---
kind: "section"
citation: "5 C.F.R. § 630.1008"
title: "5"
number: "630.1008"
heading: "Accrual of annual and sick leave."
url: "https://uscodex.org/cfr/5/630.1008"
---

# §630.1008. Accrual of annual and sick leave.

- (a) Except as otherwise provided in this section, while an employee is in a shared leave status, annual and sick leave shall accrue to the credit of the employee at the same rate as if the employee were then in a paid leave status under subchapter I of chapter 63 of title 5, United States Code, except that—
  - (1) The maximum amount of annual leave that may be accrued by a leave recipient while in a shared leave status in connection with any particular medical emergency may not exceed 40 hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, the average number of hours in the employee's weekly scheduled tour of duty); and
  - (2) The maximum amount of sick leave that may be accrued by a leave recipient while in a shared leave status in connection with any particular medical emergency may not exceed 40 hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, the average number of hours in the employee's weekly scheduled tour of duty).
- (b) **Any annual or sick leave accrued by an employee under this subpart and subpart I of this part—**
  - (1) Shall be credited to an annual or sick leave account, as appropriate, separate from any leave account of the employee under subchapter I of chapter 63 of title 5, United States Code; and
  - (2) Shall not become available for use by the employee and may not otherwise be taken into account under subchapter I of chapter 63 of title 5, United States Code, until it is transferred to the appropriate leave account of the employee under subchapter I of chapter 63 of title 5, United States Code, as provided in [paragraph (c)](#c) of this section.
- (c) Any annual or sick leave accrued by an employee under this section shall be transferred to the appropriate leave account of the employee under subchapter I of chapter 63 of title 5, United States Code, and shall become available for use—
  - (1) As of the beginning of the first pay period beginning on or after the date on which the employee's medical emergency terminates as described in § [630.1010(a)(3)](/cfr/5/630.1010.md?p=a-3) or [(4)](/cfr/5/630.1010.md?p=a-4); or
  - (2) If the employee's medical emergency has not yet terminated, once the employee has exhausted all leave made available to such employee under this subpart of subpart I of this part.
- (d) If the leave recipient's employing agency advances at the beginning of the leave year the amount of annual leave the employee normally would accrue during the entire leave year under [5 U.S.C. 6302(d)](/usc/5/6302.md?p=d)—
  - (1) The leave recipient's employing agency shall establish procedures to ensure that 40 hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, the average number of hours in the employee's weekly scheduled tour of duty) of annual leave are placed in a separate annual leave account and made available for use by the employee as described in [paragraph (c)](#c) of this section; and
  - (2) The employee shall continue to accrue annual leave while using annual leave withdrawn from a leave bank to the extent necessary for the purpose of reducing an indebtedness caused by the use of annual leave advanced at the beginning of the leave year.
- (e) If the leave recipient's medical emergency terminates as described in [§ 630.1010(a)(1)](/cfr/5/630.1010.md?p=a-1), no leave shall be credited to the employee under this section.

## Notes

### Amendments

[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995]

### Source

Source: 59 FR 67129, Dec. 29, 1994, unless otherwise noted.

### Authority

Authority: Subparts A through E issued under 5 U.S.C. 6133(a) (read with 5 U.S.C. 6129), 6303(e) and (f), 6304(d)(2), 6306(b), 6308(a) and 6311; subpart F issued under 5 U.S.C. 6305(a) and 6311 and E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G issued under 5 U.S.C. 6305(c) and 6311; subpart H issued under 5 U.S.C. 6133(a) (read with 5 U.S.C. 6129) and 6326(b); subpart I issued under 5 U.S.C. 6332, 6334(c), 6336(a)(1) and (d), and 6340; subpart J issued under 5 U.S.C. 6340, 6363, 6365(d), 6367(e), 6373(a); subpart K issued under 5 U.S.C. 6391(g); subpart L issued under 5 U.S.C. 6383(f) and 6387; subpart M issued under Sec. 2(d), Pub. L. 114-75, 129 Stat. 641 (5 U.S.C. 6329 note); subpart N issued under 5 U.S.C. 6329a(c); subpart O issued under 5 U.S.C. 6329b(h); and subpart P issued under 5 U.S.C. 6329c(d).

### Source

Source: 33 FR 12475, Sept. 4, 1968, unless otherwise noted.

### Amendments

[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995]