Chapter 63, Subchapter I, Section 6303, Subsection (a) · 5 U.S.C. Chapter 63

Contents

(a)An employee is entitled to annual leave with pay which accrues as follows—

(1)one-half day for each full biweekly pay period for an employee with less than 3 years of service;

(2)three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and

(3)one day for each full biweekly pay period for an employee with 15 or more years of service.

(A)his retirement was based on disability—

(i)resulting from injury or disease received in line of duty as a direct result of armed conflict; or

(ii)caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38;

(B)that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or

(C)on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.

In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if—The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 33

Show every defined term

administrative leave
means leave—
agency
means an Executive agency.
Chief Human Capital Officer
means—
combat zone
has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.
combat-related disability
has the meaning given such term by section 1413a(e) of title 10;
covered active duty
means—
covered servicemember
means—
Department of Defense emergency essential employee
means an employee of the Department of Defense who is designated under section 1580 of title 10 as an emergency essential employee;
Director
means the Director of the Office of Personnel Management;
employee
means any individual who—
excepted agency
has the same meaning as such term is defined under section 6339(a)(1) of this title;
executive agency
means any executive agency or any administrative unit thereof;
head of an excepted agency
has the same meaning as such term is defined under section 6339(a)(2) of this title.
health care provider
means—
intimidate, threaten, or coerce
includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation);
investigative entity
means—
investigative leave
means leave—
judicial proceeding
means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding.
leave bank
means a leave bank established under section 6363;
leave contributor
means an employee who contributes leave to an agency leave bank under section 6365;
leave donor
means an employee whose application to make 1 or more donations of leave under this subchapter is approved;
leave recipient
means an employee whose application under section 6367 to receive contributions of leave from a leave bank is approved;
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).
notice leave
means leave—
notice period
means a period beginning on the date on which an employee is provided notice required under law of a proposed adverse action against the employee and ending on the date on which an agency may take the adverse action.
paid leave
means, with respect to an employee, leave without loss of or reduction in—
parent
means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter;
realignment
means a base realignment (as defined in subsection (e)(3) of section 2687 of title 10) that meets the requirements of subsection (a)(2) of such section.
reduced leave schedule
means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee;
serious health condition
means an illness, injury, impairment, or physical or mental condition that involves—
service-connected
has the meaning given such term in section 101(16) of title 38;
son or daughter
means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is—
veteran
has the meaning given the term in section 101 of title 38, United States Code.