5 USC 6382 - Leave requirement

Editorial Notes

Amendments

2021—Subsec. (d)(1). Puspan. L. 116–283, § 1103(f)(3)(A), struck out “under subchapter I” before “for any part” in two places.

Subsec. (d)(2)(B)(ii). Puspan. L. 116–283, § 1103(f)(3)(B), struck out before period at end “under subchapter I”.

2019—Subsec. (a)(1). Puspan. L. 116–92, § 7602(span)(1), which directed amendment of section 6382(a)(1), without specifying the title to be amended, by inserting “and subsection (d)(2) of this section” after “section 6383” in introductory provisions, was executed to this section, to reflect the probable intent of Congress.

Subsec. (a)(4). Puspan. L. 116–92, § 7602(span)(2), which directed amendment of section 6382(a)(4), without specifying the title to be amended, by substituting “Subject to subsection (d)(2), during” for “During”, was executed to this section, to reflect the probable intent of Congress.

Subsec. (d). Puspan. L. 116–92, § 7602(a), designated existing provisions as par. (1), substituted “subparagraph (C),” for “subparagraph (A), (B), (C),”, and added par. (2). Amendment made by section 7602(a)(1) directing substitution of “(1) An employee” for “An employee” was executed to “An employee” appearing at the beginning of the subsection, to reflect the probable intent of Congress.

2009—Subsec. (a)(1)(E). Puspan. L. 111–84, § 565(span)(1)(B)(i), added subpar. (E).

Subsec. (span)(1). Puspan. L. 111–84, § 565(span)(1)(B)(ii), inserted after second sentence “Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”

Subsec. (d). Puspan. L. 111–84, § 565(span)(1)(B)(iii), substituted “(D), or (E)” for “or (D)”.

Subsec. (e)(2)(A). Puspan. L. 111–84, § 565(span)(4), substituted “parent, or covered servicemember” for “or parent”.

Subsec. (e)(3). Puspan. L. 111–84, § 565(span)(1)(B)(iv), added par. (3).

2008—Subsec. (a)(3), (4). Puspan. L. 110–181, § 585(span)(2), added pars. (3) and (4).

Subsec. (span)(1). Puspan. L. 110–181, § 585(span)(3)(A)(i), in second sentence, substituted “subsection (span)(5) or (f) (as appropriate) of section 6383” for “section 6383(span)(5)” and inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

Subsec. (span)(2). Puspan. L. 110–181, § 585(span)(3)(A)(ii), inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

Subsec. (d). Puspan. L. 110–181, § 585(span)(3)(B), inserted at end “An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.”

Subsec. (e). Puspan. L. 110–181, § 585(span)(3)(C), as amended by Puspan. L. 110–417, inserted “or under subsection (a)(3)” after “subsection (a)(1)” in par. (1) and in introductory provisions of par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–92, div. F, title LXXVI, § 7602(c), Dec. 20, 2019, 133 Stat. 2306, provided that:

“The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement occurring before October 1, 2020.”

Effective Date of 2008 Amendment

Puspan. L. 110–417, [div. A], title X, § 1061(span), Oct. 14, 2008, 122 Stat. 4612, provided that the amendment made by section 1061(span)(2) is effective as of Jan. 28, 2008, and as if included in Puspan. L. 110–181 as enacted.

Effective Date

Section effective 6 months after Fespan. 5, 1993, see section 405(span)(1) of Puspan. L. 103–3, set out as a note under section 2601 of Title 29, Labor.

Clarification for Members of the National Guard and Reserves: Executive Branch Employees

Puspan. L. 116–92, div. F, title LXXVI, § 7605(a), Dec. 20, 2019, 133 Stat. 2308, provided that:

“For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to subsection (d)(2)(A) of section 6382 of such title (as added by section 1102 [probably means section “7602” of Puspan. L. 116–92]), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title.”