5 U.S.C. § 6333

Receipt and use of transferred leave

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(a)(1) An application to receive donations of leave under this subchapter, whether submitted by or on behalf of an employee—(A) shall be submitted to the employing agency of the proposed leave recipient; and(B) shall include—(i) the name, position title, and grade or pay level of the proposed leave recipient;(ii) the reasons why transferred leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate frequency of the medical emergency involved;(iii) if the employing agency so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under clause (ii); and(iv) any other information which the employing agency may reasonably require.(2) If an agency requires that an employee obtain certification under paragraph (1)(B)(iii) from 2 or more sources, the agency shall ensure, either by direct payment to the expert involved or by reimbursement, that the employee is not required to pay for the expenses associated with obtaining certification from more than 1 of such sources.(3) An employing agency shall approve or disapprove an application of a proposed leave recipient for leave under this subchapter, and, to the extent practicable, shall notify the proposed leave recipient (or other person acting on behalf of the proposed recipient, if appropriate) of the decision of the agency, in writing, within 10 days (excluding Saturdays, Sundays, and legal public holidays) after receiving such application.(b)(1) A leave recipient may use annual leave received under this subchapter in the same manner and for the same purposes as if such leave recipient had accrued that leave under section 6303, except that any annual leave, and any sick leave, accrued or accumulated by the leave recipient and available for the purpose involved must be exhausted before any transferred annual leave may be used.(2)(A) The requirement under paragraph (1) relating to exhaustion of annual and sick leave shall not apply in the case of a leave recipient who—(i) sustains a combat-related disability while a member of the armed forces, including a reserve component of the armed forces; and(ii) is undergoing medical treatment for that disability.(B) Subparagraph (A) shall apply to a member described in such subparagraph only so long as the member continues to undergo medical treatment for the disability, but in no event for longer than 5 years from the start of such treatment.(C) For purposes of this paragraph—(i) the term “combat-related disability” has the meaning given such term by section 1413a(e) of title 10; and(ii) the term “medical treatment” has such meaning as the Office of Personnel Management shall by regulation prescribe.(c) Transferred annual leave—(1) may accumulate without regard to any limitation under section 6304; and(2) may be substituted retroactively for any period of leave without pay, or used to liquidate an indebtedness for any period of advanced leave, which began on or after a date fixed by the employing agency of the employee as the beginning of the medical emergency involved.(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2834; amended Pub. L. 110–181, div. A, title XVI, § 1675(a), Jan. 28, 2008, 122 Stat. 484.)Editorial NotesAmendments

2008—Subsec. (b). Pub. L. 110–181 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Pub. L. 110–181, div. A, title XVI, § 1675(b), Jan. 28, 2008, 122 Stat. 484, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Jan. 28, 2008], except that, in the case of a leave recipient who is undergoing medical treatment on such date of enactment, section 6333(b)(2)(B) of title 5, United States Code (as amended by this section) shall be applied as if it had been amended by inserting ‘or the date of the enactment of this subsection [probably should be “paragraph”], whichever is later’ after ‘the start of such treatment’.”

Notes of Decisions

Cited in 4 cases, 2000–2013 · leading case: F. Paul Jones v. Dep't of Transp., 295 F.3d 1298 (Fed. Cir. 2002).

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F. Paul Jones v. Dep't of Transp., 295 F.3d 1298 (Fed. Cir. 2002). · cites it 3× “See 5 U.S.C. § 6333 (a) (2000). The second step is the agency’s approval or disapproval of the use of leave donated to the employee.”

Rodney McLean v. Marvin T. Runyon, in His Off. Capacity as Postmaster Gen. of the United States, 222 F.3d 1150 (9th Cir. 2000). “OFFICE OF PERSONNEL MANAGEMENT, INTRODUCTION TO THE FEDERAL WAGE SYSTEM JOB GRADING SYSTEM 15 (same); see also 5 U.S.C. § 6333 (providing that applications to receive donations of leave must include the “grade or pay level” of the proposed leave recipient); id.”

Towne v. United States, 106 Fed. Cl. 704 (Fed. Cl. 2012). “Congress has referenced repeatedly the definition of "combat-related disabilities” set forth in § 1413a(e), namely, in 5 U.S.C. § 6333 (b)(2)(C)(i) (exemption of members who have sustained a combat-related disability from exhaustion of annual and sick leave before using…”

Tanya L. Towne v. United States, 113 Fed. Cl. 87 (Fed. Cl. 2013). “Congress has referenced repeatedly the definition of "combat-related disabilities” set forth in § 1413a(e), namely, in 5 U.S.C. § 6333 (b)(2)(C)(i) (exemption of members who have sustained a combat-related disability from exhaustion of annual and sick leave before using…”

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