Title 5 — Government Organization and Employees

Part III · Chapter 63 — Leave

§ 6305. Home leave; leave for Chiefs of Missions; leave for crews of vessels

Statutory text

After 24 months of continuous service outside the United States (or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Government), an employee may be granted leave of absence, under regulations of the President, at a rate not to exceed 1 week for each 4 months of that service without regard to other leave provided by this subchapter. Leave so granted—

is for use in the United States, or if the employee’s place of residence is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico;

accumulates for future use without regard to the limitation in section 6304(b) of this title; and

may not be made the basis for terminal leave or for a lump-sum payment.

The President may authorize leave of absence to a chief of mission excepted from this subchapter by section 6301(2)(xii) of this title for use in the United States and its territories or possessions. Leave so authorized does not constitute a leave system and may not be made the basis for a lump-sum payment.

An officer, crewmember, or other employee serving aboard an oceangoing vessel on an extended voyage may be granted leave of absence, under regulations of the Office of Personnel Management, at a rate not to exceed 2 days for each 30 calendar days of that service without regard to other leave provided by this subchapter. Leave so granted—

accumulates for future use without regard to the limitation in section 6304(b) of this title;

may not be made the basis for a lump-sum payment, except that civil service mariners of the Military Sealift Command on temporary promotion aboard ship may be paid the difference between their temporary and permanent rates of pay for leave accrued under this section and section 6303 and not otherwise used during the temporary promotion upon the expiration or termination of the temporary promotion; and

may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Office.

With respect to an officer, crewmember, or other employee of the Department of Defense serving aboard an oceangoing vessel on an extended voyage, the first sentence in the matter preceding paragraph (1) of subsection (c) of this section shall be applied by substituting “7 calendar days” for “30 calendar days”.

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.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 6305
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520
1966
Pub. L. 89–747 § 1(1) · 80 Stat. 1179
1. Added · 5 U.S.C. § 6305
  Pub. L. 89–747 added subsec. (c)
2. Inserted · 5 U.S.C. § 6305
  Pub. L. 89–747 inserted reference to leave for crews of vessels in section catchline
Source evidence
Code amendment note
Pub. L. 89–747 added subsec. (c) and inserted reference to leave for crews of vessels in section catchline.
Enacted provision · exact public law section
(1) Section 6305 is amended by inserting the following new subsection Ante, p. 520. at the end thereof: “(c) An officer, crewmember, or other employee serving aboard an oceangoing vessel on an extended voyage may be granted leave of absence, under regulations of the Civil Service Commission, at a rate not to exceed two days for each thirty calendar days of that service without regard to other leave provided by this subchapter. Leave so granted— “(1) accumulates for future use without regard to the limitation in section 6304(b) of this title; “(2) may not be made the basis for a lump-sum payment; and “(3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Commission.”
1968
Pub. L. 90–623 § 1(16) · 82 Stat. 1312
Substituted · 5 U.S.C. § 6305(c)
Pub. L. 90–623 substituted “2” and “30” for “two” and “thirty”, respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–623 substituted “2” and “30” for “two” and “thirty”, respectively.
Enacted provision · exact public law section
(1) In section 559 insert “of this title” immediately after the figure ”7521” wherever it appears;
1978
Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 6305(c)
Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
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”;
1979
Pub. L. 96–54 § 2(a)(15) · 93 Stat. 381
Substituted · 5 U.S.C. § 6305(c)(3)
Pub. L. 96–54 substituted “Office” for “Commission”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 96–54 substituted “Office” for “Commission”.
Enacted provision · exact public law section
(15) Sections 3305(b), 3315(b), 3317(b), 4102(b), 5347(e), 5550a(b), 6305, and 7327(b) are each amended by striking out “Commission” each place it appears and inserting in lieu thereof “Office”.
1980
Pub. L. 96–465 § 2312(c) · 94 Stat. 2071
Inserted · 5 U.S.C. § 6305(a)
Pub. L. 96–465, § 2312(c), inserted “(or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Government)” after “outside the United States”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–465, § 2312(c), inserted “(or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Government)” after “outside the United States”.
Enacted provision · exact public law section
(c) Section 6305(a) of title 5, United States Code, is amended by inserting immediately after “States” in the first sentence “(or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Government)”.
Effective date note
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, 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.
1980
Pub. L. 96–465 § 2314(f)(2) · 94 Stat. 2071
Substituted · 5 U.S.C. § 6305(b)
Pub. L. 96–465, § 2314(f)(2), substituted “a chief of mission” for “an officer” after “leave of absence to”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–465, § 2314(f)(2), substituted “a chief of mission” for “an officer” after “leave of absence to”.
Enacted provision · exact public law section
(2) Section 6305(b) of title 5, United States Code, is amended by striking out “an officer” and inserting in lieu thereof “a chief of mission”.
Effective date note
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, 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.
2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Amended · 5 U.S.C. § 6305(c)(2)
Pub. L. 106–398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “may not be made the basis for a lump-sum payment; and”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 106–398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “may not be made the basis for a lump-sum payment; and”.
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title XI § 1110 · 137 Stat. 136
Added · 5 U.S.C. § 6305(d)
Pub. L. 118–31 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–31 added subsec. (d).
Enacted provision · exact public law section
SEC. 1110. MODIFICATION TO SHORE LEAVE ACCRUAL FOR CREWS OF VESSELS TO SUPPORT CREW ROTATIONS AND IMPROVE RETENTION OF CIVILIAN MARINERS. Section 6305 of title 5, United States Code, is amended by adding at the end the following: “(d) With respect to an officer, crewmember, or other employee of the Department of Defense serving aboard an oceangoing vessel on an extended voyage, the first sentence in the matter preceding paragraph (1) of subsection (c) of this section shall be applied by substituting ‘7 calendar days’ for ‘30 calendar days’.” .

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes at Large
(a)	5 U.S.C. 2062(f).	Oct. 30, 1951, ch. 631, § 203(f), 65 Stat. 680.
		Sept. 6, 1960, Pub. L. 86–707, § 401 “(f)”, 74 Stat. 799.
(b)	5 U.S.C. 2061(c)(2).	July 2, 1953, ch. 178, § 1 “(c)(2)”, 67 Stat. 136.

The words “in his discretion” are omitted as unnecessary in view of the permissive grant of authority.

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

Amendments1966–2023 · 7 rounds

2023

Subsec. (d). Pub. L. 118–31 added subsec. (d).

2000

Subsec. (c)(2). Pub. L. 106–398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “may not be made the basis for a lump-sum payment; and”.

1980

Subsec. (a). Pub. L. 96–465, § 2312(c), inserted “(or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Government)” after “outside the United States”.

Subsec. (b). Pub. L. 96–465, § 2314(f)(2), substituted “a chief of mission” for “an officer” after “leave of absence to”.

1979

Subsec. (c)(3). Pub. L. 96–54 substituted “Office” for “Commission”.

1978

Subsec. (c). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

1968

Subsec. (c). Pub. L. 90–623 substituted “2” and “30” for “two” and “thirty”, respectively.

1966

Pub. L. 89–747 added subsec. (c) and inserted reference to leave for crews of vessels in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, 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 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 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

Executive Documents

Delegation of Functions

Functions of President under subsec. (a) of this section delegated to Office of Personnel Management, see section 1(2) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The President.

Ex. Ord. No. 10471. Authorization To Grant Leaves of Absence

Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:

1. The heads of the several departments and agencies of the Government are hereby authorized and empowered, without the approval, ratification, or other action of the President, to exercise, with respect to personnel in their respective department or agency, the authority conferred upon the President by section 6305(b) of title 5 of the United States Code, to authorize leaves of absence in accordance with the said section 6305(b) to persons who receive compensation in accordance with section 401 of the Foreign Service Act of 1980 (22 U.S.C. 3961).

2. This order shall be effective as of July 5, 1953.

Credits

1966–2023 · 8 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520
1966Pub. L. 89–747, § 1(1), (2), Nov. 2, 1966, 80 Stat. 1179
1968Pub. L. 90–623, § 1(16), Oct. 22, 1968, 82 Stat. 1313
1978Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224
1979Pub. L. 96–54, § 2(a)(15), Aug. 14, 1979, 93 Stat. 382
1980Pub. L. 96–465, title II, §§ 2312(c), 2314(f)(2), Oct. 17, 1980, 94 Stat. 2167, 2168
2000Pub. L. 106–398, § 1 [[div. A], title XI, § 1133], Oct. 30, 2000, 114 Stat. 1654, 1654A–318
2023Pub. L. 118–31, div. A, title XI, § 1110, Dec. 22, 2023, 137 Stat. 428.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 89–747, § 1(1), (2), Nov. 2, 1966, 80 Stat. 1179; Pub. L. 90–623, § 1(16), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–465, title II, §§ 2312(c), 2314(f)(2), Oct. 17, 1980, 94 Stat. 2167, 2168; Pub. L. 106–398, § 1 [[div. A], title XI, § 1133], Oct. 30, 2000, 114 Stat. 1654, 1654A–318; Pub. L. 118–31, div. A, title XI, § 1110, Dec. 22, 2023, 137 Stat. 428.)