U.S. Code
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Title 5
» Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 55— PAY ADMINISTRATION › Subchapter SUBCHAPTER VI— PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
5 U.S.C. § 5552
Lump-sum payment for accumulated and accrued leave on entering active duty; election
An employee as defined by section 2105 of this title or an individual employed by a territory or possession of the United States or the government of the District of Columbia who enters on active duty in the armed forces is entitled to—(1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with section 5551 of this title; or(2) elect to have the leave remain to his credit until his return from active duty.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 489.)The words “An employee as defined by section 2105 of this title” are coextensive with and substituted for “Employees of the United States Government, . . . (including employees of any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress)”.
The words “subsequent to May 1, 1940” are omitted as obsolete. The words “active duty in the armed forces” and “active duty” are substituted for “active military or naval service in the land or naval forces of the United States” and “active military or naval service”, respectively, on authority of the National Security Act of 1947, 61 Stat. 495, as amended. The words “by voluntary enlistment or otherwise” are omitted as unnecessary.
In paragraph (1), the words “in accordance with section 5551 of this title” are added on authority of former section 61b, which is carried into section 5551.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1980–2024 · leading case:
Crowley v. Muskie, 496 F. Supp. 360 (D.D.C. 1980).
Crowley v. Muskie, 496 F. Supp. 360 (D.D.C. 1980).
“umulation 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, and (ii) annual leave credited under clause (i) of…”
Climate Investigations Ctr. v. United States Dep't of Energy (D.D.C. 2017).
“” 5 U.S.C. § 5552 (b)(5). As a general matter, an agency may invoke Exemption 5 to withhold materials that would be protected from discovery in ordinary civil litigation under a “recognized evidentiary or discovery privilege.”
Fargo v. United States (N. Mar. I. 2019).
“) 16 (5) FEMA violated the Administrative Procedure Act, 5 U.S.C. § 5552 , by not informing 17 him within a reasonable time about decisions on his application for relief from 18 Supertyphoon Yutu, which struck Saipan on October 23–24, 2018.”
— 5 U.S.C. § 5552(2) — 1 case
Crowley v. Muskie, 496 F. Supp. 360 (D.D.C. 1980).
“umulation 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, and (ii) annual leave credited under clause (i) of…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.