5 U.S.C. § 6391 — Authority for leave transfer program in disasters and emergencies
submitted 29 years ago by Pub. L. 105-18 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 280 words · no verdicts yet
After a President-declared disaster or emergency severely affecting many employees, the President may direct an emergency program that lets employees donate unused annual leave to affected employees. The Office of Personnel Management sets the rules and must include judicial-branch employees.
(a) “Employee” means an employee under section 6331(1), and “agency” means an Executive agency. (b) If the President declares a major disaster or emergency that severely affects a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave-transfer program. Under it, an employee of any agency may donate unused annual leave to an affected employee of the same or another agency. (c) The Office must set operating requirements, including limits on donation and use. A recipient may use transferred leave without first exhausting credited annual or sick leave. (d) A leave bank under subchapter IV may donate annual leave to the program as Office regulations allow. (e) Except as Office regulations provide, section 7351 does not apply to solicitation, donation, or acceptance of leave under this section. (f) After consulting the Administrative Office of the United States Courts, the Office must provide for judicial-branch participation. (g) The Office must issue necessary regulations.
For the purpose of this section—
“employee” means an employee as defined in section 6331(1); and
“agency” means an Executive agency.
In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely affected by such disaster or emergency.
The Office shall establish appropriate requirements for the operation of the emergency leave transfer program under subsection (b), including appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient’s credit must be exhausted before any transferred annual leave may be used.
A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program established under subsection (b).
Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or acceptance of leave under this section.
After consultation with the Administrative Office of the United States Courts, the Office of Personnel Management shall provide for the participation of employees in the judicial branch in any emergency leave transfer program under this section.
The Office shall prescribe regulations necessary for the administration of this section.
Source credit: (Added Pub. L. 105–18, title II, § 9004(a), June 12, 1997, 111 Stat. 196; amended Pub. L. 109–229, § 1, May 31, 2006, 120 Stat. 390.)
- 1997Enacted · Pub. L. 105-18 · 111 Stat. 196
- 2006Amended · Pub. L. 109-229 · 120 Stat. 390
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-18 on 1997-06-12.
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