5 U.S.C. § 6337 — Accrual of leave

Page 830 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6337 day of the first leave year beginning after the date of the election; or (3) donating such leave in whole or part to another leave recipient; if a leave donor elects to donate only part of restored leave to an- other recipient, the donor may elect to have the remaining leave credited to the donor’s annual leave account in accordance with para- graph (1) or (2). (c) The Office shall prescribe regulations under which this section shall be applied in the case of an employee who is paid other than on the basis of biweekly pay periods. (d) Restorations of leave under this section shall be carried out in a manner consistent with regulations prescribed to carry out section 6334(c), if applicable. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2836.) § 6337. Accrual of leave (a) For the purpose of this section— (1) the term ‘‘paid leave status under sub- chapter I’’, as used with respect to an em- ployee, means the administrative status of such employee while such employee is using sick leave, or annual leave, accrued or accu- mulated under subchapter I; and (2) the term ‘‘transferred leave status’’, as used with respect to an employee, means the administrative status of such employee while such employee is using transferred leave under this subchapter. (b)(1) Except as otherwise provided in this sec- tion, while an employee is in a transferred leave status, annual leave and sick leave shall accrue to the credit of such employee at the same rate as if such employee were then in a paid leave status under subchapter I, except that— (A) the maximum amount of annual leave which may be accrued by an employee while in transferred leave status in connection with any particular medical emergency may not ex- ceed 5 days; and (B) the maximum amount of sick leave which may be accrued by an employee while in transferred leave status in connection with any particular medical emergency may not ex- ceed 5 days. (2) Any annual or sick leave accrued by an em- ployee under this section— (A) shall be credited to an annual leave or sick leave account, as appropriate, separate from any leave account of such employee under subchapter I; and (B) shall not become available for use by such employee, and may not otherwise be taken into account under subchapter I, until, in accordance with subsection (c), it is trans- ferred to the appropriate leave account of such employee under subchapter I. (c)(1) Any annual or sick leave accrued by an employee under this section shall be transferred to the appropriate leave account of such em- ployee under subchapter I, and shall be available for use— (A) as of the beginning of the first applicable pay period beginning after the date on which the employee’s medical emergency terminates as described in paragraph (1) or (2) of section 6335(a); or (B) if the employee’s medical emergency has not yet terminated, once the employee has ex- hausted all transferred leave made available to such employee under this subchapter. (2) In the event that the employee’s medical emergency terminates as described in section 6335(a)(3)— (A) any leave accrued but not yet trans- ferred under this section shall not be credited to such employee; or (B) if there remains, as of the date the emer- gency so terminates, any leave which became available to such employee under paragraph (1)(B), such leave shall cease to be available for any purpose. (d) Nothing in this section shall be considered to prevent, with respect to a continuing medical emergency, further transfers of leave for use after leave accrued under this section has been exhausted by the employee. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2837; amended Pub. L. 103–103, § 4, Oct. 8, 1993, 107 Stat. 1022.) Editorial Notes AMENDMENTS 1993—Subsecs. (c), (d). Pub. L. 103–103 amended sub- sec. (c) generally and added subsec. (d). Prior to amend- ment, subsec. (c) read as follows: ‘‘(1) Any annual or sick leave accrued by an employee under this section shall be transferred to the appro- priate leave account of such employee under sub- chapter I, effective as of the beginning of the first ap- plicable pay period beginning after the date on which the employee’s medical emergency terminates as de- scribed in paragraph (1) or (2) of section 6335(a). ‘‘(2) If the employee’s medical emergency terminates as described in section 6335(a)(3), no leave shall be cred- ited to such employee under this section.’’ 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. § 6338. Prohibition of coercion (a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other em- ployee for the purpose of interfering with any right which such employee may have with re- spect to contributing, receiving, or using annual leave under this subchapter. (b) For the purpose of subsection (a), the term ‘‘intimidate, threaten, or coerce’’ includes prom- ising to confer or conferring any benefit (such as 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. 2837.) § 6339. Additional leave transfer programs (a) For the purpose of this section—