5 U.S.C. § 6305 — Home leave; leave for Chiefs of Missions;

Page 811 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6305 partment of Defense installation or activity as defined under section 6304(d)(3) of title 5, United States Code, to another Department of Defense installation or activ- ity— ‘‘(1) may be deemed eligible by the Secretary of De- fense 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 re- stored 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) PAYMENT OF RESTORED ANNUAL LEAVE.—(1) On or after September 23, 1996, all employees transferring from a closing or realigning Department of Defense in- stallation or activity as defined under section 6304(d)(3)(A) of title 5, United States Code, to another Department of Defense installation or activity who, upon transfer, were entitled to payment of a lump sum payment under section 5551(c) of title 5, United States Code, for forfeited annual leave properly restored under section 6304(d)(3) of title 5, United States Code— ‘‘(A) may be paid only for any such restored annual leave currently remaining to their credit at the hour- ly rate payable on the date of transfer with appro- priate back pay interest; and ‘‘(B) shall be deemed paid for all such restored an- nual 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 Pub. L. 103–356, title II, § 201(b), Oct. 13, 1994, 108 Stat. 3411, provided that: ‘‘Notwithstanding the amendment made by subsection (a) [amending this section], in the case of an employee who, on the effective date of sub- section (a) [see Effective Date of 1994 Amendments note above], is subject to subsection (f) of section 6304 of title 5, United States Code, and who has to such em- ployee’s credit annual leave in excess of the maximum accumulation otherwise permitted by subsection (a) or (b) of section 6304 (determined applying the amendment made by subsection (a)), such excess annual leave shall remain to the credit of the employee and be subject to reduction, in the same manner as provided in sub- section (c) of section 6304.’’ LUMP-SUM PAYMENT FOR ACCRUED ANNUAL LEAVE TO FORMER EMPLOYEES Pub. L. 93–181, § 5, Dec. 14, 1973, 87 Stat. 706, provided that where former employees (other than former em- ployees of Post Office Department or United States Postal Service) had accrued annual leave after June 30, 1960, but had not been on the rolls on Dec. 14, 1973, and where annual leave thus accrued had been lost because of administrative error, such accrued annual leave was subject to credit and liquidation by lump-sum payment but only if a claim therefor was filed within three years after Dec. 14, 1973, with agency by which the employees had been employed when lump-sum payment provision of section 5551 of this title had last become applicable to them. Pub. L. 93–181, § 6, Dec. 14, 1973, 87 Stat. 706, provided that where former employees of Post Office Depart- ment or United States Postal Service with prior civil- ian service with Post Office Department or other Fed- eral agency had accrued annual leave after June 30, 1960, and before July 1, 1971, but had not on the rolls on Dec. 14, 1973, and where annual leave thus accrued had been lost because of administrative error, such accrued annual leave was subject to credit and liquidation by lump-sum payment, but only if a claim therefor was filed within three years after Dec. 14, 1973, with Postal Service, at salary rate in effect on date these employ- ees had been employed when lump-sum payment provi- sion of section 5551 of this title or comparable provi- sions of regulations of Postal Service had last become applicable to them. With respect to present employees of Postal Service who had prior Federal civilian service with Post Office Department or other Federal agency, annual leave which had accrued after June 30, 1960, and before July 1, 1971, but, because of administrative error had been lost, was subject to credit and liquidation by lump-sum payment only if a claim therefor was filed within three years of Dec. 14, 1973, with Postal Service, at salary rate in effect on Dec. 14, 1973. § 6305. Home leave; leave for Chiefs of Missions; leave for crews of vessels (a) After 24 months of continuous service out- side the United States (or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Govern- ment), an employee may be granted leave of ab- sence, under regulations of the President, at a rate not to exceed 1 week for each 4 months of that service without regard to other leave pro- vided by this subchapter. Leave so granted— (1) is for use in the United States, or if the employee’s place of residence is outside the area of employment, in its territories or pos- sessions including the Commonwealth of Puer- to Rico; (2) accumulates for future use without re- gard to the limitation in section 6304(b) of this title; and (3) may not be made the basis for terminal leave or for a lump-sum payment. (b) The President may authorize leave of ab- sence to a chief of mission excepted from this subchapter by section 6301(2)(xii) of this title for use in the United States and its territories or possessions. Leave so authorized does not con- stitute a leave system and may not be made the basis for a lump-sum payment. (c) An officer, crewmember, or other employee serving aboard an oceangoing vessel on an ex- tended voyage may be granted leave of absence, under regulations of the Office of Personnel Management, at a rate not to exceed 2 days for each 30 calendar days of that service without re- gard to other leave provided by this subchapter. Leave so granted— (1) accumulates for future use without re- gard to the limitation in section 6304(b) of this title; (2) may not be made the basis for a lump- sum payment, except that civil service mari- ners of the Military Sealift Command on tem- porary promotion aboard ship may be paid the difference between their temporary and per- manent rates of pay for leave accrued under this section and section 6303 and not otherwise used during the temporary promotion upon the expiration or termination of the tem- porary promotion; and (3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Office. (d) With respect to an officer, crewmember, or other employee of the Department of Defense serving aboard an oceangoing vessel on an ex- tended voyage, the first sentence in the matter Page 812 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6306 preceding paragraph (1) of subsection (c) of this section shall be applied by substituting ‘‘7 cal- endar days’’ for ‘‘30 calendar days’’. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 89–747, § 1(1), (2), Nov. 2, 1966, 80 Stat. 1179; Pub. L. 90–623, § 1(16), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–465, title II, §§ 2312(c), 2314(f)(2), Oct. 17, 1980, 94 Stat. 2167, 2168; Pub. L. 106–398, § 1 [[div. A], title XI, § 1133], Oct. 30, 2000, 114 Stat. 1654, 1654A–318; Pub. L. 118–31, div. A, title XI, § 1110, Dec. 22, 2023, 137 Stat. 428.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 2062(f). Oct. 30, 1951, ch. 631, § 203(f), 65 Stat. 680. Sept. 6, 1960, Pub. L. 86–707, § 401 ‘‘(f)’’, 74 Stat. 799. (b) ............. 5 U.S.C. 2061(c)(2). July 2, 1953, ch. 178, § 1 ‘‘(c)(2)’’, 67 Stat. 136. The words ‘‘in his discretion’’ are omitted as unneces- sary in view of the permissive grant of authority. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2023—Subsec. (d). Pub. L. 118–31 added subsec. (d). 2000—Subsec. (c)(2). Pub. L. 106–398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘may not be made the basis for a lump-sum payment; and’’. 1980—Subsec. (a). Pub. L. 96–465, § 2312(c), inserted ‘‘(or after a shorter period of such service if the em- ployee’s assignment is terminated for the convenience of the Government)’’ after ‘‘outside the United States’’. Subsec. (b). Pub. L. 96–465, § 2314(f)(2), substituted ‘‘a chief of mission’’ for ‘‘an officer’’ after ‘‘leave of ab- sence to’’. 1979—Subsec. (c)(3). Pub. L. 96–54 substituted ‘‘Office’’ for ‘‘Commission’’. 1978—Subsec. (c). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. 1968—Subsec. (c). Pub. L. 90–623 substituted ‘‘2’’ and ‘‘30’’ for ‘‘two’’ and ‘‘thirty’’, respectively. 1966—Pub. L. 89–747 added subsec. (c) and inserted ref- erence to leave for crews of vessels in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this sec- tion delegated to Office of Personnel Management, see section 1(2) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The President. EX. ORD. NO. 10471. AUTHORIZATION TO GRANT LEAVES OF ABSENCE Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided: 1. The heads of the several departments and agencies of the Government are hereby authorized and empow- ered, without the approval, ratification, or other action of the President, to exercise, with respect to personnel in their respective department or agency, the authority conferred upon the President by section 6305(b) of title 5 of the United States Code, to authorize leaves of ab- sence in accordance with the said section 6305(b) to per- sons who receive compensation in accordance with sec- tion 401 of the Foreign Service Act of 1980 (22 U.S.C. 3961). 2. This order shall be effective as of July 5, 1953. § 6306. Annual leave; refund of lump-sum pay- ment; recredit of annual leave (a) When an individual who received a lump- sum payment for leave under section 5551 of this title is reemployed before the end of the period covered by the lump-sum payment in or under the Government of the United States or the gov- ernment of the District of Columbia, except in a position excepted from this subchapter by sec- tion 6301(2)(ii), (iii), (vi), or (vii) of this title, he shall refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period. (b) An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employ- ing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the re- fund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Manage- ment. When an individual is reemployed in a po- sition excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95–519, § 2, Oct. 25, 1978, 92 Stat. 1819.)