service Commission. Leave credited under this paragraph but unused and still available to the employee under the regulations prescribed by the Commission shall be included in the lumpsum payment Ante, p. 705. 80 Stat. 489. under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title. “(e) Annual leave otherwise accruable after June 30, 1960, which is lost by operation of this section because of administrative error and which is not credited under subsection (d)(2) of this section because the employee is separated before the error is discovered, is subject to credit and liquidation by lumpsum payment only if a claim therefor is filed within 3 years immediately following the date of discovery of the error. Payment shall be made by the agency of employment when the lumpsum payment provisions of section 5551 of this Ante, p. 705. title last became applicable to the employee at the salary rate in effect on the date of the lumpsum provisions became applicable.”.

  4. Pub. L. 95–454 § 410(1) · 92 Stat. 1111

    Inserted · 5 U.S.C. § 6304(a)

    Pub. L. 95–454, § 410(1), inserted reference to subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–454, § 410(1), inserted reference to subsec. (f).

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “and (e)” and inserting in lieu thereof “(e), and (f)”; and

  5. Pub. L. 95–454 § 906(a)(2) · 92 Stat. 1111

    Substituted · 5 U.S.C. § 6304(d)(2)

    Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

    Enacted provision · exact public law section
    (2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;

  6. Pub. L. 95–454 § 410(2) · 92 Stat. 1111

    Added · 5 U.S.C. § 6304(f)

    Pub. L. 95–454, § 410(2), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 95–454, § 410(2), added subsec. (f).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection:

  7. Pub. L. 96–54 § 2(a)(39) · 93 Stat. 381

    Substituted · 5 U.S.C. § 6304(e)

    Pub. L. 96–54 substituted “rate of basic pay” for “salary rate”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–54 substituted “rate of basic pay” for “salary rate”.

    Enacted provision · exact public law section
    (39) Section 6304(e) is amended by striking out “salary rate” and inserting in lieu thereof “rate of basic pay”.

  8. Pub. L. 96–465 § 2312(b)(1) · 94 Stat. 2071

    Inserted · 5 U.S.C. § 6304(a)

    Pub. L. 96–465, § 2312(b)(1), inserted reference to subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–465, § 2312(b)(1), inserted reference to subsec. (g).

    Enacted provision · exact public law section
    (1) in subsection (a) by striking out “and (f)” and inserting in lieu thereof “(f), and (g)”; and

  9. Pub. L. 96–465 § 2312(b)(2) · 94 Stat. 2071

    Added · 5 U.S.C. § 6304(g)

    Pub. L. 96–465, § 2312(b)(2), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 96–465, § 2312(b)(2), added subsec. (g).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection: “(g) Annual leave accrued by a member of the Senior Foreign Service shall not be subject to the limitation on accumulation otherwise imposed by this section.”.

  10. Pub. L. 97–89 title VIII § 802 · 95 Stat. 1150

    1. Amended · 5 U.S.C. § 6304(f)

      Pub. L. 97–89 amended subsec. (f) generally, transferring from former subsec. (g) provisions excepting from the limitation on accumulation otherwise imposed by this section any annual leave accrued by members of the Senior Foreign Service

    2. Inserted · 5 U.S.C. § 6304(f)

      Pub. L. 97–89 inserting provisions relating to annual leave accrued by individuals while serving in positions in the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–89 amended subsec. (f) generally, transferring from former subsec. (g) provisions excepting from the limitation on accumulation otherwise imposed by this section any annual leave accrued by members of the Senior Foreign Service and inserting provisions relating to annual leave accrued by individuals while serving in positions in the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service.

    Enacted provision · exact public law section
    Sec. 802. accumulation of annual leave not subject to limitation Section 6304 of title 5, United States Code, is amended by striking out subsections (f) and (g) and inserting in lieu thereof the following: “(f) Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in— “(1) the Senior Executive Service; “(2) the Senior Foreign Service; “(3) the Defense Intelligence Senior Executive Service; or “(4) the Senior Cryptologic Executive Service.”.

  11. Pub. L. 97–89 title VIII § 802 · 95 Stat. 1150

    Struck · 5 U.S.C. § 6304(g)

    Pub. L. 97–89 struck out subsec. (g). Provisions formerly set out in subsec. (g), relating to annual leave accrued by members of the Senior Foreign service, were incorporated in subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 97–89 struck out subsec. (g). Provisions formerly set out in subsec. (g), relating to annual leave accrued by members of the Senior Foreign service, were incorporated in subsec. (f).

    Enacted provision · exact public law section
    Sec. 802. accumulation of annual leave not subject to limitation Section 6304 of title 5, United States Code, is amended by striking out subsections (f) and (g) and inserting in lieu thereof the following: “(f) Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in— “(1) the Senior Executive Service; “(2) the Senior Foreign Service; “(3) the Defense Intelligence Senior Executive Service; or “(4) the Senior Cryptologic Executive Service.”.

  12. Pub. L. 100–325 § 2(k) · 102 Stat. 579

    Added · 5 U.S.C. § 6304(f)(5)

    Pub. L. 100–325 added par. (5)

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 100–325 added par. (5).

    Enacted provision · exact public law section
    (k) Section 6304(f) of title 5, United States Code, is amended— (1) by striking “or” at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting or”; and (3) by adding at the end the following: “(5) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”.

  13. Technical and Miscellaneous Civil Service Amendments Act of 1992

    Pub. L. 102–378 § 2(53) · 106 Stat. 1346

    Substituted · 5 U.S.C. § 6304(e)

    Pub. L. 102–378 substituted “date” for “date of” in last sentence

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–378 substituted “date” for “date of” in last sentence.

    Enacted provision · exact public law section
    (53) in the second sentence of section 6304(e) by striking “date of” and inserting “date”;

  14. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 div. D title XLIV § 4434 · 106 Stat. 2315

    Added · 5 U.S.C. § 6304(d)(3)

    Pub. L. 102–484 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 102–484 added par. (3).

    Enacted provision · exact public law section
    SEC. 4434. RESTORATION OF CERTAIN LEAVE. Section 6304(d) of title 5, United States Code, is amended by adding at the end the following: “(3) For the purpose of this subsection, the closure of an installation of the Department of Defense, during the period beginning on October 1, 1992, and ending on December 31, 1997, snail be deemed to create an exigency of the public business and any leave that is lost by an employee of such installation by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).”.

  15. Military Construction Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 2816(a) · 108 Stat. 2663

    1. Amended · 5 U.S.C. § 6304(d)(3)

      Pub. L. 103–337, § 2816(a), designated existing provisions as subpar. (A)

    2. Substituted · 5 U.S.C. § 6304(d)(3)

      Pub. L. 103–337, § 2816(a), substituted “closure of, and any realignment with respect to,” for “closure of”

    3. Added · 5 U.S.C. § 6304(d)(3)

      Pub. L. 103–337, § 2816(a), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 103–337, § 2816(a), designated existing provisions as subpar. (A), substituted “closure of, and any realignment with respect to,” for “closure of”, and added subpar. (B).

    Enacted provision · exact public law section
    (a) Restoration Required.— Section 6304(d)(3) of title 5, United States Code, is amended— (1) by striking “(3)” and inserting “(3)(A)”; (2) by striking “closure of’ and inserting “closure of, and any realignment with respect to,”; and (3) by adding at the end the following new subparagraph: “(B) For the purpose of subparagraph (A), the term ‘realignment’ means a base realignment (as defined in subsection (e)(3) of section 2687 of title 10) that meets the requirements of subsection (a)(2) of such section.”.

  16. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 341(c) · 108 Stat. 2663

    Substituted · 5 U.S.C. § 6304(d)(3)

    Pub. L. 103–337, § 341(c), substituted “the closure of an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) during any period, and the closure of any other installation” for “the closure of an installation”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 341(c), substituted “the closure of an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) during any period, and the closure of any other installation” for “the closure of an installation”.

    Enacted provision · exact public law section
    (c) Restoration of Certain Leave.— Section 6304(d)(3) of title 5, United States Code, is amended by striking out “the closure of an installation” and inserting in lieu thereof “the closure of an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) during any period, and the closure of any other installation”.

  17. Government Management Reform Act of 1994

    Pub. L. 103–356 title II § 201(a) · 108 Stat. 3410

    Amended · 5 U.S.C. § 6304(f)

    Pub. L. 103–356 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in—

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–356 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in—

    “(1) the Senior Executive Service; “(2) the Senior Foreign Service; “(3) the Defense Intelligence Senior Executive Service; “(4) the Senior Cryptologic Executive Service; or “(5) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”

    Enacted provision · exact public law section
    (a) In General.— Effective on the first day of the first Effective date. applicable pay period beginning after the date of the enactment of this Act, subsection (f) of section 6304 of title 5, United States Code, is amended to read as follows: “(f) (1) This subsection applies with respect to annual leave accrued by an individual while serving in a position in— “(A) the Senior Executive Service; “(B) the Senior Foreign Service; “(C) the Defense Intelligence Senior Executive Service; “(D) the Senior Cryptologic Executive Service; or “(E) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. “(2) For purposes of applying any limitation on accumulation under this section with respect to any annual leave described in paragraph (1)— “(A) ‘30 days’ in subsection (a) shall be deemed to read ‘90 days’; and “(B) ‘45 days’ in subsection (b) shall be deemed to read ‘90 days’.”. (b) Use of Excess Leave.— Notwithstanding the amendment 5 USC 6304 note. made by subsection (a), in the case of an employee who, on the effective date of subsection (a), is subject to subsection (f) of section 6304 of title 5, United States Code, and who has to such employee’s credit annual leave in excess of the maximum accumulation otherwise permitted by subsection (a) or (b) of section 6304 (determined applying the amendment made by subsection (a)), such excess annual leave shall remain to the credit of the employee and be subject to reduction, in the same manner as provided in subsection (c) of section 6304.

  18. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title XI § 1105 · 112 Stat. 1920

    Inserted · 5 U.S.C. § 6304(d)(3)(A)

    Pub. L. 105–261 inserted “the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977,” after “2687 note) during any period,”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 105–261 inserted “the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977,” after “2687 note) during any period,”.

    Enacted provision · exact public law section
    SEC. 1105. RESTORATION OF ANNUAL LEAVE ACCUMULATED BY CIVILIAN EMPLOYEES AT INSTALLATIONS IN THE REPUBLIC OF PANAMA TO BE CLOSED PURSUANT TO THE PANAMA CANAL TREATY OF 1977. Section 6304(d)(3)(A) of title 5, United States Code, is amended by inserting “the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977,” after “2687 note) during any period.”.

  19. Pub. L. 106–65 div. A title XI § 1103(a) · 113 Stat. 512

    Added · 5 U.S.C. § 6304(d)(4)

    Pub. L. 106–65 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 106–65 added par. (4).

    Enacted provision · exact public law section
    (a) Service in a Combat Zone as Exigency of the Public Business.— Section 6304(d) of title 5, United States Code, is amended by adding at the end the following: “(4) (A) For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone is an exigency of the public business for that employee. Any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2). “(B) As used in subparagraph (A)— “(i) the term ‘Department of Defense emergency essential employee’ means an employee of the Department of Defense who is designated under section 1580 of title 10 as an emergency essential employee; and “(ii) the term ‘combat zone’ has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.”.

  20. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title XI § 1112 · 122 Stat. 3

    1. Substituted · 5 U.S.C. § 6304(f)(1)

      Pub. L. 110–181 substituted “in—” for “in a position in—” in introductory provisions

    2. Inserted · 5 U.S.C. § 6304(f)(1)

      Pub. L. 110–181 inserted “a position in” before “the” in subpars. (A) to (E)

    3. Struck · 5 U.S.C. § 6304(f)(1)

      Pub. L. 110–181 struck out “or” at end of subpar. (D)

    4. Substituted · 5 U.S.C. § 6304(f)(1)

      Pub. L. 110–181 substituted semicolon for period at end of subpar. (E)

    5. Added · 5 U.S.C. § 6304(f)(1)

      Pub. L. 110–181 added subpars. (F) and (G)

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 110–181 substituted “in—” for “in a position in—” in introductory provisions, inserted “a position in” before “the” in subpars. (A) to (E), struck out “or” at end of subpar. (D), substituted semicolon for period at end of subpar. (E), and added subpars. (F) and (G).

    Enacted provision · exact public law section
    SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL EMPLOYEES.   Section 6304(f)(1) of title 5, United States Code, is amended— (1) in the matter before subparagraph (A), by striking “in a position in—” and inserting “in—”; (2) in subparagraphs (A) through (E), by inserting “a position in” before “the”; (3) in subparagraph (D), by striking “or” at the end; (4) in subparagraph (E), by striking the period and inserting a semicolon; and (5) by adding after subparagraph (E) the following: “(F) a position to which section 5376 applies; or “(G) a position designated under section 1607(a) of title 10 as an Intelligence Senior Level position.” .

  21. Legislative Branch Appropriations Act, 2010

    Pub. L. 111–68 div. A title I § 1404(1) · 123 Stat. 2023

    Added · 5 U.S.C. § 6304(f)(1)(H)

    Pub. L. 111–68 added subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (f)(1)(H). Pub. L. 111–68 added subpar. (H).

    Enacted provision · exact public law section
    (1) in subparagraph (F), by striking “or” at the end;

  22. United States Secret Service Uniformed Division Modernization Act of 2010

    Pub. L. 111–282 § 2(b)(1) · 124 Stat. 3033

    Struck · 5 U.S.C. § 6304(f)(1)(F)

    Pub. L. 111–282, § 2(b)(1), which directed amendment of subpar. (F) by striking “or” after the semicolon, could not be executed because the word “or” did not appear

    Source evidence

    Code amendment note
    Subsec. (f)(1)(F). Pub. L. 111–282, § 2(b)(1), which directed amendment of subpar. (F) by striking “or” after the semicolon, could not be executed because the word “or” did not appear.

    Enacted provision · exact public law section
    (1) in subparagraph (F), by striking “or” after the semicolon;

    Effective date note
    Amendment by Pub. L. 111–282 effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as a note under section 5102 of this title.

  23. United States Secret Service Uniformed Division Modernization Act of 2010

    Pub. L. 111–282 § 2(b)(2) · 124 Stat. 3033

    Substituted · 5 U.S.C. § 6304(f)(1)(G)

    Pub. L. 111–282, § 2(b)(2), which directed substitution of “; or” for the period, could not be executed because there was no period

    Source evidence

    Code amendment note
    Subsec. (f)(1)(G). Pub. L. 111–282, § 2(b)(2), which directed substitution of “; or” for the period, could not be executed because there was no period.

    Enacted provision · exact public law section
    (2) in subparagraph (G), by striking the period and inserting “; or”; and

    Effective date note
    Amendment by Pub. L. 111–282 effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as a note under section 5102 of this title.

  24. United States Secret Service Uniformed Division Modernization Act of 2010

    Pub. L. 111–282 § 2(b)(3) · 124 Stat. 3033

    Added · 5 U.S.C. § 6304(f)(1)(H)

    Pub. L. 111–282, § 2(b)(3), added subpar. (H) relating to a position in the United States Secret Service Uniformed Division

    Source evidence

    Code amendment note
    Subsec. (f)(1)(H). Pub. L. 111–282, § 2(b)(3), added subpar. (H) relating to a position in the United States Secret Service Uniformed Division.

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(H) a position in the United States Secret Service Uniformed Division at the rank of Deputy Chief, Assistant Chief, or Chief.” .

    Effective date note
    Amendment by Pub. L. 111–282 effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as a note under section 5102 of this title.

30 of 31 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large
(a)5 U.S.C. 2062(c).Oct. 30, 1951, ch. 631, § 203(c), 65 Stat. 680.July 2, 1953, ch. 178, § 3(a), 67 Stat. 137.
(b)5 U.S.C. 2602(d).Oct. 30, 1951, ch. 631, § 203(d), 65 Stat. 680.July 2, 1953, ch. 178, § 3(b), 67 Stat. 137.
  Sept. 6, 1960, Pub. L. 86–707, § 401 “(d)”, 74 Stat. 799.
(c)5 U.S.C. 2066(a).Oct. 30, 1951, ch. 631, § 208(a), 65 Stat. 682.
  July 2, 1953, ch. 178, § 3(c), 67 Stat. 137.

The words “Except as provided by subsection (b) of this section” are added to subsection (a), and the words “Notwithstanding the provisions of subsection (c)” in former section 2062(d) are omitted as unnecessary because of the exception added to subsection (a).

The words “full biweekly pay period” are substituted for “complete biweekly pay period” to conform to section 6303.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (d)(3)(A), is part A of title XXIX of div. B of Pub. L. 101–510, , 104 Stat. 1808, which is set out as a note under section 2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Tables.

Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (d)(4)(B)(ii), is classified to section 112(c)(2) of Title 26, Internal Revenue Code.

Amendments1973–2010 · 13 rounds

2010

Subsec. (f)(1)(F). Pub. L. 111–282, § 2(b)(1), which directed amendment of subpar. (F) by striking “or” after the semicolon, could not be executed because the word “or” did not appear.

Subsec. (f)(1)(G). Pub. L. 111–282, § 2(b)(2), which directed substitution of “; or” for the period, could not be executed because there was no period.

Subsec. (f)(1)(H). Pub. L. 111–282, § 2(b)(3), added subpar. (H) relating to a position in the United States Secret Service Uniformed Division.

2009

Subsec. (f)(1)(H). Pub. L. 111–68 added subpar. (H).

2008

Subsec. (f)(1). Pub. L. 110–181 substituted “in—” for “in a position in—” in introductory provisions, inserted “a position in” before “the” in subpars. (A) to (E), struck out “or” at end of subpar. (D), substituted semicolon for period at end of subpar. (E), and added subpars. (F) and (G).

1999

Subsec. (d)(4). Pub. L. 106–65 added par. (4).

1998

Subsec. (d)(3)(A). Pub. L. 105–261 inserted “the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977,” after “2687 note) during any period,”.

1994

Subsec. (d)(3). Pub. L. 103–337, § 2816(a), designated existing provisions as subpar. (A), substituted “closure of, and any realignment with respect to,” for “closure of”, and added subpar. (B).

Pub. L. 103–337, § 341(c), substituted “the closure of an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) during any period, and the closure of any other installation” for “the closure of an installation”.

Subsec. (f). Pub. L. 103–356 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in—

“(1) the Senior Executive Service;

“(2) the Senior Foreign Service;

“(3) the Defense Intelligence Senior Executive Service;

“(4) the Senior Cryptologic Executive Service; or

“(5) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”

1992

Subsec. (d)(3). Pub. L. 102–484 added par. (3).

Subsec. (e). Pub. L. 102–378 substituted “date” for “date of” in last sentence.

1988

Subsec. (f)(5). Pub. L. 100–325 added par. (5).

1981

Subsec. (f). Pub. L. 97–89 amended subsec. (f) generally, transferring from former subsec. (g) provisions excepting from the limitation on accumulation otherwise imposed by this section any annual leave accrued by members of the Senior Foreign Service and inserting provisions relating to annual leave accrued by individuals while serving in positions in the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service.

Subsec. (g). Pub. L. 97–89 struck out subsec. (g). Provisions formerly set out in subsec. (g), relating to annual leave accrued by members of the Senior Foreign service, were incorporated in subsec. (f).

1980

Subsec. (a). Pub. L. 96–465, § 2312(b)(1), inserted reference to subsec. (g).

Subsec. (g). Pub. L. 96–465, § 2312(b)(2), added subsec. (g).

1979

Subsec. (e). Pub. L. 96–54 substituted “rate of basic pay” for “salary rate”.

1978

Subsec. (a). Pub. L. 95–454, § 410(1), inserted reference to subsec. (f).

Subsec. (d)(2). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

Subsec. (f). Pub. L. 95–454, § 410(2), added subsec. (f).

1973

Subsec. (a). Pub. L. 93–181, § 3(1), substituted “subsections (b), (d), and (e) of this section” for “subsection (b) of this section”.

Subsecs. (d), (e). Pub. L. 93–181, § 3(2), added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–282 effective on first day of first pay period which begins after , see section 5 of Pub. L. 111–282, set out as a note under section 5102 of this title.

Effective Date of 2009 Amendment

Pub. L. 111–68, div. A, title I, § 1404(4), , 123 Stat. 2038, provided that: “The amendments made by subsection (a) [probably means pars. (1) to (3), which amended this section] shall apply with respect to annual leave accrued during pay periods beginning after the date of the enactment of this Act [].”

Effective Date of 1994 Amendments

Pub. L. 103–356, title II, § 201(a), , 108 Stat. 3411, provided that the amendment made by that section is effective on the first day of the first applicable pay period beginning after .

Pub. L. 103–337, div. B, title XXVIII, § 2816(b), , 108 Stat. 3056, provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to the restoration of annual leave of employees at military installations undergoing realignment if such leave is lost by operation of section 6304 of title 5, United States Code, on or after the date of the enactment of this Act [].”

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–89 effective , see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective , 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 , 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 section 410 of Pub. L. 95–454 effective 9 months after , and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.

Amendment by section 906(a)(2), (3) of Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.

Temporary Increase in Limitation on Accumulation of Annual Leave for Executive Branch Employees

Pub. L. 116–283, div. A, title XI, § 1111, , 134 Stat. 3893, provided that:

“(a)

In General.—

At the discretion of the Director of the Office of Personnel Management, annual leave provided to an Executive branch employee may accumulate for use in leave year 2021 in an amount equal to 125% of the maximum amount of annual leave permitted, but for this subsection, to accumulate for use in that leave year under the leave system covering such employee.

“(b)

Exclusion From Lump-sum Payment.—

Any annual leave accumulated pursuant to subsection (a) in excess of the maximum amount of annual leave permitted, but for this section, to accumulate for use in succeeding years shall not be included in any lump-sum payment for leave to an individual, including any lump-sum payment under section 5551 or 5552 of title 5, United States Code.

“(c)

Definitions.—

In this section—

“(1)

the term ‘agency’ means each agency, office, or other establishment in the executive branch of the Federal Government; and

“(2)

the term ‘Executive branch employee’—

“(A)

means—

“(i)

an employee of an agency;

“(ii)

an employee appointed under chapter 74 of title 38, United States Code, notwithstanding section 7421(a), section 7425(b), or any other provision of chapter 74 of such title; and

“(iii)

any other individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code) in the executive branch of the Federal Government; and

“(B)

does not include any individual occupying a position that is classified at or above the level of a Senior Executive Service position or the equivalent thereof.”

Restoration of Annual Leave for Certain Department of Defense Employees

Pub. L. 108–136, div. A, title XI, § 1114, , 117 Stat. 1635, provided that:

“(a)

Restoration of Annual Leave.—

During the period , through , all employees transferring from a closing or realigning Department of Defense installation or activity as defined under section 6304(d)(3) of title 5, United States Code, to another Department of Defense installation or activity—

“(1)

may be deemed eligible by the Secretary of Defense for automatic restoration of forfeited annual leave under section 6304(d)(3) of title 5, United States Code, during the year of transfer; and

“(2)

may be deemed by the Secretary of Defense to have used all forfeited annual leave properly restored under section 6304(d)(3) of title 5, United States Code, within the appropriate time limits, only if such restored annual leave was used by the employee or paid to the employee in the form of a lump sum payment under section 5551(a) of title 5, United States Code, by the last day of the 2001 leave year.

“(b)

Payment of Restored Annual Leave.—

(1)

On or after , all employees transferring from a closing or realigning Department of Defense installation or activity as defined under section 6304(d)(3)(A) of title 5, United States Code, to another Department of Defense installation or activity who, upon transfer, were entitled to payment of a lump sum payment under section 5551(c) of title 5, United States Code, for forfeited annual leave properly restored under section 6304(d)(3) of title 5, United States Code—

“(A)

may be paid only for any such restored annual leave currently remaining to their credit at the hourly rate payable on the date of transfer with appropriate back pay interest; and

“(B)

shall be deemed paid for all such restored annual leave to which that employee was entitled to payment upon transfer, but subsequently used or was otherwise paid for upon separation.

“(2)

This subsection shall take effect on the date of the enactment of this Act [].”

Use of Excess Leave

Pub. L. 103–356, title II, § 201(b), , 108 Stat. 3411, provided that: “Notwithstanding the amendment made by subsection (a) [amending this section], in the case of an employee who, on the effective date of subsection (a) [see Effective Date of 1994 Amendments note above], is subject to subsection (f) of section 6304 of title 5, United States Code, and who has to such employee’s credit annual leave in excess of the maximum accumulation otherwise permitted by subsection (a) or (b) of section 6304 (determined applying the amendment made by subsection (a)), such excess annual leave shall remain to the credit of the employee and be subject to reduction, in the same manner as provided in subsection (c) of section 6304.”

Lump-Sum Payment for Accrued Annual Leave to Former Employees

Pub. L. 93–181, § 5, , 87 Stat. 706, provided that where former employees (other than former employees of Post Office Department or United States Postal Service) had accrued annual leave after , but had not been on the rolls on , and where annual leave thus accrued had been lost because of administrative error, such accrued annual leave was subject to credit and liquidation by lump-sum payment but only if a claim therefor was filed within three years after , with agency by which the employees had been employed when lump-sum payment provision of section 5551 of this title had last become applicable to them.

Pub. L. 93–181, § 6, , 87 Stat. 706, provided that where former employees of Post Office Department or United States Postal Service with prior civilian service with Post Office Department or other Federal agency had accrued annual leave after , and before , but had not on the rolls on , and where annual leave thus accrued had been lost because of administrative error, such accrued annual leave was subject to credit and liquidation by lump-sum payment, but only if a claim therefor was filed within three years after , with Postal Service, at salary rate in effect on date these employees had been employed when lump-sum payment provision of section 5551 of this title or comparable provisions of regulations of Postal Service had last become applicable to them. With respect to present employees of Postal Service who had prior Federal civilian service with Post Office Department or other Federal agency, annual leave which had accrued after , and before , but, because of administrative error had been lost, was subject to credit and liquidation by lump-sum payment only if a claim therefor was filed within three years of , with Postal Service, at salary rate in effect on .

Credits

1966–2010 · 16 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 519
  2. 1973Pub. L. 93–181, § 3, , 87 Stat. 705
  3. 1978Pub. L. 95–454, title IV, § 410, title IX, § 906(a)(2), (3), , 92 Stat. 1173, 1224
  4. 1979Pub. L. 96–54, § 2(a)(39), , 93 Stat. 383
  5. 1980Pub. L. 96–465, title II, § 2312(b), , 94 Stat. 2166
  6. 1981Pub. L. 97–89, title VIII, § 802, , 95 Stat. 1161
  7. 1988Pub. L. 100–325, § 2(k), , 102 Stat. 582
  8. 1992Pub. L. 102–378, § 2(53), , 106 Stat. 1354
  9. 1992Pub. L. 102–484, div. D, title XLIV, § 4434, , 106 Stat. 2722
  10. 1994Pub. L. 103–337, div. A, title III, § 341(c), div. B, title XXVIII, § 2816(a), , 108 Stat. 2720, 3056
  11. 1994Pub. L. 103–356, title II, § 201(a), , 108 Stat. 3411
  12. 1998Pub. L. 105–261, div. A, title XI, § 1105, , 112 Stat. 2142
  13. 1999Pub. L. 106–65, div. A, title XI, § 1103(a), , 113 Stat. 776
  14. 2008Pub. L. 110–181, div. A, title XI, § 1112, , 122 Stat. 360
  15. 2009Pub. L. 111–68, div. A, title I, § 1404(1)–(3), , 123 Stat. 2038
  16. 2010Pub. L. 111–282, § 2(b), , 124 Stat. 3038.
Show as published

(Pub. L. 89–554, , 80 Stat. 519; Pub. L. 93–181, § 3, , 87 Stat. 705; Pub. L. 95–454, title IV, § 410, title IX, § 906(a)(2), (3), , 92 Stat. 1173, 1224; Pub. L. 96–54, § 2(a)(39), , 93 Stat. 383; Pub. L. 96–465, title II, § 2312(b), , 94 Stat. 2166; Pub. L. 97–89, title VIII, § 802, , 95 Stat. 1161; Pub. L. 100–325, § 2(k), , 102 Stat. 582; Pub. L. 102–378, § 2(53), , 106 Stat. 1354; Pub. L. 102–484, div. D, title XLIV, § 4434, , 106 Stat. 2722; Pub. L. 103–337, div. A, title III, § 341(c), div. B, title XXVIII, § 2816(a), , 108 Stat. 2720, 3056; Pub. L. 103–356, title II, § 201(a), , 108 Stat. 3411; Pub. L. 105–261, div. A, title XI, § 1105, , 112 Stat. 2142; Pub. L. 106–65, div. A, title XI, § 1103(a), , 113 Stat. 776; Pub. L. 110–181, div. A, title XI, § 1112, , 122 Stat. 360; Pub. L. 111–68, div. A, title I, § 1404(1)–(3), , 123 Stat. 2038; Pub. L. 111–282, § 2(b), , 124 Stat. 3038.)

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