---
kind: "section"
citation: "5 U.S.C. § 6366"
title: "5"
title_heading: "Government Organization and Employees"
number: "6366"
heading: "Eligibility for leave recipients"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6366"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 63 — Leave"
  - "Subchapter IV — Voluntary Leave Bank Program"
---

# §6366. Eligibility for leave recipients

- (a) An [employee](/usc/5/6301.md?p=2) is [eligible](/usc/5/4701.md?p=a-3) to be a [leave recipient](/usc/5/6361.md?p=5) if such [employee](/usc/5/6301.md?p=2)—
  - (1) experiences a [medical emergency](/usc/5/6361.md?p=6) and submits an application pursuant to [section 6367(a)](/usc/5/6367.md?p=a); and
  - (2)
    - (A) contributes the minimum number of hours as required under [subsection (b)](#b) of accrued or accumulated annual leave to the [leave bank](/usc/5/6361.md?p=3) of the employing [agency](/usc/5/3132.md?p=a-1) of such [employee](/usc/5/6301.md?p=2), in the leave year (beginning in and including any part of a leave year in which such [leave bank](/usc/5/6361.md?p=3) is established) that such [employee](/usc/5/6301.md?p=2) submits an application to be a [leave recipient](/usc/5/6361.md?p=5) under [section 6367(a)](/usc/5/6367.md?p=a); and
    - (B) such contribution is made before such [employee](/usc/5/6301.md?p=2) submits an application under [section 6367(a)](/usc/5/6367.md?p=a).
- (b)
  - (1) An [employee](/usc/5/6301.md?p=2) shall contribute the minimum number of hours required under [subsection (a)(2)(A)](#a-2-A), if such [employee](/usc/5/6301.md?p=2) is an [employee](/usc/5/6301.md?p=2)—
    - (A) for less than 3 years of [service](/usc/5/8401.md?p=26) and contributes a minimum of 4 hours;
    - (B) for between 3 years and less than 15 years of [service](/usc/5/8401.md?p=26) and contributes a minimum of 6 hours; or
    - (C) for 15 years or more of [service](/usc/5/8401.md?p=26) and contributes a minimum of 8 hours.
  - (2) Notwithstanding the provisions of [paragraph (1)](#b-1), the [Leave Bank](/usc/5/6361.md?p=3) [Board](/usc/5/8401.md?p=5) of an [agency](/usc/5/3132.md?p=a-1), after consultation with the [Office](/usc/5/5402.md?p=3) of Personnel Management, may—
    - (A) reduce the minimum number of hours required under [paragraph (1)](#b-1) for any leave year, if such [Board](/usc/5/8401.md?p=5) determines there is a surplus of leave in the [leave bank](/usc/5/6361.md?p=3); and
    - (B) increase the number of minimum hours required under [paragraph (1)](#b-1) for the succeeding leave year, in any leave year in which the [Board](/usc/5/8401.md?p=5) determines there is a shortage of leave in the [leave bank](/usc/5/6361.md?p=3).
- (c) An [employee](/usc/5/6301.md?p=2) shall meet the requirements of [subsection (a)(2)(A)](#a-2-A) if such [employee](/usc/5/6301.md?p=2) contributes the minimum number of hours as required under [subsection (b)](#b) of accrued or accumulated annual leave to the [leave bank](/usc/5/6361.md?p=3) with which such [employee](/usc/5/6301.md?p=2) submits an application to be a [leave recipient](/usc/5/6361.md?p=5) under [section 6367(a)](/usc/5/6367.md?p=a).
- (d) The provisions of [subsection (a)](#a) may not be construed to limit the amount of the voluntary contribution of annual leave to a [leave bank](/usc/5/6361.md?p=3), which does not exceed the limitations of [section 6365(b)](/usc/5/6365.md?p=b).

## Source credit

(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2840.)