republic-os/legal/us/code/title-05/chapter-63/section-6305.md

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LegalText	5 U.S.C. § 6305	Home leave; leave for Chiefs of Missions; leave for crews of vessels	us	united_states_code	code_section	5	GOVERNMENT ORGANIZATION AND EMPLOYEES	63	LEAVE	6305	5 U.S.C. § 6305	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip	/us/usc/t5/s6305	data/legal/raw/us/code/title-05/usc05.xml	b7d859fa491c6653b457823a193b6b53618958b1841c461a6da0f0da54aae960	719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540	11f6d78f50cb9457cd948b30fe9e3a2df8eeb214816b18f04549179bd5dd0c8e	2026-07-04	official	legal us-code

5 U.S.C. § 6305 - Home leave; leave for Chiefs of Missions; leave for crews of vessels

Text

(a) After 24 months of continuous service outside the United States (or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Government), an employee may be granted leave of absence, under regulations of the President, at a rate not to exceed 1 week for each 4 months of that service without regard to other leave provided by this subchapter. Leave so granted—

(1) is for use in the United States, or if the employee’s place of residence is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico;

(2) accumulates for future use without regard to the limitation in section 6304(b) of this title; and

(3) may not be made the basis for terminal leave or for a lump-sum payment.

(b) The President may authorize leave of absence to a chief of mission excepted from this subchapter by section 6301(2)(xii) of this title for use in the United States and its territories or possessions. Leave so authorized does not constitute a leave system and may not be made the basis for a lump-sum payment.

(c) An officer, crewmember, or other employee serving aboard an oceangoing vessel on an extended voyage may be granted leave of absence, under regulations of the Office of Personnel Management, at a rate not to exceed 2 days for each 30 calendar days of that service without regard to other leave provided by this subchapter. Leave so granted—

(1) accumulates for future use without regard to the limitation in section 6304(b) of this title;

(2) may not be made the basis for a lump-sum payment, except that civil service mariners of the Military Sealift Command on temporary promotion aboard ship may be paid the difference between their temporary and permanent rates of pay for leave accrued under this section and section 6303 and not otherwise used during the temporary promotion upon the expiration or termination of the temporary promotion; and

(3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Office.

(d) With respect to an officer, crewmember, or other employee of the Department of Defense serving aboard an oceangoing vessel on an extended voyage, the first sentence in the matter preceding paragraph (1) of subsection (c) of this section shall be applied by substituting “7 calendar days” for “30 calendar days”.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 89–747, § 1(1), (2), Nov. 2, 1966, 80 Stat. 1179; Pub. L. 90–623, § 1(16), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–465, title II, §§ 2312(c), 2314(f)(2), Oct. 17, 1980, 94 Stat. 2167, 2168; Pub. L. 106–398, § 1 [[div. A], title XI, § 1133], Oct. 30, 2000, 114 Stat. 1654, 1654A–318; Pub. L. 118–31, div. A, title XI, § 1110, Dec. 22, 2023, 137 Stat. 428.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 2062(f).Oct. 30, 1951, ch. 631, § 203(f), 65 Stat. 680.   Sept. 6, 1960, Pub. L. 86–707, § 401 “(f)”, 74 Stat. 799. (b)5 U.S.C. 2061(c)(2).July 2, 1953, ch. 178, § 1 “(c)(2)”, 67 Stat. 136. The words “in his discretion” are omitted as unnecessary in view of the permissive grant of authority. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments2023—Subsec. (d). Pub. L. 118–31 added subsec. (d). 2000—Subsec. (c)(2). Pub. L. 106–398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “may not be made the basis for a lump-sum payment; and”. 1980—Subsec. (a). Pub. L. 96–465, § 2312(c), inserted “(or after a shorter period of such service if the employee’s assignment is terminated for the convenience of the Government)” after “outside the United States”. Subsec. (b). Pub. L. 96–465, § 2314(f)(2), substituted “a chief of mission” for “an officer” after “leave of absence to”. 1979—Subsec. (c)(3). Pub. L. 96–54 substituted “Office” for “Commission”. 1978—Subsec. (c). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”. 1968—Subsec. (c). Pub. L. 90–623 substituted “2” and “30” for “two” and “thirty”, respectively. 1966—Pub. L. 89–747 added subsec. (c) and inserted reference to leave for crews of vessels in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.

Effective Date of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date of 1978 AmendmentAmendment 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.

Effective Date of 1968 AmendmentAmendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

Executive Documents

Delegation of Functions Functions of President under subsec. (a) of this section delegated to Office of Personnel Management, see section 1(2) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The President.

Ex. Ord. No. 10471. Authorization To Grant Leaves of Absence Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided: 1. The heads of the several departments and agencies of the Government are hereby authorized and empowered, without the approval, ratification, or other action of the President, to exercise, with respect to personnel in their respective department or agency, the authority conferred upon the President by section 6305(b) of title 5 of the United States Code, to authorize leaves of absence in accordance with the said section 6305(b) to persons who receive compensation in accordance with section 401 of the Foreign Service Act of 1980 (22 U.S.C. 3961). 2. This order shall be effective as of July 5, 1953.