(a) Employees in the career service shall be entitled to annual leave, which shall accrue as follows:
(1) four hours for each full biweekly pay period in the case of employees with less than 3 years of service;
(2) six hours for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is 10 hours, in the case of employees with 3 but less than 15 years of service;
(3) eight hours for each biweekly pay period in the case of employees with 15 years or more of service.
(b) In determining years of creditable service for the purposes of subsection (a), there shall be included all time spent as a career service employee of the government and all time spent on active duty status with the armed forces of the United States, but for an employee who is a retired member of any of the uniformed services, such last mentioned time shall not be included unless:
(1) his retirement was based on disability resulting from injury or disease received in line of duty as a direct result of armed conflict, or caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in38 U.S.C. §§ 101 and 301);or
(2) immediately prior to the effective date of this service he was employed in a civilian office to which the Annual and Sick Leave Act of the United States applies and, on and after that date, he continued to be employed in that office without a break in service of more than 30 days; or
(3) such service was performed in the armed forces during any war, or in any campaign or expedition for which a campaign badge has been authorized.
(c) The determination of the period service may be made on the basis of an affidavit of the employee, if other records are unavailable.
(d) In the case of an employee who is not paid on the basis of biweekly pay periods, the leave provided by this section shall accrue on the same basis as it would accrue if such employee were paid on the basis of biweekly pay periods.
(e) Any change in the rate of accrual of annual leave by an employee under the provisions of this section shall take effect as of the beginning of the pay period following the pay period, or corresponding period in the case of an employee who is not paid on the basis of biweekly pay periods, in which such employee completes the prescribed period of service.
(f) Annual leave not used by an employee shall accumulate for use in succeeding years until it totals an amount not to exceed 60 days at the beginning of the first complete biweekly pay period, or corresponding period in the case of an employee who is not paid on the basis of biweekly pay periods, occurring in any year.
(g) The annual leave provided for in this section, including such leave as accrues to any employee during the year, may be granted at any time during such year as the heads of the various departments and agencies may prescribe.
(h) Notwithstanding the provisions of subsection (a), an employee shall be entitled to annual leave under this section only after having been employed currently for a continuous period of 90 days under one or more appointments without a break in service. In any case in which an employee completes a period of continuous employment of 90 days, there shall be credited to him an amount of annual leave equal to the amount which, except for this subsection would have accrued to him under subsection (a) during such period.
(i) The payment of money in lieu of leave shall not be allowed except on termination of employment.
(j) The days of leave provided for in this section mean days upon which an employee would otherwise work and receive pay, and shall be exclusive of holidays and all nonwork days established by law or administrative order.
(k) An employee shall be considered, for the purposes of this section, to have been employed for a full biweekly pay period if he has been employed during all of the days within such period which would be within his usual workweek and on which he would normally work.History: 1962, PL 7-22; 1966, PL 9-26; 1967, PL 10-30;amd 1978, PL 15-71; 1981, PL 17-8 § l; amd 1983, PL 18-8 § 1.
Amendments: 1978 Subsection (b)(2): substituted “service” for “sentence”, “that” for “such”, and “that” for “any such”.
1983 Subsection (a) amended to refer to number of hours rather than fractions of a day.