§6304. Annual leave; accumulation
(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 June 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 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
(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 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 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".
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 5 U.S.C. 2062(c). | Oct. 30, 1951, ch. 631, §203(c), |
| (b) | 5 U.S.C. 2602(d). | Oct. 30, 1951, ch. 631, §203(d), |
| Sept. 6, 1960,
|
||
| (c) | 5 U.S.C. 2066(a). | Oct. 30, 1951, ch. 631, §208(a), |
| July 2, 1953, ch. 178, §3(c), |
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
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.
Amendments
2010-Subsec. (f)(1)(F).
Subsec. (f)(1)(G).
Subsec. (f)(1)(H).
2009-Subsec. (f)(1)(H).
2008-Subsec. (f)(1).
1999-Subsec. (d)(4).
1998-Subsec. (d)(3)(A).
1994-Subsec. (d)(3).
Subsec. (f).
"(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).
Subsec. (e).
1988-Subsec. (f)(5).
1981-Subsec. (f).
Subsec. (g).
1980-Subsec. (a).
Subsec. (g).
1979-Subsec. (e).
1978-Subsec. (a).
Subsec. (d)(2).
Subsec. (f).
1973-Subsec. (a).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2009 Amendment
Effective Date of 1994 Amendments
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 410 of
Amendment by section 906(a)(2), (3) of
Temporary Increase in Limitation on Accumulation of Annual Leave for Executive Branch Employees
"(a)
"(b)
"(c)
"(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
"(a)
"(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)
"(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 [Nov. 24, 2003]."
Use of Excess Leave
Lump-Sum Payment for Accrued Annual Leave to Former Employees