5 U.S.C. § 6381 — Definitions

Page 835 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6381 1 So in original. Probably should be followed by a comma. an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2842.) § 6371. Accrual of leave While using leave made available to an em- ployee 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 sec- tion 6337. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2843.) § 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)(1) Except as provided in paragraph (2) and notwithstanding any other provision of this sub- chapter, neither an excepted agency nor any in- dividual employed in or under an excepted agen- cy may be included in a leave bank program es- tablished under any of the preceding provisions of this subchapter. (2) Notwithstanding any other provision of law, the Director of the Federal Bureau of Inves- tigation may authorize an individual employed by the Bureau to participate in a leave bank program administered by the Department of Justice under this subchapter if in the Direc- tor’s judgment such participation will not ad- versely affect the protection of intelligence sources and methods. (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 ad- ditional 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 con- sistent 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. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2843; amended Pub. L. 112–87, title IV, § 432, Jan. 3, 2012, 125 Stat. 1894.) Editorial Notes AMENDMENTS 2012—Subsec. (b). Pub. L. 112–87 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘Notwithstanding any other provision of this sub- chapter, neither an excepted agency nor any individual employed in or under an excepted agency may be in- cluded in a leave bank program established under any of the preceding provisions of this subchapter.’’ § 6373. Authority to participate in both programs (a) The Office of Personnel Management shall prescribe regulations under which an employee participating in a leave bank program under this subchapter may, subject to such terms or conditions as the Office may establish, also make or receive donations of leave under sub- chapter III. (b) Notwithstanding any provision of section 6337 or 6371, if an employee uses leave trans- ferred to such employee under subchapter III and leave made available to such employee under this subchapter in connection with the same medical emergency, the maximum number of days of annual leave and sick leave, respec- tively, which may accrue to such employee in connection with such medical emergency shall be the same as if all of that leave had been made available to such employee under this sub- chapter. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2843; amended Pub. L. 103–103, § 5(a)(1), Oct. 8, 1993, 107 Stat. 1023.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–103 substituted ‘‘Authority to par- ticipate in both programs’’ for ‘‘Limitation on em- ployee participation’’ in section catchline and amended text generally. Prior to amendment, text read as fol- lows: ‘‘An employee in a unit of an agency that estab- lishes a leave bank program under the provisions of this subchapter may not participate in a leave transfer program under the provisions of subchapter III.’’ 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. SUBCHAPTER V—FAMILY AND MEDICAL LEAVE § 6381. Definitions For the purpose of this subchapter— (1) the term ‘‘employee’’ means any indi- vidual who— (A) is an ‘‘employee’’, as defined by section 6301(2), including any individual employed in a position referred to in clause (ix) of section 6301(2), but excluding any individual em- ployed by the government of the District of Columbia 1 any individual employed on a temporary or intermittent basis, and any employee of the Government Accountability Office or the Library of Congress; and (B) has completed at least 12 months of service— (i) as an employee (as that term is de- fined in section 2105) of the Government of Page 836 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6381 the United States, including service with the United States Postal Service, the Post- al Regulatory Commission, and a non- appropriated fund instrumentality as de- scribed in section 2105(c); or (ii) which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States; (2) the term ‘‘health care provider’’ means— (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; and (B) any other person determined by the Di- rector of the Office of Personnel Manage- ment to be capable of providing health care services; (3) the term ‘‘parent’’ means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter; (4) the term ‘‘reduced leave schedule’’ means a leave schedule that reduces the usual num- ber of hours per workweek, or hours per work- day, of an employee; (5) the term ‘‘serious health condition’’ means an illness, injury, impairment, or phys- ical or mental condition that involves— (A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider; (6) the term ‘‘son or daughter’’ means a bio- logical, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is— (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability; (7) the term ‘‘covered active duty’’ means— (A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code; (8) the term ‘‘covered servicemember’’ means— (A) a member of the Armed Forces (includ- ing a member of the National Guard or Re- serves) who is undergoing medical treat- ment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a seri- ous injury or illness; or (B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a mem- ber of the Armed Forces (including a mem- ber of the National Guard or Reserves) at any time during the period of 5 years pre- ceding the date on which the veteran under- goes that medical treatment, recuperation, or therapy; (9) the term ‘‘outpatient status’’, with re- spect to a covered servicemember, means the status of a member of the Armed Forces as- signed to— (A) a military medical treatment facility as an outpatient; or (B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients; (10) the term ‘‘next of kin’’, used with re- spect to an individual, means the nearest blood relative of that individual; (11) the term ‘‘serious injury or illness’’— (A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or ill- ness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggra- vated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to per- form the duties of the member’s office, grade, rank, or rating; and (B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (8)(B), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran; and (12) the term ‘‘veteran’’ has the meaning given the term in section 101 of title 38, United States Code. (Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 19; amended Pub. L. 104–1, title II, § 202(c)(2), Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–181, div. A, title V, § 585(b)(1), Jan. 28, 2008, 122 Stat. 131; Pub. L. 111–84, div. A, title V, § 565(b)(1)(A), (2), (3), Oct. 28, 2009, 123 Stat. 2311, 2312; Pub. L. 116–283, div. A, title XI, § 1103(f)(2), Jan. 1, 2021, 134 Stat. 3889; Pub. L. 118–31, div. A, title XI, § 1114(a), Dec. 22, 2023, 137 Stat. 432.) Editorial Notes AMENDMENTS 2023—Par. (1)(B). Pub. L. 118–31 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as fol- lows: ‘‘has completed at least 12 months of service as an employee (as defined in section 2105) of the Govern- ment of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumen- tality as described in section 2105(c);’’. 2021—Par. (1)(A). Pub. L. 116–283, § 1103(f)(2)(A), struck out ‘‘(v) or’’ before ‘‘(ix) of section 6301(2)’’. Par. (1)(B). Pub. L. 116–283, § 1103(f)(2)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘has completed at least 12 months of service as an employee (within the meaning of subpara- graph (A));’’. Page 837 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6382 2009—Par. (7). Pub. L. 111–84, § 565(b)(1)(A), amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘the term ‘active duty’ means duty under a call or order to active duty under a provision of law re- ferred to in section 101(a)(13)(B) of title 10;’’. Par. (8). Pub. L. 111–84, § 565(b)(2), amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘the term ‘covered servicemember’ means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treat- ment, recuperation, or therapy, is otherwise in an out- patient status, or is otherwise on the temporary dis- ability retired list, for a serious injury or illness;’’. Pars. (11), (12). Pub. L. 111–84, § 565(b)(3), added pars. (11) and (12) and struck out former par. (11) which read as follows: ‘‘the term ‘serious injury or illness’, in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on ac- tive duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.’’ 2008—Pars. (7) to (11). Pub. L. 110–181 added pars. (7) to (11). 2004—Par. (1)(A). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1995—Par. (1)(A). Pub. L. 104–1 struck out ‘‘and’’ after ‘‘District of Columbia’’ and inserted ‘‘, and any em- ployee of the General Accounting Office or the Library of Congress’’ before semicolon. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–1 effective 1 year after transmission to Congress of the study under section 1371 of Title 2, The Congress, see section 1312(f)(2) of Title 2. The study required under section 1371 of Title 2, dated Dec. 31, 1996, was transmitted to Congress by the Board of Directors of the Office of Compliance on Dec. 30, 1996. EFFECTIVE DATE Section effective 6 months after Feb. 5, 1993, see sec- tion 405(b)(1) of Pub. L. 103–3, set out as a note under section 2601 of Title 29, Labor. REGULATIONS Pub. L. 111–84, div. A, title V, § 565(b)(5), Oct. 28, 2009, 123 Stat. 2312, provided that: ‘‘In prescribing regula- tions to carry out the amendments made by this sub- section [amending this section and sections 6382 and 6383 of this title], the Office of Personnel Management shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.’’ § 6382. Leave requirement (a)(1) Subject to section 6383 and subsection (d)(2) of this section, an employee shall be enti- tled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following: (A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. (B) Because of the placement of a son or daughter with the employee for adoption or foster care. (C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition. (D) Because of a serious health condition that makes the employee unable to perform the functions of the employee’s position. (E) Because of any qualifying exigency aris- ing out of the fact that the spouse, or a son, daughter, or parent of the employee is on cov- ered active duty (or has been notified of an im- pending call or order to covered active duty) in the Armed Forces. (2) The entitlement to leave under subpara- graph (A) or (B) of paragraph (1) based on the birth or placement of a son or daughter shall ex- pire at the end of the 12-month period beginning on the date of such birth or placement. (3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this para- graph shall only be available during a single 12- month period. (4) Subject to subsection (d)(2), during the sin- gle 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the avail- ability of leave under paragraph (1) during any other 12-month period. (b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by an em- ployee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and sub- section (b)(5) or (f) (as appropriate) of section 6383, leave under subparagraph (C) or (D) of sub- section (a)(1) or under subsection (a)(3) may be taken intermittently or on a reduced leave schedule when medically necessary. Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule. In the case of an employee who takes leave intermittently or on a reduced leave schedule pursuant to this para- graph, any hours of leave so taken by such em- ployee shall be subtracted from the total amount of leave remaining available to such em- ployee under subsection (a), for purposes of the 12-month period involved, on an hour-for-hour basis. (2) If an employee requests intermittent leave, or leave on a reduced leave schedule, under sub- paragraph (C) or (D) of subsection (a)(1) or under subsection (a)(3), that is foreseeable based on planned medical treatment, the employing agen- cy may require such employee to transfer tem- porarily to an available alternative position of- fered by the employing agency for which the em- ployee is qualified and that— (A) has equivalent pay and benefits; and (B) better accommodates recurring periods of leave than the regular employment position of the employee. (c) Except as provided in subsection (d), leave granted under subsection (a) shall be leave with- out pay. (d)(1) An employee may elect to substitute for leave under subparagraph (C), (D), or (E) of sub- section (a)(1) any of the employee’s accrued or accumulated annual or sick leave for any part of the 12-week period of leave under such sub- section, except that nothing in this subchapter shall require an employing agency to provide