§ 6307. Sick leave; accrual and accumulation

Statutory text

An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period, except that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of two-fifths of a day for each full biweekly pay period.

Sick leave provided by this section, which is not used by an employee, accumulates for use in succeeding years.

Sick leave provided by this section may be used for purposes relating to the adoption of a child.

When required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, or for purposes relating to the adoption of a child, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia.

(1) 1 For the purpose of this subsection, the term “family member” shall have such meaning as the Office of Personnel Management shall by regulation prescribe, except that such term shall include any individual who meets the definition given that term, for purposes of the leave transfer program under subchapter III, under regulations prescribed by the Office (as in effect on January 1, 1993).

Subject to paragraph (3) and in addition to any other allowable purpose, sick leave may be used by an employee—

to give care or otherwise attend to a family member having an illness, injury, or other condition which, if an employee had such condition, would justify the use of sick leave by such an employee; or

for purposes relating to the death of a family member, including to make arrangements for or attend the funeral of such family member.

Sick leave may be used by an employee for the purposes provided under paragraph (2) only to the extent the amount used for such purposes does not exceed—

40 hours in any year, plus

up to an additional 64 hours in any year, but only to the extent the use of such additional hours does not cause the amount of sick leave to the employee’s credit to fall below 80 hours.

In the case of a part-time employee or an employee on an uncommon tour of duty, the Office of Personnel Management shall establish limitations that are proportional to those prescribed under subparagraph (A).

This subsection shall be effective during the 3-year period that begins upon the expiration of the 2-month period that begins on the date of the enactment of this subsection.

Not later than 6 months before the date on which this subsection is scheduled to cease to be effective, the Office shall submit a report to Congress in which it shall evaluate the operation of this subsection and make recommendations as to whether or not this subsection should be continued beyond such date.

Footnotes

1 So in original. Probably should be “(e)(1)”.

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. § 6307
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
1994
Pub. L. 103–329 § 629(b)(1)(B) · 108 Stat. 2382
Redesignated · 5 U.S.C. § 6307(c)
Pub. L. 103–329, § 629(b)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–329, § 629(b)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d).
1994
Pub. L. 103–329 § 629(b)(1)(A) · 108 Stat. 2382
1. Redesignated · 5 U.S.C. § 6307(d)
  Pub. L. 103–329, § 629(b)(1)(A), (C), redesignated subsec. (c) as (d)
2. Inserted · 5 U.S.C. § 6307(d)
  Pub. L. 103–329, § 629(b)(1)(A), (C), inserted “or for purposes relating to the adoption of a child,” after “ailment,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–329, § 629(b)(1)(A), (C), redesignated subsec. (c) as (d) and inserted “or for purposes relating to the adoption of a child,” after “ailment,”.
1994
Federal Employees Family Friendly Leave Act
Pub. L. 103–388 § 2 · 108 Stat. 4079
Added · 5 U.S.C. § 6307(d)
Pub. L. 103–388 added subsec. (d) relating to use of sick leave for purposes relating to family member
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–388 added subsec. (d) relating to use of sick leave for purposes relating to family member.
Enacted provision · exact public law section
SEC. 2. USE OF SICK LEAVE FOR PURPOSES RELATING TO A FAMILY MEMBER. Section 6307 of title 5, United States Code, is amended by adding at the end the following: “(d) (1) For the purpose of this subsection, the term ‘family member’ shall have such meaning as the Office of Personnel Management shall by regulation prescribe, except that such term shall include any individual who meets the definition given that term, for purposes of the leave transfer program under subchapter III, under regulations prescribed by the Office (as in effect on January 1, 1993). “(2) Subject to paragraph (3) and in addition to any other allowable purpose, sick leave may be used by an employee— “(A) to give care or otherwise attend to a family member having an illness, injury, or other condition which, if an employee had such condition, would justify the use of sick leave by such an employee; or “(B) for purposes relating to the death of a family member, including to make arrangements for or attend the funeral of such family member. “(3) (A) Sick leave may be used by an employee for the purposes provided under paragraph (2) only to the extent the amount used for such purposes does not exceed— “(i) 40 hours in any year, plus “(ii) up to an additional 64 hours in any year, but only to the extent the use of such additional hours does not cause the amount of sick leave to the employee’s credit to fall below 80 hours. “(B) In the case of a part-time employee or an employee on an uncommon tour of duty, the Office of Personnel Management shall establish limitations that are proportional to those prescribed under subparagraph (A). “(4) (A) This subsection shall be effective during the 3-year period that begins upon the expiration of the 2-month period that begins on the date of the enactment of this subsection. “(B) Not later than 6 months before the date on which this subsection is scheduled to cease to be effective, the Office shall submit a report to Congress in which it shall evaluate the operation of this subsection and make recommendations as to whether or not this subsection should be continued beyond such date”.

1 of 5 references resolved to an enrolled provision · 4 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes at Large
	5 U.S.C. 2063.	Oct. 30, 1951, ch. 631, § 204, 65 Stat. 681.Aug. 21, 1964, Pub. L. 88–471, § 6(b), (c), 78 Stat. 583.

The word “officer”, referring to an officer of the Firefighting Division, is omitted as covered by the words “a member of the Firefighting Division”.

In subsection (c), the words “with pay” are added for clarity.

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

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d)(4)(A), is the date of enactment of Pub. L. 103–388, which was approved Oct. 22, 1994.

Amendments

1994—Subsec. (c). Pub. L. 103–329, § 629(b)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 103–388 added subsec. (d) relating to use of sick leave for purposes relating to family member.

Pub. L. 103–329, § 629(b)(1)(A), (C), redesignated subsec. (c) as (d) and inserted “or for purposes relating to the adoption of a child,” after “ailment,”.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 103–329, title VI, § 629(b)(3), Sept. 30, 1994, 108 Stat. 2423, provided that:

“(3)
(A)
The Office of Personnel Management shall prescribe regulations under which any employee who used or uses annual leave for an adoption-related purpose, after September 30, 1991, and before the date as of which sick leave first becomes available for such purpose as a result of the enactment of this subsection may, upon appropriate written application, elect to have such employee’s leave accounts adjusted to reflect the amount of annual leave and sick leave, respectively, which would remain had sick leave been used instead of all or any portion of the annual leave actually used, as designated by the employee.
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“(B)
An application under this paragraph may not be approved unless it is submitted—
“(i)
within 1 year after the date of the enactment of this Act [September 30, 1994] or such later date as the Office may prescribe;
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“(ii)
in such form and manner as the Office shall require; and
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“(iii)
by an individual who is an employee as of the time of application.
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#
“(C)
For the purpose of this paragraph, the term ‘employee’ has the meaning given such term by section 6301(2) of title 5, United States Code.”
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Adoptions During Fiscal Year 1991

Pub. L. 101–509, title V, § 536, Nov. 5, 1990, 104 Stat. 1470, for fiscal year 1991, authorized sick leave provided by section 6307 of this title to be approved for purposes related to the adoption of a child.

Credits

1966–1994 · 3 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520
1994Pub. L. 103–329, title VI, § 629(b)(1), Sept. 30, 1994, 108 Stat. 2423
1994Pub. L. 103–388, § 2, Oct. 22, 1994, 108 Stat. 4079.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 103–329, title VI, § 629(b)(1), Sept. 30, 1994, 108 Stat. 2423; Pub. L. 103–388, § 2, Oct. 22, 1994, 108 Stat. 4079.)