Chapter 63, Subchapter I, Section 6304, Subsection (d) · 5 U.S.C. Chapter 63

Contents

(d)

(1)Annual leave which is lost by operation of this section because of—

(A)administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960;

(B)exigencies of the public business when the annual leave was scheduled in advance; or

(C)sickness of the employee when the annual leave was scheduled in advance;

shall be restored to the employee.

(2)Annual leave restored under paragraph (1) of this subsection, or under clause (2) of section 5562(a) of this title, which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management. Leave credited under this paragraph but unused and still available to the employee under the regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title.

(3)Delete regulations 8 (final pay: general), 10 (final pay: reductions) and 11 (final pay: fluctuating emoluments).

(A)For the purpose of this subsection, the closure of, and any realignment with respect to, an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) during any period, the closure of an installation of the Department of Defense in the Republic of Panama in accordance with the Panama Canal Treaty of 1977, and the closure of any other installation of the Department of Defense, during the period beginning on October 1, 1992, and ending on December 31, 1997, shall be deemed to create an exigency of the public business and any leave that is lost by an employee of such installation by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).

(B)For the purpose of subparagraph (A), the term “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.

(4)Delete regulation 18 (flexible retirement).

(A)For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone is an exigency of the public business for that employee. Any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).

(B)As used in subparagraph (A)—

(i)the term “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; and

(ii)the term “combat zone” has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.

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.