Click here to skip navigation
OPM.gov Home  |  Subject Index  |  Important Links  |  Contact Us  |  Help

U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Advanced Search

INDEX OF LAWS,REGULATIONS, AND OTHER REFERENCES
RELATED TO LEAVE ADMINISTRATION

This index highlights the laws, regulations, and other references relating to Federal leave programs and policies. The index is a valuable resource for researching major leave subject-matter areas. Please contact your agency personnel office, library, legal office, or information technology office to obtain copies of the documents cited (e.g., laws, regulations, Executive orders, opinions of the Comptroller General (Comp. Gen.)1, etc.). Since each agency is responsible for Federal leave administration, it is imperative that you also consult your agency's internal policies and collective bargaining agreements, as applicable. Also see the leave fact sheets available on OPM's website at http://www.opm.gov/oca/leave/HTML/factindx.asp.

Skip Navigation A / B / C / D / E / F / G / H / I / J / K / L / M / N / O / P / Q / R / S / T / U / V / W / X / Y / Z

SUBJECT
LAW

5 U.S.C. (unless otherwise indicated)
REGULATION/OTHER

5 CFR (unless otherwise indicated)
A BACK TO TOP
ABSENCE
    

bone marrow/organ donation

6327

  

funerals, law enforcement officers

6327

  

funerals, relatives in Armed Forces

6326

  

funerals, veterans

6321

  

hostile actions abroad

6325

  

police and firemen, resulting from duty

6324

  
ACCRUAL
    

annual leave

   

full-time

6303(a)

630.202

part-time

6302(c)

630.303

Senior Executive Service (SES)

6303(f)

630.301

uncommon tours

  

630.210

sick leave

    

full-time

6307(a)

630.202

part-time

6302(c)

630.406, 630.202(b)

uncommon tours

  

630.210

change in accrual rate

6303(c)

  
ACCUMULATION
    

annual leave

6304(a)

630.304, 630.302

Overseas

6304(b)

630.302

SES

6304(f)

630.301

sick leave

6307(b)

  
ADMINISTRATIVE LEAVE (SEE EXCUSED
ABSENCE) 		   
ADOPTION (SICK LEAVE)

6307(c)

630.401(a)(6)
ADVANCE LEAVE
    

annual leave

6302(d)

  

sick leave

6307(d)

630.209, 630.404

refund value of sick leave

  
630.208(d);Comp. Gen. Opinion
B-189531 (09/14/77)

not likely to return to duty

  
25 Comp. Gen. 874 (1946)23 Comp. Gen. 837 (1944)
ALTERNATIVE WORK SCHEDULES (LEAVE ADMINISTRATION)
6129
  
ANNUAL LEAVE
  
part 630, subparts B and C;Title II-Leave, Civilian Personnel Law Manual, chapter 2-Annual Leave

covered employees
6301

general provisions
5302

Accrual
6303

maximum accumulation
6304

transfer between different leave systems
6308

reduction in force - use of annual leave to qualify for retirement/health benefits
6302(g)
351.606(b), 351.608, 630.212

agency discretion

  

39 Comp. Gen. 611 (1960)

16 Comp. Gen. 481 (1936)
ANNUITIES (COMPUTATION, USE OF SICK LEAVE)
8339(m)
630.407, 831.302

B BACK TO TOP
BACK PAY (RESTORED ANNUAL LEAVE)
5596(b)(1)(B)
550.805(g)
BEREAVEMENT (SICK LEAVE)
6307(d)
630.401(a)(4)

C BACK TO TOP
COURT
    

jury duty
6322
Title II-Leave, Civilian Personnel Law Manual, chapter 5, part C-Court Leave

witness
6322
  

credit/retention of fees
5515, 5537
Title I-Compensation, Civilian Personnel Law Manual, chapter 9-Service as Juror or Witness
CREDITABLE SERVICE FOR LEAVE ACCRUAL
6303(a)
Title II-Leave, Civilian Personnel Law Manual, chapter 2, part C-Creditable Services and part D-Noncreditable Services

Agriculture Soil Conservation Service (ASCS) and Nonappropriated Fund (NAF) Employees
6312

District of Columbia Police and Firemen's Retirement System

  
Comp. Gen. Opinion
B-256756 (4/11/95)

D BACK TO TOP
DEMONSTRATION PROJECTS (PROHIBITION OF LEAVE WAIVER)
4703(c)(1)
  
DESERT SHIELD/DESERT STORM RESERVISTS LEAVE BANK
Public Law 102-25 (04/06/91)
part 630, subpart K
DISMISSAL, ADMINISTRATIVE (DAILY, HOURLY, and PIECE-WORK)
6104
part 610, subpart C
DISMISSALS, ADMINISTRATIVE/EMERGENCY
301, 6104, 6302(a)
part 610, subpart C

Leave Without Pay status

  
56 Comp. Gen. 393 (1977)

E BACK TO TOP
EMERGENCY LEAVE TRANSFER

6391

part 630, subpart K

EMPLOYEES COVERED BY THE FEDERAL LEAVE SYSTEM

6301(2)

Title II-Leave, Civilian Personnel Law Manual, chapter I, part B-Employees Covered and part C-Employees Excluded
EXCLUSION OF PRESIDENTIAL APPOINTEES

6301(2)(xi)

630.211
EXCUSED ABSENCE

6104, 6302(a)

Title II-Leave, Civilian Personnel Law Manual, chapter 5, part A-Administrative Leave

F BACK TO TOP
FAMILY AND MEDICAL LEAVE ACT (FMLA) (TITLE I administered by the Department of Labor)

29 U.S.C. 2601 et seq.

29 CFR part 825
FAMILY AND MEDICAL LEAVE ACT (FMLA)(TITLE II administered by the Office of Personnel Management)

6381-6387

part 630, subpart L
EXPANDED FAMILY AND MEDICAL LEAVE
 

Presidential Memorandum, April 11, 1997
OPM Memorandum, April 14, 1997
Questions and Answers,
April 17, 1997
FAMILY CARE (SICK LEAVE)

6307(d)(1)

630.401(a)(3)
FAMILY MEMBER (Definition)
    

Family and Medical Leave

6381

630.1202

leave transfer

   630.902

leave bank

   630.1002
emergency leave transfer
  

630.1102

sick leave

6307(d)

630.201(b)

H BACK TO TOP

6103, 6104

part 610, subpart B

Title II-Leave, Civilian Personnel Law Manual, chapter 5, part B-Holidays

Leave Without Pay before and after

  

Comp. Gen. Opinion
B-187520 (02/22/77)

Leave Without Pay before or after

  

56 Comp. Gen. 393 (1977)
HOME LEAVE

6305

part 630, subpart F;Title II-Leave, Civilian Personnel Law Manual, chapter 5, part E-Home Leave

J BACK TO TOP
JURY DUTY (SEE COURT LEAVE)

6322

  

L BACK TO TOP
LEAVE CEILING (ANNUAL LEAVE)
    

General

6304(a) and (b)

630.302, 630.304

Senior Executive Service (SES)

6304(f) (1)

630.301

scheduling "use or lose" leave

  

630.308
LEAVE BANK PROGRAM

6361-6373

part 630, subpart J
LEAVE TRANSFER PROGRAM

6331-6340

part 630, subpart I

death of recipient - no retroactive substitution

  

70 Comp. Gen. 432 (1991)

68 Comp. Gen. 694 (1989)

employee unable to return to work

  

Comp. Gen. opinion

B-271561.2 (07/26/89)
LEAVE OF ABSENCE (ALIENS)

6310

  
LEAVE WITHOUT PAY
    

administrative discretion

 

Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F-Leave Without Pay

disabled veterans

Executive Order5396 (July 17, 1960)

  

injury compensation

5 U.S.C. Chapter 81

  

military training

38 U.S.C. 2024(d)

  

creditable service

8332(f)

  

during military service

6303(a)

353.107 Comp. Gen. opinion

B-215542 (08/01/85)

during period covered by service agreement

  

Comp. Gen. opinion

B-184948 (11/18/75)

Family and Medical Leave Act - Title II

6384(b)(2)

630.1208

reduction in leave credits

  

630.208

compensation for disability

8118(c)

Comp. Gen. opinion

B-164617 (04/13/72)

within-grade waiting periods

  

531.406
LUMP-SUM PAYMENTS FOR ANNUAL LEAVE

5551-5553, 6304(e)

part 550, subpart L

DOD base closings

5551(c)

  

refund of lump-sum payment and recredit of annual leave

6306

part 550, subpart L

M BACK TO TOP
MEDICAL CERTIFICATION
    

sick leave

 

630.403

Family and Medical Leave

6383

630.1207

leave transfer and leave bank programs

6333(a), 6367(a)

630.904; 630.1006
MILITARY LEAVE

6323

Title II-Leave, Civilian Personnel Law Manual, chapter 5, part D-Military Leave

"Rights of Reservists Called to Duty for the National Emergency," Sept.14, 2001

offset of payments received

5519

  

funeral honors duty

6323(a)

  
MINIMUM CHARGE OF LEAVE
  

630.206

N BACK TO TOP
NONAPPROPRIATED FUND EMPLOYEES(LEAVE PORTABILITY)

6308(b), 6312

  

R BACK TO TOP
RECREDIT OF LEAVE

6306

part 630, subpart E
REFUND FOR UNEARNED (ADVANCED) LEAVE
  

630.209(a)

waiver for medical disability

  

630.209(b)
RESTORATION OF ANNUAL LEAVE

6304(d) and (e)

630.305-309

Title II-Leave, Civilian Personnel Law Manual, chapter 2, part G-Restoration of Leave

back pay

5596(b)(1)(B)

550.805(e)(2)(iv)

DOD base closings

6304(d)(3)

630.306(b)

leave forfeiture / scheduling requirement

  

630.306(a);

56 Comp. Gen. 470 (1977)

Restoration and scheduling of annual leave for Y2K conversion

 

630.310

Restoration and scheduling of annual leave during the national emergency

  

630.311

S BACK TO TOP
SHORE LEAVE

6305

part 630, subpart G
SICK LEAVE
    

covered employees

 6301

part 630, subparts B, D, and E;

Title II-Leave, Civilian Personnel Law Manual, chapter 4-Sick Leave

general provisions

 6302

accrual and maximum accumulation

 6307

transfer between different leave systems

 6308

adoption

6307(c)

630.401(a)(6)

care of a family member with a serious health condition

  

630.401(a)(3),(b), and (d)

general family care and bereavement; and

6307(d) (expired)

630.401(a)(2),(a)(4), (c) and (d)

incapacity due to death of spouse

  

Comp. Gen. Opinion
B-207444 (10/20/82)

agency discretion

  

Comp. Gen. Opinion
B-170730 (08/16/71)
SUBSTITUTION OF LEAVE
    

sick leave for annual leave

  

630.405;

Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(a)-Substitution of Sick Leave for Annual Leave

sick leave for leave without pay

  

Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(b)-Substitution of Sick Leave for Leave Without Pay

annual leave for sick leave

  

Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(a)-Substitution of Annual Leave for Sick Leave

annual leave for leave without pay

  

Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(b)-Substitution of Annual Leave for Leave Without Pay

substitution of leave without pay for annual leave

  

Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Annual Leave

substitution of leave without pay for sick leave

  

Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Sick Leave

SUNDAY PREMIUM PAY

prohibition on Sunday premium pay for periods of leave

Section 624 of Treasury and General Government Appropriations Act, 1999, as contained in section 101(h) of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999

  

T BACK TO TOP
TERMINAL LEAVE
  

Comp. Gen. Opinion
B-223876 (06/12/87)
TRANSFER OF LEAVE BETWEEN AGENCIES AND LEAVE SYSTEMS

6308

630.501, 630.502

Title II-Leave, Civilian Personnel Law Manual, chapter 2, part E-Transfers and Reemployment (Annual Leave) and chapter 4, part C-Transfers and Reemployment (Sick Leave)

to and from Milk Markets

  

Comp. Gen. Opinion

B-109025, June 23, 1952, and

B-109025, March 11, 1966
TRAVEL TO/FROM POST OF DUTY

6303(d)

630.207

U BACK TO TOP
UNCOMMON TOURS OF DUTY

6307(d)(3)(B)

630.201, 630.210

V BACK TO TOP
VETERANS
    

use of leave for physical examination

Executive Order 5396 (July 17, 1930)

  

travel expenses - VA physical exam

  

Comp. Gen. Opinion
B-188012 (05/10/77
VOLUNTEER ACTIVITIES
  

Presidential Memorandum, April 22, 1998

OPM Memorandum, April 23, 1998

Guidance April 23, 1998

OPM Memorandum CPM 2002-4, April 23, 2002

participation of Federal employees in volunteer activities

W BACK TO TOP
WORKERS' COMPENSATION

(Federal Employees Compensation Act)

chapter 81

Title II-Leave, Civilian Personnel Law Manual, chapter 4, part E-Employee Receiving Workers' Compensation; chapter 4, part H-Buy Back of Sick Leave; and chapter 2, part G, 7(c)(4)-Buy Back of Annual Leave

buy-back of leave

  

20 CFR 10.202,310

No administrative leave for injury

  

Comp. Gen. Opinion
B-192510 (04/06/79)

forfeiture of annual leave

  

62 Comp. Gen. 253 (1983);Comp. Gen. Opinion
B-204524 (03/23/82)

accrual of leave while on leave without pay

  

630.204;29 Comp. Gen. 73 (1949);Comp. Gen. Opinion
B-180010.12 (03/08/79)

 

NOTES:

  1. Opinions of the Comptroller General are included in the General Accounting Office's Civilian Personnel Law Manual (CPLM), Title II (Leave), Fourth Edition, 1996. Title II of the CPLM is available at http://www.gao.gov/special.pubs/og96006.txt This is a text/ascii formatted file or may be ordered from the U.S. Government Printing Office at:

    Superintendent of Documents
    US Government Printing Office
    941 North Capitol Street
    Washington, DC 20402
    http://www.gpoaccess.gov/help

  2. Presidential memoranda and Office of Personnel Management (OPM) guidance materials on expanded family and medical leave policies and participation of Federal employees in volunteer activities may be accessed on OPM's web site at http://www.opm.gov/oca. See our leave fact sheets available on at http://www.opm.gov/oca/leave/HTML/factindx.asp.

 
PDF Help U.S. Office of Personnel Management 1900 E Street NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532