U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart E— Attendance and Leave › Chapter CHAPTER 63— LEAVE › Subchapter SUBCHAPTER II— OTHER PAID LEAVE

5 U.S.C. § 6326

Absence in connection with funerals of immediate relatives in the Armed Forces

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(a) An employee of an executive agency or an individual employed by the government of the District of Columbia is entitled to not more than three days of leave without loss of, or reduction in, pay, leave to which he is otherwise entitled, credit for time or service, or performance or efficiency rating, to make arrangements for, or attend the funeral of, or memorial service for, an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone (as determined by the President in accordance with section 112 of the Internal Revenue Code).(b) The Office of Personnel Management is authorized to issue regulations for the administration of this section.(c) This section shall not be considered as affecting the authority of an Executive agency, except to the extent and under the conditions covered under this section, to grant administrative leave excusing an employee from work when it is in the public interest.(Added Pub. L. 90–588, § 1(a), Oct. 17, 1968, 82 Stat. 1151; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)Editorial NotesReferences in Text

Section 112 of the Internal Revenue Code, referred to in subsec. (a), is classified to section 112 of Title 26, Internal Revenue Code.

Amendments

1978—Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Notes of Decisions
Cited in 6 cases, 1984–2012 · leading case: Kelly Butterbaugh v. Dep't of Just., 336 F.3d 1332 (Fed. Cir. 2003).
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Kelly Butterbaugh v. Dep't of Just., 336 F.3d 1332 (Fed. Cir. 2003). · cites it 4× “5 U.S.C. § 6326 (2000). Section 6326 simply grants “three days of leave,” which, according to the government’s argument, is universally understood to mean calendar days rather than workdays.”
Welshans v. United States Postal Serv., 550 F.3d 1100 (Fed. Cir. 2008). “Our decision was premised on the fact that the Office of Personnel Management had determined that the term “days” meant workdays in 5 U.S.C. § 6326 , a “closely related” federal leave statute.”
Stone v. Nicholson, 480 F.3d 1111 (Fed. Cir. 2007). “For example, 5 U.S.C. § 6326 refers to persons “who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone (as determined by the President in accordance with section 112 of the Internal Revenue Code)”; 10 U.”
Jeffrey Otherson v. Dep't of Just., 728 F.2d 1513 (D.C. Cir. 1984). “See 5 U.S.C. § 6326 (1976) (recognizing “the authority of an Executive agency .”
Whether Reservists Who Otherwise Qualify for Leave Under Both 5 U.S.C. § 6323(a) & 5 U.S.C. § 6323(b) Must Exhaust Available Leave Under Section 6323(b) Before Taking Leave Under Section 6323(a) (OLC 2012). “12 Whether Reservists Must Exhaust Available Leave Similarly, 5 U.S.C. § 6326 (2006), which was enacted by the same law as section 6323(b), see Act of Oct.”
Whether Reservists Must Exhaust Available Leave Under 5 U.S.C. § 6323(b) Before Taking Leave Under 5 U.S.C. § 6323(a) (OLC 2012). “” 7 Similarly, 5 U.S.C. § 6326 (2006), which was enacted by the same law as section 6323(b), see Pub.”
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