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20 U.S.C. § 904 — Leave
Federal law — U.S. Code and appendices · legal_authorities
**(a) Entitlement; amount** Subject to the regulations prescribed and issued by the Secretary of Defense under [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section902&num=0&edition=prelim), each teacher (other than an individual employed as a substitute teacher) shall be entitled to cumulative leave, with pay, which shall accrue at the rate of one day for each calendar month, or part thereof, of a school year, except that if the school year includes more than eight months, any such teacher who shall have served for the entire school year shall be entitled to ten (or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen) days of cumulative leave with pay.
**(b) Saturdays, Sundays, holidays, and nonwork days** Saturdays, Sundays, regularly scheduled holidays, and other administratively authorized nonwork days shall not be considered to be days of leave for the purposes of subsection (a) of this section.
**(c) Purposes for taking leave** Subject to the regulations prescribed and issued by the Secretary of Defense, leave earned by any teacher under subsection (a) of this section may be used by such teacher—
(1) for maternity purposes,
(2) in the event of the illness of such teacher,
(3) in the event of illness, contagious disease, or death in the immediate family of such teacher, and
(4) in the event of any personal emergency.
If appropriate advance notice is given of the intended absence of a teacher, not to exceed three days of such leave may be granted for any purpose in each school year to such teacher.
**(d) Credit for persons holding teaching positions and for employees transferred, promoted or reappointed** Any individual—
(1) who is holding a positio
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Stable record: federal_law:legal_authorities:record_usc_a644a1d92017bf567f56c225
Source file: Laws/federal/codes/united-states-code/title-20/section-904-leave--494af2d8d7.md
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Source location: Title 20, Chapter 25, § 904; chapter-025-pay-and-personnel-program-for-overseas-teachers.md
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**(a) Entitlement; amount** Subject to the regulations prescribed and issued by the Secretary of Defense under [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section902&num=0&edition=prelim), each teacher (other than an individual employed as a substitute teacher) shall be entitled to cumulative leave, with pay, which shall accrue at the rate of one day for each calendar month, or part thereof, of a school year, except that if the school year includes more than eight months, any such teacher who shall have served for the entire school year shall be entitled to ten (or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen) days of cumulative leave with pay.
**(b) Saturdays, Sundays, holidays, and nonwork days** Saturdays, Sundays, regularly scheduled holidays, and other administratively authorized nonwork days shall not be considered to be days of leave for the purposes of subsection (a) of this section.
**(c) Purposes for taking leave** Subject to the regulations prescribed and issued by the Secretary of Defense, leave earned by any teacher under subsection (a) of this section may be used by such teacher—
(1) for maternity purposes,
(2) in the event of the illness of such teacher,
(3) in the event of illness, contagious disease, or death in the immediate family of such teacher, and
(4) in the event of any personal emergency.
If appropriate advance notice is given of the intended absence of a teacher, not to exceed three days of such leave may be granted for any purpose in each school year to such teacher.
**(d) Credit for persons holding teaching positions and for employees transferred, promoted or reappointed** Any individual—
(1) who is holding a position which is determined to be a teaching position, or
(2) who is an employee of the Federal Government or the municipal government of the District of Columbia who is transferred, promoted, or reappointed, without break in service, from a position under a different leave system to a teaching position,
shall be credited, for the purposes of the leave system provided by this section, with the annual and sick leave to his credit immediately prior to the effective date of such determination, transfer, promotion, or reappointment. Sick leave so credited shall be included in the leave provided for in subsection (a) of this section. Annual leave so credited shall not be included in the leave provided for in such subsection but shall be used under regulations which shall be prescribed by the Secretary of Defense.
**(e) Excess of maximum amount of accumulated leave; reduction** In any case in which the amount of sick leave, which is to the credit of any individual under a different leave system immediately prior to the date on which he becomes subject as a teacher to the leave system provided by this section and which is included in the leave provided for in subsection (a) of this section, is in excess of the maximum amount of accumulated leave allowable under subparagraph (2) of such subsection, such excess shall remain to the credit of such teacher until used, but the use during any leave year of an amount in excess of the aggregate amount which shall have accrued during such year shall reduce automatically the maximum allowable amount of accumulated leave at the beginning of the next leave year until such amount no longer exceeds the maximum amount allowable under subparagraph (2) of subsection (a) of this section.
**(f) Liquidation of unused leave upon separation** Any annual leave remaining, upon his separation from the service, to the credit of an individual within the purview of this section shall be liquidated in accordance with [section 5551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5551&num=0&edition=prelim), except that leave earned or included under subsection (a) of this section shall not be liquidated.
**(g) Transfer of leave credit for teachers transferred, promoted or reappointed to positions under different leave system** In the case of any teacher who is transferred, promoted, or reappointed, without break in service, to a position under a different leave system, the annual leave, and any other leave earned or credited under this section, which is to his credit immediately prior to such transfer, promotion, or reappointment, shall be transferred to his credit in the employing agency on an adjusted basis in accordance with regulations which shall be prescribed by the Director of the Office of Personnel Management.
**(h) Voluntary leave transfer and bank programs** The Director of Dependents’ Education, in consultation with the Director of the Office of Personnel Management—
(1) shall establish for teachers a voluntary leave transfer program similar to the one under subchapter III of chapter 63 of title 5; and
(2) may establish for teachers a voluntary leave bank program similar to the one under subchapter IV of chapter 63 of title 5.
Only leave described in the last sentence of subsection (c) of this section (relating to leave that may be used by a teacher for any purpose) may be transferred under any program established under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) or an individual employed by the government of the District of Columbia, who is separated from the service, is transferred to a position described under [section 6301(2)(B)(xiii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6301/2/B/xiii&num=0&edition=prelim), or elects to receive a lump-sum payment for leave under [section 5552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5552&num=0&edition=prelim), is entitled to receive a lump-sum payment for accumulated and current accrued annual or vacation leave to which he is entitled by statute. The lump-sum payment shall equal the pay (excluding any differential under section 5925 and any allowance under section 5928) the employee or individual would have received had he remained in the service until expiration of the period of the annual or vacation leave. The lump-sum payment is considered pay for taxation purposes only. The period of leave used for calculating the lump-sum payment shall not be extended due to any holiday occurring after separation. For the purposes of this subsection, movement to employment described in section 2105(c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308(b).
**(b)** The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301(2)(x)–(xiii) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with sub
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employment, compensation, etc., of teachers** Not later than the ninetieth day following July 17, 1959, the Secretary of Defense shall prescribe and issue regulations to carry out the purposes of this chapter. Such regulations shall govern—
(1) the establishment of teaching positions;
(2) the fixing of basic compensation for teachers and teaching positions at rates equal to the average of the range of rates of basic compensation for similar positions of a comparable level of duties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population;
(3) the entitlement of teachers to compensation;
(4) the payment of compensation to teachers;
(5) the appointment of teachers;
(6) the conditions of employment of teachers;
(7) the length of the school year or school years applicable to teaching positions;
(8) the leave system for teachers;
(9) quarters, allowances, and additional compensation for teachers; and
(10) such other matters as may be relevant and appropriate to the purposes of this chapter.
**(b) Effective date of regulations** The regulations prescribed and issued by the Secretary of Defense under subsection (a) of this section shall become effective on such date as the Secretary of Defense shall prescribe but not later than the ninetieth day following the date of issuance of such regulations.
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
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Federal law — U.S. Code and appendices · legal_authorities
Page 131
TITLE 20—EDUCATION
§ 904
1980—Subsec. (e). Pub. L. 96–470 struck out subsec. (e)
which required the Secretary of Defense, on or before
the 15th day of January in each calendar year begin-
ning after Apr. 14, 1966, to report to the respective Com-
mittees on Post Office and Civil Service of the Senate
and House of Representatives information on teachers
separated from teaching positions subsequent to the
close of the immediately preceding full school year and
the number of new teachers appointed to teaching posi-
tions at the beginning of the school year current at
time of the report, including the number of such new
teachers obtained through voluntary reciprocal inter-
change agreements with school jurisdictions in the
United States.
1966—Subsec. (c). Pub. L. 89–391, § 1(b), substituted
provisions for fixing the basic compensation for teach-
ers and teaching positions at rates equal to the average
of the range of rates of basic compensation for similar
positions of a comparable level of duties and respon-
sibilities in urban school jurisdictions in the United
States of 100,000 or more population for former provi-
sions fixing such rates in relation to the rates of basic
compensation for similar positions in the United States
but not exceeding the highest rate of basic compensa-
tion for similar positions of a comparable level of du-
ties and responsibilities under the municipal govern-
ment of the District of Columbia.
Subsec. (e). Pub. L. 89–391, § 1(c), inserted provisions
designated as subsec. (c) to section 5 of Pub. L. 86–91,
but codified as subsec. (e) of this section.
1959—Subsec. (b). Pub. L. 86–370 substituted ‘‘(33)’’ for
‘‘(32)’’ in two places.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 10
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