Historical and Revision Notes
5 U.S.C. 2061(d).
Sept. 6, 1960, Pub. L. 86–707, § 402(c), 74 Stat. 800.
5 U.S.C. 2061(a), (b), (c)(1) (less last sentence).
Oct. 30, 1951, ch. 631, § 202, 65 Stat. 679.
July 2, 1953, ch. 178, § 1 “(c)(1) (less last sentence)”, 67 Stat. 136.
Sept. 6, 1960, Pub. L. 86–707, § 402(a), 74 Stat. 800.
Aug. 21, 1964, Pub. L. 88–471, § 6(a), 78 Stat. 583.
5 U.S.C. 2067.
Aug. 21, 1964, Pub. L. 88–471, § 1, 78 Stat. 582.
5 U.S.C. 2358(a) (less applicability to the Federal Employees Pay Act of 1945, as amended).
July 17, 1959, Pub. L. 86–91, § 10(a) (less applicability to the Federal Employees Pay Act of 1945, as amended), 73 Stat. 217.
In paragraph (1), the words “when used in a geographical sense” are added for clarity.
In paragraph (2), the words “an employee as defined by section 2105 of this title” are coextensive with and substituted for “civilian officers and employees of the United States . . . including officers and employees of corporations wholly owned or controlled by the United States”. Specific reference to officers and members of the Metropolitan Police force of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police force, and the White House Police force, as set forth in former section 2067, is omitted as unnecessary in view of the provisions of paragraph (2)(A), (B). The exception for “commissioned officers of the Public Health Service” and “commissioned officers of the Coast and Geodetic Survey” in former section 2061(b)(1)(E), (F) is omitted as unnecessary since these officers are excluded by the definition of the word “employee” in section 2105.
In paragraph (2)(ix), the words “as defined by section 901 of title 20” are added on authority of former section 2351, which section is scheduled for transfer to section 901 of title 20.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
2021—Par. (2)(B)(v). Pub. L. 116–283 which directed the general amendment of cl. (v) without specifying the subpar., was executed by amending cl. (v) of subpar. (B) generally to reflect the probable intent of Congress. Prior to amendment, cl. (v) read as follows: “a physician, dentist, or nurse in the Veterans Health Administration of the Department of Veterans Affairs;”.
1991—Par. (2)(v). Pub. L. 102–54 substituted “Veterans Health Administration of the Department of Veterans Affairs” for “Department of Medicine and Surgery, Veterans’ Administration”.
1986—Par. (2)(B). Pub. L. 99–335 amended subpar. (B) generally, substituting “first employed” for “employed” and inserting “before October 1, 1987”.
1980—Pub. L. 96–465, § 2312(a), inserted provision at end of par. (2) extending definition of “employee” notwithstanding cls. (x) to (xii) of par. (2).
Par. (2)(xii). Pub. L. 96–465, § 2314(f)(1), substituted “a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980)” for “an officer who receives pay under section 866 of title 22”.
1979—Par. (2)(iv). Pub. L. 96–70 substituted “Panama Canal Commission” for “Canal Zone Government or the Panama Canal Company”.
1978—Par. (2)(xiii). Pub. L. 95–519 added cl. (xiii).
1970—Par. (2)(ii). Pub. L. 91–375 struck out “, except an hourly employee in the postal field service,” after “part-time employee”.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Short Title of 1993 Amendment
Pub. L. 103–103, § 1, Oct. 8, 1993, 107 Stat. 1022, provided that:
“This Act [amending sections 6331
, and 6373
of this title, enacting provisions set out as notes under section 6331 of this title
, and repealing provisions set out as a note under section 6331 of this title
] may be cited as the ‘Federal Employees Leave Sharing Amendments Act of 1993
Emergency Federal Employee Leave Fund
Pub. L. 117–2, title IV, § 4001, Mar. 11, 2021, 135 Stat. 77, provided that:
“(a) Establishment; Appropriation.—
There is established in the Treasury the Emergency Federal Employee
Leave Fund (in this section referred to as the ‘Fund’), to be administered by the Director of the Office of Personnel Management
, for the purposes set forth in subsection (b). In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $570,000,000, which shall be deposited into the Fund and remain available through September 30, 2022
. The Fund is available for reasonable expenses incurred by the Office of Personnel Management
in administering this section.
“(b) Purpose.—Amounts in the Fund shall be available for reimbursement to an agency for the use of paid leave under this section by any employee of the agency who is unable to work because the employee—
is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;
has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;
is caring for an individual who is subject to such an order or has been so advised;
is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
is caring for a son or daughter of such employee
if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions;
is experiencing any other substantially similar condition;
is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee
is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or
is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization.
“(1) Period of availability.—
Paid leave under this section may only be provided to and used by an employee
during the period beginning on the date of enactment of this Act [Mar. 11, 2021
] and ending on September 30, 2021
“(2) Total hours; amount.—Paid leave under this section—
shall be provided to an employee
in an amount not to exceed 600 hours of paid leave for each full-time employee
, and in the case of a part-time employee
on an uncommon tour of duty, or employee
with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;
shall be paid at the same hourly rate as other leave payments; and
may not be provided to an employee
if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee
, or a proportionally equivalent biweekly limit for a part-time employee
“(3) Relationship to other leave.—Paid leave under this section—
is in addition to any other leave provided to an employee
may not be used by an employee
concurrently with any other paid leave.
“(4) Calculation of retirement benefit.—
Any paid leave provided to an employee
under this section shall reduce the total service used to calculate any Federal civilian retirement benefit.
“(d) Employee Defined.—In this section, the term ‘employee’ means—
an individual in the executive branch for whom annual and sick leave is provided under subchapter I of chapter 63
of title 5, United States Code;
an individual employed by the United States Postal Service;
an individual employed by the Postal Regulatory Commission; and
of the Public Defender Service for the District of Columbia and the District of Columbia Courts.”
Employees of the District of Columbia
Pub. L. 99–335, title II, § 207(c)(2), as added by Pub. L. 99–556, title II, § 201, Oct. 27, 1986, 100 Stat. 3135, provided that:
“The amendment made by paragraph (1) [amending this section] shall not result in the coverage, under subchapter I of chapter 63
of title 5, United States Code, of any individual (or class of individuals) employed by the government of the District of Columbia who would not have been covered under such subchapter if such amendment had not been made.”