5 U.S.C. § 6373 — Authority to participate in both programs

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