5 U.S.C. § 6362 — General authority

Page 832 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6340 § 6340. Inapplicability of certain provisions Except to the extent that the Office of Per- sonnel Management may prescribe regulations, nothing in section 7351 shall apply with respect to a solicitation, donation, or acceptance of leave under this subchapter. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2838.) SUBCHAPTER IV—VOLUNTARY LEAVE BANK PROGRAM § 6361. Definitions For the purpose of this subchapter the term— (1) ‘‘employee’’ means an employee as de- fined 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 estab- lished 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 ap- proved; 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 (disregarding any advanced leave). (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839; amended Pub. L. 103–103, § 3(a), Oct. 8, 1993, 107 Stat. 1022.) Editorial Notes AMENDMENTS 1993—Par. (6). Pub. L. 103–103 inserted before period at end ‘‘(disregarding any advanced leave)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT 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. LEAVE BANK FOR JUDICIAL BRANCH EMPLOYEES OF FEDERAL GOVERNMENT IN RESERVES WHO WERE AC- TIVATED DURING PERSIAN GULF WAR Pub. L. 102–58, § 3, June 18, 1991, 105 Stat. 299, provided that: ‘‘(a) JUDICIAL BRANCH EMPLOYEES.—The Director of the Administrative Office of the United States Courts shall establish a leave bank program under which— ‘‘(1) an employee of the Judicial Branch may (dur- ing a period specified by the Director of the Adminis- trative Office) donate any unused annual leave from the employee’s annual leave account to a leave bank established by the Director; ‘‘(2) the total amount of annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursu- ant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of title 10, United States Code, and who return to em- ployment with the Judicial Branch; and ‘‘(3) such Persian Gulf conflict participants who have returned to Judicial Branch employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other an- nual leave to their credit. ‘‘(b) DEFINITIONS.—For purposes of subsection (a), the term ‘employee’ means an employee as defined in sec- tion 6301(2) of title 5, United States Code. ‘‘(c) DEADLINE FOR REGULATIONS.—Within 30 days after the date of the enactment of this Act [June 18, 1991], the Director of the Administration [Administra- tive] Office shall prescribe regulations necessary for the administration of subsection (a).’’ LEAVE BANK FOR FEDERAL CIVILIAN EMPLOYEES IN RE- SERVES WHO WERE ACTIVATED DURING PERSIAN GULF WAR Pub. L. 102–25, title III, § 361, Apr. 6, 1991, 105 Stat. 92, as amended by Pub. L. 102–484, div. A, title X, § 1054(c)(1), Oct. 23, 1992, 106 Stat. 2502, provided that: ‘‘(a) CIVIL SERVICE EMPLOYEES.—The Office of Per- sonnel Management shall establish a leave bank pro- gram under which— ‘‘(1) an employee in any executive agency may (dur- ing a period specified by the Office of Personnel Man- agement) donate any unused annual leave from the employee’s annual leave account to a leave bank es- tablished by the Office of Personnel Management; ‘‘(2) the total annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursuant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of title 10, United States Code, and who return to civilian employment with their agencies; and ‘‘(3) such Persian Gulf concflict [sic] participants who have returned to civilian employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other annual leave to their credit. ‘‘(b) DEFINITIONS.—For purposes of subsection (a), the term ‘employee’ means an employee as defined in sec- tion 6361(1) of title 5, United States Code. ‘‘(c) DEADLINE FOR REGULATIONS.—Within 30 days after the date of the enactment of this Act [Apr. 6, 1991], the Office of Personnel Management shall pre- scribe regulations necessary for the administration of subsection (a). ‘‘(d) DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE PROFESSIONALS.—The Secretary of Veterans Affairs shall establish a program similar to that established under subsection (a) for the benefit of health-care pro- fessionals covered under section 7423(e) of title 38, United States Code. Such program shall be as similar and [as] practicable to the program established under subsection (a).’’ § 6362. General authority Notwithstanding any provision of subchapter I, and subject to the provisions of this sub- chapter, 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. Page 833 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6366 (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839; amended Pub. L. 103–103, § 5(b), Oct. 8, 1993, 107 Stat. 1023.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–103 struck out subsec. (a) designa- tion and struck out subsec. (b) which read as follows: ‘‘To test voluntary leave bank programs under the pro- visions of this subchapter, the Office of Personnel Man- agement 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 po- sitions.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT 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. § 6363. Establishment of leave banks Each agency that establishes a leave bank pro- gram under section 6362 shall establish 1 or more leave banks in accordance with regulations pre- scribed by the Office of Personnel Management. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839.) § 6364. Establishment of Leave Bank Boards (a)(1) Each agency that establishes a leave bank shall establish a Leave Bank Board con- sisting 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 administra- tive 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 prac- ticable. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839.) § 6365. Contributions of annual leave (a)(1) An employee may, by written applica- tion 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 de- sire 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, ex- cept that the number of hours so transferred may not exceed the limitations under paragraph (2). (2)(A) In any one leave year, a leave contrib- utor may contribute no more than a total of one-half of the amount of annual leave such con- tributor 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 sub- ject 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 contrib- utor may waive the limitations under sub- section (b)(2). Any such waiver shall be in writ- ing. (d) The Office of Personnel Management shall prescribe regulations establishing an open en- rollment period during which an employee may contribute leave under subsection (a) for a leave year. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2840.) § 6366. Eligibility for leave recipients (a) An employee is eligible to be a leave recipi- ent 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 ac- crued 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 em- ployee submits an application to be a leave re- cipient under section 6367(a); and (B) such contribution is made before such employee submits an application under sec- tion 6367(a). (b)(1) An employee shall contribute the min- imum number of hours required under sub- section (a)(2)(A), if such employee is an em- ployee— (A) for less than 3 years of service and con- tributes 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 con- tributes a minimum of 8 hours. (2) Notwithstanding the provisions of para- graph (1), the Leave Bank Board of an agency, after consultation with the Office of Personnel Management, may—