5 U.S.C. § 6361 — Definitions

Page 832 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6340 § 6340. Inapplicability of certain provisions Except to the extent that the Office of Per- sonnel Management may prescribe regulations, nothing in section 7351 shall apply with respect to a solicitation, donation, or acceptance of leave under this subchapter. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2838.) SUBCHAPTER IV—VOLUNTARY LEAVE BANK PROGRAM § 6361. Definitions For the purpose of this subchapter the term— (1) ‘‘employee’’ means an employee as de- fined by section 6301(2), but shall exclude any individual employed by the government of the District of Columbia; (2) ‘‘executive agency’’ means any executive agency or any administrative unit thereof; (3) ‘‘leave bank’’ means a leave bank estab- lished under section 6363; (4) ‘‘leave contributor’’ means an employee who contributes leave to an agency leave bank under section 6365; (5) ‘‘leave recipient’’ means an employee whose application under section 6367 to receive contributions of leave from a leave bank is ap- proved; and (6) ‘‘medical emergency’’ means a medical condition of an employee or a family member of such employee that is likely to require the prolonged absence of such employee from duty and to result in a substantial loss of income to such employee because of the unavailability of paid leave (disregarding any advanced leave). (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2839; amended Pub. L. 103–103, § 3(a), Oct. 8, 1993, 107 Stat. 1022.) Editorial Notes AMENDMENTS 1993—Par. (6). Pub. L. 103–103 inserted before period at end ‘‘(disregarding any advanced leave)’’. 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. LEAVE BANK FOR JUDICIAL BRANCH EMPLOYEES OF FEDERAL GOVERNMENT IN RESERVES WHO WERE AC- TIVATED DURING PERSIAN GULF WAR Pub. L. 102–58, § 3, June 18, 1991, 105 Stat. 299, provided that: ‘‘(a) JUDICIAL BRANCH EMPLOYEES.—The Director of the Administrative Office of the United States Courts shall establish a leave bank program under which— ‘‘(1) an employee of the Judicial Branch may (dur- ing a period specified by the Director of the Adminis- trative Office) donate any unused annual leave from the employee’s annual leave account to a leave bank established by the Director; ‘‘(2) the total amount of annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursu- ant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of title 10, United States Code, and who return to em- ployment with the Judicial Branch; and ‘‘(3) such Persian Gulf conflict participants who have returned to Judicial Branch employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other an- nual leave to their credit. ‘‘(b) DEFINITIONS.—For purposes of subsection (a), the term ‘employee’ means an employee as defined in sec- tion 6301(2) of title 5, United States Code. ‘‘(c) DEADLINE FOR REGULATIONS.—Within 30 days after the date of the enactment of this Act [June 18, 1991], the Director of the Administration [Administra- tive] Office shall prescribe regulations necessary for the administration of subsection (a).’’ LEAVE BANK FOR FEDERAL CIVILIAN EMPLOYEES IN RE- SERVES WHO WERE ACTIVATED DURING PERSIAN GULF WAR Pub. L. 102–25, title III, § 361, Apr. 6, 1991, 105 Stat. 92, as amended by Pub. L. 102–484, div. A, title X, § 1054(c)(1), Oct. 23, 1992, 106 Stat. 2502, provided that: ‘‘(a) CIVIL SERVICE EMPLOYEES.—The Office of Per- sonnel Management shall establish a leave bank pro- gram under which— ‘‘(1) an employee in any executive agency may (dur- ing a period specified by the Office of Personnel Man- agement) donate any unused annual leave from the employee’s annual leave account to a leave bank es- tablished by the Office of Personnel Management; ‘‘(2) the total annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursuant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of title 10, United States Code, and who return to civilian employment with their agencies; and ‘‘(3) such Persian Gulf concflict [sic] participants who have returned to civilian employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other annual leave to their credit. ‘‘(b) DEFINITIONS.—For purposes of subsection (a), the term ‘employee’ means an employee as defined in sec- tion 6361(1) of title 5, United States Code. ‘‘(c) DEADLINE FOR REGULATIONS.—Within 30 days after the date of the enactment of this Act [Apr. 6, 1991], the Office of Personnel Management shall pre- scribe regulations necessary for the administration of subsection (a). ‘‘(d) DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE PROFESSIONALS.—The Secretary of Veterans Affairs shall establish a program similar to that established under subsection (a) for the benefit of health-care pro- fessionals covered under section 7423(e) of title 38, United States Code. Such program shall be as similar and [as] practicable to the program established under subsection (a).’’ § 6362. 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— (1) annual leave accrued or accumulated by an employee may be contributed to a leave bank established by the employing agency of such employee; and (2) leave from such a leave bank may be made available to an employee who requires such leave because of a medical emergency.