§ 6361. Definitions

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. 1988

   Federal Employees Leave Sharing Act of 1988

   Pub. L. 100–566 § 2(a) · 102 Stat. 2834

   Enacted · 5 U.S.C. § 6361

   Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839

   Source evidence

   Code source credit
   Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839

   Enacted provision · exact public law section
   (a) In General.— Chapter 63 of title 5, United States Code, is amended by adding at the end thereof the following new subchapters: “SUBCHAPTER III— VOLUNTARY TRANSFERS OF LEAVE “§ 6331. Definitions “For the purpose of this subchapter— “(1) the term ‘employee’ means an employee as defined by section 6301(2), excluding an individual employed by the government of the District of Columbia; “(2) the term ‘leave recipient’ means an employee whose application to receive donations of leave under this subchapter is approved; “(3) the term ‘leave donor’ means an employee whose application to make 1 or more donations of leave under this subchapter is approved; and “(4) ‘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. “§ 6332. General authority “Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which annual leave accrued or accumulated by an employee may be transferred to the annual leave account of any other employee if such other employee requires additional leave because of a medical emergency. “§ 6333. Receipt and use of transferred leave “(a) (1) An application to receive donations of leave under this subchapter, whether submitted by or on behalf of an employee— “(A) shall be submitted to the employing agency of the proposed leave recipient; and “(B) shall include— “(i) the name, position title, and grade or pay level of the proposed leave recipient; “(ii) the reasons why transferred leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate frequency of the medical emergency involved; “(iii) if the employing agency so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under clause (ii); and “(iv) any other information which the employing agency may reasonably require. “(2) If an agency requires that an employee obtain certification under paragraph (1)(B)(iii) from 2 or more sources, the agency shall ensure, either by direct payment to the expert involved or by reimbursement, that the employee is not required to pay for the expenses associated with obtaining certification from more than 1 of such sources. “(3) An employing agency shall approve or disapprove an application of a proposed leave recipient for leave under this subchapter, and, to the extent practicable, shall notify the proposed leave recipient (or other person acting on behalf of the proposed recipient, if appropriate) of the decision of the agency, in writing, within 10 days (excluding Saturdays, Sundays, and legal public holidays) after receiving such application. “(b) A leave recipient may use annual leave received under this subchapter in the same manner and for the same purposes as if such leave recipient had accrued that leave under section 6303, except that any annual leave, and any sick leave, accrued or accumulated by the leave recipient and available for the purpose involved must be exhausted before any transferred annual leave may be used. “(c) Transferred annual leave— “(1) may accumulate without regard to any limitation under section 6304; and “(2) may be substituted retroactively for any period of leave without pay, or used to liquidate an indebtedness for any period of advanced leave, which began on or after a date fixed by the employing agency of the employee as the beginning of the medical emergency involved. “§ 6334. Donations of leave “(a) An employee may, by written application to the employing agency of such employee, request that a specified number of hours be transferred from the annual leave account of such employee to the annual leave account of a leave recipient in accordance with section 6332. “(b) (1) In any one leave year, a leave donor may donate no more than a total of one-half of the amount of annual leave such donor would be entitled to accrue during the leave year in which the donation is made. “(2) A leave donor who is projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year under section 6304(a) may donate no more than the number of hours remaining in the leave year (as of the date of the transfer) for which the leave donor is scheduled to work and receive pay. “(3) The employing agency of a leave donor may waive the limitation under paragraphs (1) and (2). Any such waiver shall be made in writing. “(c) The Office of Personnel Management shall prescribe regulations to include procedures to carry out this subchapter when the leave donor and the leave recipient are employed by different agencies. “§ 6335. Termination of medical emergency “(a) The medical emergency affecting a leave recipient shall, for purposes of this subchapter, be considered to have terminated on the date as of which— “(1) the leave recipient notifies the employing agency of such leave recipient, in writing, that the medical emergency no longer exists; “(2) the employing agency of such leave recipient determines, after written notice and opportunity for the leave recipient (or, if appropriate, another person acting on behalf of the leave recipient) to answer orally or in writing, that the medical emergency no longer exists; or “(3) the leave recipient is separated from service. “(b) (1) The employing agency of a leave recipient shall, consistent with guidelines prescribed by the Office of Personnel Management, establish procedures to ensure that a leave recipient is not permitted to use or receive any transferred leave under this subchapter after the medical emergency terminates. “(2) Nothing in section 5551, 5552, or 6306 shall apply with respect to any annual leave transferred to a leave recipient under this subchapter. “§ 6336. Restoration of transferred leave “(a) (1) The Office of Personnel Management shall establish procedures under which, except as provided in paragraph (2), any transferred leave remaining to the credit of a leave recipient when the medical emergency affecting the leave recipient terminates shall be restored on a prorated basis by transfer to the appropriate accounts of the respective leave donors. “(2) Nothing in paragraph (1) shall require the restoration of leave to a leave donor— “(A) if the amount of leave which would be restored to such donor would be less than 1 hour or any other shorter period of time which the Office may by regulation prescribe; “(B) if such donor retires, dies, or is otherwise separated from service, before the date on which such restoration would other-wise be made; or “(C) if such restoration is not administratively feasible, as determined under regulations prescribed by the Office. “(b) At the election of the leave donor, transferred annual leave restored to such leave donor under subsection (a) may be restored by— “(1) crediting such leave to the leave donor s annual leave account in the then current leave year; “(2) crediting such leave to the leave donor’s annual leave account, effective as of the first day of the first leave year beginning after the date of the election; or “(3) donating such leave in whole or part to another leave recipient; if a leave donor elects to donate only part of restored leave to another recipient, the donor may elect to have the remaining leave credited to the donor’s annual leave account in accordance with paragraph (1) or (2). “(c) The Office shall prescribe regulations under which this section Regulations. shall be applied in the case of an employee who is paid other than on the basis of biweekly pay periods. “(d) Restorations of leave under this section shall be carried out in a manner consistent with regulations prescribed to carry out section 6334(c), if applicable. “§ 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 ac-count, 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, 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. “§ 6338. Prohibition of coercion “(a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving, or using annual leave under this subchapter. “(b) For the purpose of subsection (a), the term ‘intimidate, threaten, or coerce’ includes promising to confer or conferring any benefit (such as an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). “§ 6339. Additional leave transfer programs “(a) For the purpose of this section— “(1) the term ‘excepted agency’ means— “(A) the Central Intelligence Agency; “(B) the Defense Intelligence Agency; “(C) the National Security Agency; “(D) the Federal Bureau of Investigation; and “(E) as determined by the President, any Executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities; and “(2) the term ‘head of an excepted agency’ means— “(A) with respect to the Central Intelligence Agency, the Director of Central Intelligence; “(B) with respect to the Defense Intelligence Agency, the Director of the Defense Intelligence Agency ; “(C) with respect to the National Security Agency, the Director of the National Security Agency; “(D) with respect to the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation; and “(E) with respect to an Executive agency designated under paragraph (1)(E), the head of such Executive agency, and with respect to a unit of an Executive agency designated under paragraph (1)(E), such individual as the President may determine. “(b) Notwithstanding any other provision of this subchapter, neither an excepted agency nor any individual employed in or under an excepted agency may be included in a leave transfer program established under any of the preceding provisions of this subchapter. “(c) (1) The head of an excepted agency shall, by regulation, establish a program under which annual leave accrued or accumulated by an employee of such agency may be transferred to the annual leave account of any other employee of such agency if such other employee requires additional leave because of a medical emergency. “(2) To the extent practicable, and consistent with the protection of intelligence sources and methods (if applicable), each program under this section shall be established— “(A) in a manner consistent with the provisions of this subchapter applicable to the program; and “(B) without regard to any provisions relating to transfers or restorations of leave between employees in different agencies. “(d) The Office of Personnel Management shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section. “§ 6340. Inapplicability of certain provisions “Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in section 7351 shall apply with respect to a solicitation, donation, or acceptance of leave under this subchapter. “SUBCHAPTER IV— VOLUNTARY LEAVE BANK PROGRAM “§ 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. “§ 6362. General authority “(a) Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which— “(1) annual leave accrued or accumulated by an employee may be contributed to a leave bank established by the employing agency of such employee; and “(2) leave from such a leave bank may be made available to an employee who requires such leave because of a medical emergency. “(b) To test voluntary leave bank programs under the provisions of this subchapter, the Office of Personnel Management shall establish a demonstration project in at least 3 Executive agencies, of which— “(1) one such agency shall include approximately, but not less than, the equivalent of 100,000 full-time positions; “(2) one such agency shall include approximately, but not less than, the equivalent of 25,000 full-time positions; and “(3) one such agency shall include approximately, but not less than, the equivalent of 1,000 full-time positions. “§ 6363. Establishment of leave banks “Each agency that establishes a leave bank program under section 6362 shall establish 1 or more leave banks in accordance with regulations prescribed by the Office of Personnel Management. “§ 6364. Establishment of Leave Bank Boards “(a) (1) Each agency that establishes a leave bank shall establish a Leave Bank Board consisting of 3 members, at least one of whom shall represent a labor organization or employee group, to administer the leave bank under the provisions of this subchapter, in consultation with the Office of Personnel Management. “(2) An agency may establish more than 1 Leave Bank Board based upon the administrative units within the agency. No more than 1 board may be established for each leave bank. “(b) Each such Board shall— “(1) review and approve applications to the leave bank under section 6367; “(2) monitor each case of a leave recipient; “(3) monitor the amount of leave in the leave bank and the number of applications for use of leave from the bank; and “(4) maintain an adequate amount of leave in the leave bank to the greatest extent practicable. “§ 6365. Contributions of annual leave “(a) (1) An employee may, by written application to the Leave Bank Board, request that a specified number of hours be transferred from the annual leave account of such employee to the leave bank established by such agency. “(2) An employee may state a concern and desire to aid a specified proposed leave recipient or a leave recipient in the application filed under paragraph (1). “(b) (1) Upon approving an application under subsection (a), the employing agency of the leave contributor may transfer all or any part of the number of hours requested for transfer, except that the number of hours so transferred may not exceed the limitations under paragraph (2). “(2) (A) In any one leave year, a leave contributor may contribute no more than a total of one-half of the amount of annual leave such contributor would be entitled to accrue during the leave year in which the contribution is made. “(B) A leave contributor who is projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year under section 6304(a) may contribute no more than the number of hours remaining in the leave year (as of the date of the contribution) for which the leave contributor is scheduled to work and receive pay. “(c) The Leave Bank Board of a leave contributor may waive the limitations under subsection (b)(2). Any such waiver shall be in writing. “(d) The Office of Personnel Management shall prescribe regulations establishing an open enrollment period during which an employee may contribute leave under subsection (a) for a leave year. “§ 6366. Eligibility for leave recipients “(a) An employee is eligible to be a leave recipient if such employee— “(1) experiences a medical emergency and submits an application pursuant to section 6367(a); and “(2) (A) contributes the minimum number of hours as required under subsection (b) of accrued or accumulated annual leave to the leave bank of the employing agency of such employee, in the leave year (beginning in and including any part of a leave year in which such leave bank is established) that such employee submits an application to be a leave recipient under section 6367(a); and “(B) such contribution is made before such employee submits an application under section 6367(a). “(b) (1) An employee shall contribute the minimum number of hours required under subsection (a)(2)(A), if such employee is an employee— “(A) for less than 3 years of service and contributes a minimum of 4 hours; “(B) for between 3 years and less than 15 years of service and contributes a minimum of 6 hours; or “(C) for 15 years or more of service and contributes a minimum of 8 hours. “(2) Notwithstanding the provisions of paragraph (1), the Leave Bank Board of an agency, after consultation with the Office of Personnel Management, may— “(A) reduce the minimum number of hours required under paragraph (1) for any leave year, if such Board determines there is a surplus of leave in the leave bank; and “(B) increase the number of minimum hours required under paragraph (1) for the succeeding leave year, in any leave year in which the Board determines there is a shortage of leave in the leave bank. “(c) An employee shall meet the requirements of subsection (a)(2)(A) if such employee contributes the minimum number of hours as required under subsection (b) of accrued or accumulated annual leave to the leave bank with which such employee submits an application to be a leave recipient under section 6367(a). “(d) The provisions of subsection (a) may not be construed to limit the amount of the voluntary contribution of annual leave to a leave bank, which does not exceed the limitations of section 6365(b). “§ 6367. Receipt and use of leave from a leave bank “(a) An application to receive contributions of leave from a leave bank, whether submitted by or on behalf of an employee— “(1) shall be submitted to the Leave Bank Board of the employing agency of the proposed leave recipient; and “(2) shall include— “(A) the name, position title, and grade or pay level of the proposed leave recipient; “(B) the reasons why leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate frequency of the medical emergency involved; “(C) if such Board so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under subparagraph (B); and “(D) any other information which such Board may reasonably require. If a Board requires that an employee obtain certification under paragraph (2)(C) from 2 or more sources, the agency shall ensure, either by direct payment to the expert involved or by reimbursement, that the employee is not required to pay for the expenses associated with obtaining certification from more than 1 of such sources. “(b) The Leave Bank Board of an employing agency may approve an application submitted under subsection (a). “(c) A leave recipient may use annual leave received from the leave bank established by the employing agency of such employee under this subchapter in the same manner and for the same purposes as if such leave recipient had accrued such leave under section 6303, except that any annual leave and, if applicable, any sick leave accrued or accumulated to the leave recipient shall be used before any leave from the leave bank may be used. “(d) Transferred annual leave— “(1) may accumulate without regard to any limitation under section 6304; and . “(2) may be substituted retroactively for any period of leave without pay, or used to liquidate an indebtedness for any period of advanced leave, which began on or after a date fixed by the employing agency of the employee as the beginning of the medical emergency involved. “(e) Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in the provisions of section 7351 shall apply to any solicitation, contribution, or use of leave to or from a leave bank under this subchapter. “§ 6368. Termination of medical emergency “(a) The medical emergency affecting a leave recipient shall, for purposes of this subchapter, be considered to have terminated on the date as of which— “(1) the leave recipient notifies the Leave Bank Board in writing, that the medical emergency no longer exists; “(2) the Leave Bank Board of such leave recipient determines, after written notice and opportunity for the leave recipient (or, if appropriate, another person acting on behalf of the leave recipient) to answer orally or in writing, that the medical emergency no longer exists; or “(3) the leave recipient is separated from service. “(b) (1) The Leave Bank Board of a recipient shall, consistent with guidelines prescribed by the Office of Personnel Management, establish procedures to ensure that a leave recipient is not permitted to use or receive any transferred leave under this subchapter after the medical emergency terminates. “(2) Nothing in section 5551, 5552, or 6306 shall apply with respect to any annual leave transferred to a leave recipient under this subchapter. “§ 6369. Restoration of transferred leave “The Office of Personnel Management shall establish procedures under which any transferred leave remaining to the credit of a leave recipient when the medical emergency affecting the leave recipient terminates, shall be restored to the leave bank. “§ 6370. Prohibition of coercion “(a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving, or using annual leave under this subchapter. “(b) For the purpose of subsection (a), the term ‘intimidate, threaten, or coerce’ includes promising to confer or conferring any benefit (such as an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). “§ 6371. Accrual of leave “While using leave made available to an employee from a leave bank, annual and sick leave shall accrue to the credit of such employee and shall become available for use by such employee in the same manner as provided for under section 6337. “§ 6372. Additional leave bank programs “(a) For the purpose of this section— “(1) the term ‘excepted agency’ has the same meaning as such term is defined under section 6339(a)(1) of this title; and “(2) the term ‘head of an excepted agency’ has the same meaning as such term is defined under section 6339(a)(2) of this title. “(b) Notwithstanding any other provision of this subchapter, neither an excepted agency nor any individual employed in or under an excepted agency may be included in a leave bank program established under any of the preceding provisions of this subchapter. “(c) (1) The head of an excepted agency may, by regulation, establish a voluntary leave bank program under which annual leave accrued or accumulated by an employee of such agency may be contributed to a leave bank, and any other employee of such agency may receive additional leave from such leave bank because of a medical emergency. “(2) To the extent practicable, and consistent with the protection of intelligence sources and methods (if applicable), each program under this section shall be established in a manner consistent with the provisions of this subchapter applicable to the program. “(d) The Office of Personnel Management shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section. “§ 6373. Limitation on employee participation “An employee in a unit of an agency that establishes a leave bank program under the provisions of this subchapter may not participate in a leave transfer program under the provisions of subchapter III.”.

2. 1993

   Pub. L. 103–103 § 3(a) · 107 Stat. 1022

   Inserted · 5 U.S.C. § 6361(6)

   Pub. L. 103–103 inserted before period at end “(disregarding any advanced leave)”

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 103–103 inserted before period at end “(disregarding any advanced leave)”.

   Enacted provision · exact public law section
   (a) In General.— Sections 6331(4) and 6361(6) of title 5, United States Code, are each amended by striking “leave.” and inserting “leave (disregarding any advanced leave),”.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision