5 U.S.C. § 6331 — Definitions

Page 827 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6331 (2) the term ‘‘employee’’— (A) has the meaning given the term in sec- tion 2105; and (B) does not include an intermittent em- ployee who does not have an established reg- ular tour of duty during the administrative workweek. (b) LEAVE FOR WEATHER AND SAFETY ISSUES.— An agency may approve the provision of leave under this section to an employee or a group of employees without loss of or reduction in the pay of the employee or employees, leave to which the employee or employees are otherwise entitled, or credit to the employee or employees for time or service only if the employee or group of employees is prevented from safely traveling to or performing work at an approved location due to— (1) an act of God; (2) a terrorist attack; or (3) another condition that prevents the em- ployee or group of employees from safely trav- eling to or performing work at an approved lo- cation. (c) RECORDS.—An agency shall record leave provided under this section separately from leave authorized under any other provision of law. (d) REGULATIONS.—Not later than 270 days after the date of enactment of this section, the Director of the Office of Personnel Management shall prescribe regulations to carry out this sec- tion, including— (1) guidance to agencies regarding the appro- priate purposes for providing leave under this section; and (2) the proper recording of leave provided under this section. (e) RELATION TO OTHER LAWS.—Notwith- standing subsection (a) of section 7421 of title 38, this section shall apply to an employee de- scribed in subsection (b) of that section. (Added Pub. L. 114–328, div. A, title XI, § 1138(e)(1), Dec. 23, 2016, 130 Stat. 2469.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, subsec. (d), is the date of enactment of Pub. L. 114–328, which was ap- proved Dec. 23, 2016. § 6329d. Parental bereavement leave (a) DEFINITIONS.—In this section— (1) the terms ‘‘employee’’ and ‘‘son or daugh- ter’’ have the meanings given those terms in section 6381; and (2) the term ‘‘paid leave’’ means, with re- spect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is other- wise entitled under law; or (C) credit for time or service. (b) BEREAVEMENT LEAVE.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the em- ployee. (2) LIMITATION.—Leave under paragraph (1) may not be taken by an employee intermit- tently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) NOTICE.—In any case in which the neces- sity for leave under this subsection is foresee- able, the employee shall provide the employ- ing agency with such notice as is reasonable and practicable. (Added Pub. L. 117–81, div. A, title XI, § 1111(a), Dec. 27, 2021, 135 Stat. 1953.) SUBCHAPTER III—VOLUNTARY TRANSFERS OF LEAVE § 6331. Definitions For the purpose of this subchapter— (1) the term ‘‘employee’’ means an employee as defined by section 6301(2), excluding an indi- vidual employed by the government of the Dis- trict of Columbia; (2) the term ‘‘leave recipient’’ means an em- ployee whose application to receive donations of leave under this subchapter is approved; (3) the term ‘‘leave donor’’ means an em- ployee whose application to make 1 or more donations of leave under this subchapter is ap- proved; and (4) the term ‘‘medical emergency’’ means a medical condition of an employee or a family member of such employee that is likely to re- quire the prolonged absence of such employee from duty and to result in a substantial loss of income to such employee because of the un- availability of paid leave (disregarding any ad- vanced leave). (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2834; amended Pub. L. 103–103, § 3, Oct. 8, 1993, 107 Stat. 1022.) Editorial Notes AMENDMENTS 1993—Par. (4). Pub. L. 103–103 inserted ‘‘the term’’ after par. designation and inserted before period at end ‘‘(disregarding any advanced leave)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–103, § 6, Oct. 8, 1993, 107 Stat. 1024, provided that: ‘‘Except as provided in section 2 [enacting and re- pealing provisions set out as notes under this section], this Act [amending this section and sections 6337, 6361, 6362, and 6373 of this title and enacting provisions set out as a note under section 6301 of this title] and the amendments made by this Act shall take effect as of the 120th day after the date of the enactment of this Act [Oct. 8, 1993] or such earlier date as the Office of Personnel Management may by regulation prescribe.’’ REPEALS Pub. L. 100–566, § 2(d), Oct. 31, 1988, 102 Stat. 2844, which provided for the repeal of subchapters III (§ 6331 et seq.) and IV (§ 6361 et seq.) of this chapter effective 5 years after Oct. 31, 1988, and which also contained sav- ings provisions for continued availability of certain leave as if such program had not been terminated, was repealed by Pub. L. 103–103, § 2, Oct. 8, 1993, 107 Stat. 1022, effective Oct. 30, 1993. Page 828 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6332 [Pub. L. 103–103, § 2, Oct. 8, 1993, 107 Stat. 1022, pro- vided that the repeal made by that section is effective Oct. 30, 1993.] IMPLEMENTATION OF LEAVE TRANSFER AND LEAVE BANK PROGRAMS Pub. L. 100–566, § 2(c), Oct. 31, 1988, 102 Stat. 2844, pro- vided that: ‘‘(1) No later than 3 months after the date of the en- actment of this Act [Oct. 31, 1988], the Office of Per- sonnel Management shall prescribe regulations to im- plement leave transfer programs pursuant to the amendments made by this Act [see Short Title of 1988 Amendment note set out under section 6301 of this title]. ‘‘(2) No later than 6 months after the date of the en- actment of this Act— ‘‘(A) the head of each agency involved under sec- tions 6332 and 6339 of title 5, United States Code, shall establish and begin operating a leave transfer pro- gram in accordance with applicable provisions of sub- chapter III of chapter 63 of title 5, United States Code, and applicable regulations prescribed by the Of- fice; and ‘‘(B) the Office of Personnel Management shall pre- scribe regulations to implement leave bank programs pursuant to the amendments made by this Act. ‘‘(3) No later than 9 months after the date of the en- actment of this Act, the head of each agency involved under section 6362 of title 5, United States Code, shall establish and begin operating a leave bank in accord- ance with subchapter IV of chapter 63 of title 5, United States Code, and applicable regulations prescribed by the Office.’’ REPORT TO CONGRESS Pub. L. 100–566, § 2(e), Oct. 31, 1988, 102 Stat. 2845, pro- vided that: ‘‘(1)(A) Within 2 years after the date of the enactment of this Act [Oct. 31, 1988] and again no later than 6 months before the scheduled termination date of any program under subchapter III or subchapter IV of chap- ter 63 of title 5, United States Code (excluding any pro- gram under sections 6339 and 6372 of such chapter) the Office of Personnel Management shall submit a written report to the Congress with respect to the operations of such programs. ‘‘(B) The Office of Personnel Management may re- quire agencies to maintain such records and to provide such information as the Office may need to carry out subparagraph (A). ‘‘(2) The excepted agencies that establish programs under sections 6339 and 6372 of title 5, United States Code, shall report to the Congress on the operation of such programs within 2 years after the date of the en- actment of this Act and again no later than 6 months before the scheduled termination of any such pro- grams.’’ CONTINUATION OF TEMPORARY LEAVE TRANSFER PROGRAMS Pub. L. 100–566, § 2(f), Oct. 31, 1988, 102 Stat. 2845, pro- vided that: ‘‘Any temporary program allowing for transfers of leave among officers or employees of the Federal Government may, if such program is being im- plemented with respect to an agency (or any unit thereof) as of the date of the enactment of this Act [Oct. 31, 1988], continue to be implemented with respect to such agency (or unit), notwithstanding any provi- sion of law which would otherwise terminate the au- thority for such program, pending the commencement of a leave transfer program with respect to such agency pursuant to amendments made by this Act [see Short Title of 1988 Amendment note set out under section 6301 of this title]. The Office of Personnel Management (or, in the case of a program established by another agency, such other agency) shall prescribe regulations to en- sure that any leave which has been transferred to the credit of an officer or employee and which remains un- used as of the date on which any such temporary pro- gram terminates (and a successor program commences pursuant to amendments made by this Act) shall not be lost by reason of that termination.’’ § 6332. 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 annual leave accrued or accumulated by an employee may be transferred to the annual leave account of any other employee if such other employee requires additional leave because of a medical emergency. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2834.) § 6333. Receipt and use of transferred leave (a)(1) An application to receive donations of leave under this subchapter, whether submitted by or on behalf of an employee— (A) shall be submitted to the employing agency of the proposed leave recipient; and (B) shall include— (i) the name, position title, and grade or pay level of the proposed leave recipient; (ii) the reasons why transferred leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate fre- quency of the medical emergency involved; (iii) if the employing agency so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under clause (ii); and (iv) any other information which the em- ploying agency may reasonably require. (2) If an agency requires that an employee ob- tain certification under paragraph (1)(B)(iii) from 2 or more sources, the agency shall ensure, either by direct payment to the expert involved or by reimbursement, that the employee is not required to pay for the expenses associated with obtaining certification from more than 1 of such sources. (3) An employing agency shall approve or dis- approve an application of a proposed leave re- cipient for leave under this subchapter, and, to the extent practicable, shall notify the proposed leave recipient (or other person acting on behalf of the proposed recipient, if appropriate) of the decision of the agency, in writing, within 10 days (excluding Saturdays, Sundays, and legal public holidays) after receiving such application. (b)(1) A leave recipient may use annual leave received under this subchapter in the same man- ner and for the same purposes as if such leave recipient had accrued that leave under section 6303, except that any annual leave, and any sick leave, accrued or accumulated by the leave re- cipient and available for the purpose involved must be exhausted before any transferred an- nual leave may be used. (2)(A) The requirement under paragraph (1) re- lating to exhaustion of annual and sick leave shall not apply in the case of a leave recipient who— (i) sustains a combat-related disability while a member of the armed forces, including a re- serve component of the armed forces; and