5 U.S.C. § 6325 — Absence resulting from hostile action

Page 820 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6324 Pub. L. 103–335, title VIII, § 8042, Sept. 30, 1994, 108 Stat. 2627. Pub. L. 103–139, title VIII, § 8047, Nov. 11, 1993, 107 Stat. 1450. Pub. L. 102–396, title IX, § 9064, Oct. 6, 1992, 106 Stat. 1916. Pub. L. 102–172, title VIII, § 8068, Nov. 26, 1991, 105 Stat. 1187. Pub. L. 101–511, title VIII, § 8086, Nov. 5, 1990, 104 Stat. 1895. DEFINITION OF OFFICERS AND EMPLOYEES Act July 1, 1947, ch. 192, § 4, 61 Stat. 239, as amended by June 22, 1956, ch. 428, 70 Stat. 331, provided that: ‘‘The words ‘officers and employees of the United States or of the District of Columbia’ as used in the third paragraph, subheading ‘Ordinance Stores and Equipment for Reserve Officers Training Corps’, of the Act of May 12, 1917 (40 Stat. 72; 10 U.S.C. Annotated 371) [covered by this section], as now or hereafter amended, as used in that part of section 80 of the Act of June 3, 1916 (39 Stat. 203; 32 U.S.C. 75) [covered by this section], as now or hereafter amended, which precedes the pro- viso, and as used in the first proviso of section 9 of the Naval Reserve Act of 1938 (52 Stat. 1177; 34 U.S.C. 853g) [covered by this section], as now or hereafter amended, shall be construed to mean all officers and employees of the United States or of the District of Columbia, per- manent or temporary indefinite, without regard to classifications or terminology peculiar to the Federal Civil Service System. The words ‘officers and employ- ees of the United States or of the District of Columbia’, as used in such provisions of law, as now or hereafter amended, also shall be construed to mean substitute employees in the postal field service; such substitute employees shall be entitled to military leave of absence on the basis of one hour of such leave for each period or periods aggregating twenty-six hours of work per- formed in the calendar year immediately preceding the year in which they are ordered to duty by proper au- thority: Provided, That the number of hours worked during the preceding calendar year shall not be less than one thousand forty hours before such substitute employee shall be entitled to military leave of absence, pay for such leave not to exceed eighty hours in each calendar year.’’ § 6324. Absence of certain police and firemen (a) Sick leave may not be charged to the ac- count of a member of the Metropolitan Police force or the Fire Department of the District of Columbia, the United States Park Police force, or the United States Secret Service Uniformed Division for an absence due to injury or illness resulting from the performance of duty. (b) The determination of whether an injury or illness resulted from the performance of duty shall be made under regulations prescribed by— (1) the District of Columbia Council for members of the Metropolitan Police force and the Fire Department of the District of Colum- bia; (2) the Secretary of the Interior for the United States Park Police force; and (3) the Secretary of Homeland Security for the United States Secret Service Uniformed Division. (c) This section shall not apply to members of the United States Secret Service Uniformed Di- vision who are covered under chapter 84 for the purpose of retirement benefits. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 90–623, § 1(18), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 94–183, § 2(28), (29), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 111–282, § 2(c), Oct. 15, 2010, 124 Stat. 3038.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2071. Aug. 21, 1964, Pub. L. 88–471, § 5, 78 Stat. 583. The word ‘‘officer’’ is omitted as covered by ‘‘mem- ber’’. In subsection (b), the words ‘‘injury or illness’’ are substituted for ‘‘injury or disease’’ to conform to sub- section (a). 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 2010—Subsec. (a). Pub. L. 111–282, § 2(c)(1), substituted ‘‘United States Secret Service Uniformed Division’’ for ‘‘Executive Protective Service force’’. Subsec. (b)(3). Pub. L. 111–282, § 2(c)(2), substituted ‘‘Homeland Security for the United States Secret Serv- ice Uniformed Division’’ for ‘‘the Treasury for the Ex- ecutive Protective Service force’’. Subsec. (c). Pub. L. 111–282, § 2(c)(3), added subsec. (c). 1975—Subsecs. (a), (b)(3). Pub. L. 94–183 substituted ‘‘Executive Protective Service’’ for ‘‘White House Po- lice’’. 1968—Subsec. (b)(1). Pub. L. 90–623 substituted ‘‘Dis- trict of Columbia Council’’ for ‘‘Commissioners of the District of Columbia’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–282 effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as a note under sec- tion 5102 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. TRANSFER OF FUNCTIONS District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Colum- bia, as provided by section 401 of Pub. L. 93–198. § 6325. Absence resulting from hostile action abroad Leave may not be charged to the account of an employee for absence, not to exceed one year, due to an injury— (1) incurred while serving abroad and result- ing from war, insurgency, mob violence, or similar hostile action; and (2) not due to vicious habits, intemperance, or willful misconduct on the part of the em- ployee. The preceding provisions of this section shall apply in the case of an alien employee referred to in section 6301(2)(viii) of this title with re- spect to any leave granted to such alien em- ployee under section 6310 of this title or section 408 of the Foreign Service Act of 1980. (Added Pub. L. 90–221, § 3(a), Dec. 23, 1967, 81 Stat. 671; amended Pub. L. 96–54, § 2(a)(41), Aug. Page 821 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6328 14, 1979, 93 Stat. 383; Pub. L. 99–399, title VIII, § 804, Aug. 27, 1986, 100 Stat. 883.) Editorial Notes REFERENCES IN TEXT Section 408 of the Foreign Service Act of 1980, re- ferred to in text, is classified to section 3968 of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1986—Pub. L. 99–399 inserted sentence at end relating to alien employees. 1979—Pub. L. 96–54 substituted provisions relating to leave charged to an account of an employee for ab- sence, for provisions relating to leave charged to an ac- count of any officer or employee for absence, and des- ignated qualifying provisions as cls. (1) and (2). Statutory Notes and Related Subsidiaries 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 Pub. L. 90–221, § 3(c), Dec. 23, 1967, 81 Stat. 671, pro- vided that: ‘‘The amendment made by subsection (a) of this section [enacting this section] shall take effect as of the first day of the first pay period which began on or after January 1, 1965.’’ § 6326. Absence in connection with funerals of immediate relatives in the Armed Forces (a) An employee of an executive agency or an individual employed by the government of the District of Columbia is entitled to not more than three days of leave without loss of, or re- duction in, pay, leave to which he is otherwise entitled, credit for time or service, or perform- ance or efficiency rating, to make arrangements for, or attend the funeral of, or memorial service for, an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone (as determined by the President in accordance with section 112 of the Internal Rev- enue Code). (b) The Office of Personnel Management is au- thorized to issue regulations for the administra- tion of this section. (c) This section shall not be considered as af- fecting the authority of an Executive agency, except to the extent and under the conditions covered under this section, to grant administra- tive leave excusing an employee from work when it is in the public interest. (Added Pub. L. 90–588, § 1(a), Oct. 17, 1968, 82 Stat. 1151; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) Editorial Notes REFERENCES IN TEXT Section 112 of the Internal Revenue Code, referred to in subsec. (a), is classified to section 112 of Title 26, In- ternal Revenue Code. AMENDMENTS 1978—Subsec. (b). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. Statutory Notes and Related Subsidiaries 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. § 6327. Absence in connection with serving as a bone-marrow or organ donor (a) An employee in or under an Executive agency is entitled to leave without loss of or re- duction in pay, leave to which otherwise enti- tled, credit for time or service, or performance or efficiency rating, for the time necessary to permit such employee to serve as a bone-marrow or organ donor. (b) An employee may, in any calendar year, use— (1) not to exceed 7 days of leave under this section to serve as a bone-marrow donor; and (2) not to exceed 30 days of leave under this section to serve as an organ donor. (c) The Office of Personnel Management may prescribe regulations for the administration of this section. (Added Pub. L. 103–329, title VI, § 629(a)(1), Sept. 30, 1994, 108 Stat. 2423; amended Pub. L. 106–56, § 1(b), Sept. 24, 1999, 113 Stat. 407.) Editorial Notes CODIFICATION Another section 6327 was renumbered section 6328 of this title. AMENDMENTS 1999—Subsec. (b). Pub. L. 106–56 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘Not to exceed 7 days of leave may be used under this section by an employee in a calendar year.’’ § 6328. Absence in connection with funerals of fellow Federal law enforcement officers A Federal law enforcement officer or a Federal firefighter may be excused from duty without loss of, or reduction in, pay or leave to which such officer is otherwise entitled, or credit for time or service, or performance or efficiency rating, to attend the funeral of a fellow Federal law enforcement officer or Federal firefighter, who was killed in the line of duty. When so ex- cused from duty, attendance at such service shall for the purposes of section 1345(a) of title 31, be considered to be an official duty of the of- ficer or firefighter. (Added Pub. L. 103–329, title VI, § 642, Sept. 30, 1994, 108 Stat. 2432, § 6327; renumbered § 6328, Pub. L. 106–56, § 1(c)(1), Sept. 24, 1999, 113 Stat. 407.) Editorial Notes CODIFICATION Section 642 of Pub. L. 103–329, which directed that this section be added ‘‘following the word ‘Forces’ in section 6326’’ was executed by adding the section after section 6327, as added by section 629(a)(1) of Pub. L. 103–329, to reflect the probable intent of Congress. AMENDMENTS 1999—Pub. L. 106–56 renumbered section 6327 of this title as this section.