---
kind: "section"
citation: "5 U.S.C. § 6337"
title: "5"
title_heading: "Government Organization and Employees"
number: "6337"
heading: "Accrual of leave"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6337"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 63 — Leave"
  - "Subchapter III — Voluntary Transfers of Leave"
---

# §6337. Accrual of leave

- (a) For the purpose of this section—
  - (1) the term “paid leave status under subchapter I”, as used with respect to an [employee](/usc/5/6301.md?p=2), means the administrative status of such [employee](/usc/5/6301.md?p=2) while such [employee](/usc/5/6301.md?p=2) is using sick leave, or annual leave, accrued or accumulated under subchapter I; and
  - (2) the term “transferred leave status”, as used with respect to an [employee](/usc/5/6301.md?p=2), means the administrative status of such [employee](/usc/5/6301.md?p=2) while such [employee](/usc/5/6301.md?p=2) is using transferred leave under this subchapter.
- (b)
  - (1) Except as otherwise provided in this section, while an [employee](/usc/5/6301.md?p=2) is in a transferred leave status, annual leave and sick leave shall accrue to the credit of such [employee](/usc/5/6301.md?p=2) at the same rate as if such [employee](/usc/5/6301.md?p=2) were then in a paid leave status under subchapter I, except that—
    - (A) the maximum amount of annual leave which may be accrued by an [employee](/usc/5/6301.md?p=2) while in transferred leave status in connection with any particular [medical emergency](/usc/5/6331.md?p=4) may not exceed 5 days; and
    - (B) the maximum amount of sick leave which may be accrued by an [employee](/usc/5/6301.md?p=2) while in transferred leave status in connection with any particular [medical emergency](/usc/5/6331.md?p=4) may not exceed 5 days.
  - (2) Any annual or sick leave accrued by an [employee](/usc/5/6301.md?p=2) under this section—
    - (A) shall be credited to an annual leave or sick leave [account](/usc/5/8401.md?p=1), as appropriate, separate from any leave [account](/usc/5/8401.md?p=1) of such [employee](/usc/5/6301.md?p=2) under subchapter I; and
    - (B) shall not become available for use by such [employee](/usc/5/6301.md?p=2), and may not otherwise be taken into [account](/usc/5/8401.md?p=1) under subchapter I, until, in accordance with [subsection (c)](#c), it is transferred to the appropriate leave [account](/usc/5/8401.md?p=1) of such [employee](/usc/5/6301.md?p=2) under subchapter I.
- (c)
  - (1) Any annual or sick leave accrued by an [employee](/usc/5/6301.md?p=2) under this section shall be transferred to the appropriate leave [account](/usc/5/8401.md?p=1) of such [employee](/usc/5/6301.md?p=2) under subchapter I, and shall be available for use—
    - (A) as of the beginning of the first applicable [pay](/usc/5/7511.md?p=a-4) period beginning after the date on which the [employee](/usc/5/6301.md?p=2)’s [medical emergency](/usc/5/6331.md?p=4) terminates as described in paragraph [(1)](/usc/5/6335.md?p=a-1) or [(2)](/usc/5/6335.md?p=a-2) of section 6335(a); or
    - (B) if the [employee](/usc/5/6301.md?p=2)’s [medical emergency](/usc/5/6331.md?p=4) has not yet terminated, once the [employee](/usc/5/6301.md?p=2) has exhausted all transferred leave made available to such [employee](/usc/5/6301.md?p=2) under this subchapter.
  - (2) In the event that the [employee](/usc/5/6301.md?p=2)’s [medical emergency](/usc/5/6331.md?p=4) terminates as described in [section 6335(a)(3)](/usc/5/6335.md?p=a-3)—
    - (A) any leave accrued but not yet transferred under this section shall not be credited to such [employee](/usc/5/6301.md?p=2); or
    - (B) if there remains, as of the date the emergency so terminates, any leave which became available to such [employee](/usc/5/6301.md?p=2) under [paragraph (1)(B)](#c-1-B), such leave shall cease to be available for any purpose.
- (d) Nothing in this section shall be considered to prevent, with respect to a continuing [medical emergency](/usc/5/6331.md?p=4), further transfers of leave for use after leave accrued under this section has been exhausted by the [employee](/usc/5/6301.md?p=2).

## Source credit

(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2837; amended Pub. L. 103–103, § 4, Oct. 8, 1993, 107 Stat. 1022.)

## Notes

### Editorial Notes

### Amendments

1993—Subsecs. (c), (d). Pub. L. 103–103 amended subsec. (c) generally and added subsec. (d). Prior to amendment, subsec. (c) read as follows:

“(1) Any annual or sick leave accrued by an employee under this section shall be transferred to the appropriate leave account of such employee under subchapter I, effective as of the beginning of the first applicable pay period beginning after the date on which the employee’s medical emergency terminates as described in paragraph (1) or (2) of section 6335(a).

“(2) If the employee’s medical emergency terminates as described in section 6335(a)(3), no leave shall be credited to such employee under this section.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 1993 Amendment

Amendment by Pub. L. 103–103 effective as of the 120th day after Oct. 8, 1993, or such earlier date as the Office of Personnel Management may by regulation prescribe, see section 6 of Pub. L. 103–103, set out as a note under section 6331 of this title.