---
kind: "section"
citation: "5 U.S.C. § 6367"
title: "5"
title_heading: "Government Organization and Employees"
number: "6367"
heading: "Receipt and use of leave from a leave bank"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6367"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 63 — Leave"
  - "Subchapter IV — Voluntary Leave Bank Program"
---

# §6367. Receipt and use of leave from a leave bank

- (a) An application to receive contributions of leave from a [leave bank](/usc/5/6361.md?p=3), whether submitted by or on behalf of an [employee](/usc/5/6301.md?p=2)—
  - (1) shall be submitted to the [Leave Bank](/usc/5/6361.md?p=3) [Board](/usc/5/8401.md?p=5) of the employing [agency](/usc/5/3132.md?p=a-1) of the proposed [leave recipient](/usc/5/6361.md?p=5); and
  - (2) shall include—
    - (A) the name, [position](/usc/5/5102.md?p=a-3) title, and [grade](/usc/5/5102.md?p=a-5) or [pay](/usc/5/7511.md?p=a-4) level of the proposed [leave recipient](/usc/5/6361.md?p=5);
    - (B) the reasons why leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate frequency of the [medical emergency](/usc/5/6361.md?p=6) involved;
    - (C) if such [Board](/usc/5/8401.md?p=5) so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under [subparagraph (B)](#a-2-B); and
    - (D) any other information which such [Board](/usc/5/8401.md?p=5) may reasonably require.

    If a [Board](/usc/5/8401.md?p=5) requires that an [employee](/usc/5/6301.md?p=2) obtain certification under [paragraph (2)(C)](#a-2-C) from 2 or more sources, the [agency](/usc/5/3132.md?p=a-1) shall ensure, either by direct payment to the expert involved or by reimbursement, that the [employee](/usc/5/6301.md?p=2) is not required to [pay](/usc/5/7511.md?p=a-4) for the expenses associated with obtaining certification from more than 1 of such sources.

- (b) The [Leave Bank](/usc/5/6361.md?p=3) [Board](/usc/5/8401.md?p=5) of an employing [agency](/usc/5/3132.md?p=a-1) may approve an application submitted under [subsection (a)](#a).
- (c) A [leave recipient](/usc/5/6361.md?p=5) may use annual leave received from the [leave bank](/usc/5/6361.md?p=3) established by the employing [agency](/usc/5/3132.md?p=a-1) of such [employee](/usc/5/6301.md?p=2) under this subchapter in the same manner and for the same purposes as if such [leave recipient](/usc/5/6361.md?p=5) had accrued such leave under [section 6303](/usc/5/6303.md), except that any annual leave and, if applicable, any sick leave accrued or accumulated to the [leave recipient](/usc/5/6361.md?p=5) shall be used before any leave from the [leave bank](/usc/5/6361.md?p=3) may be used.
- (d) Transferred annual leave—
  - (1) may accumulate without regard to any limitation under [section 6304](/usc/5/6304.md); and
  - (2) may be substituted retroactively for any period of leave without [pay](/usc/5/7511.md?p=a-4), or used to liquidate an indebtedness for any period of advanced leave, which began on or after a date fixed by the employing [agency](/usc/5/3132.md?p=a-1) of the [employee](/usc/5/6301.md?p=2) as the beginning of the [medical emergency](/usc/5/6361.md?p=6) involved.
- (e) Except to the extent that the [Office](/usc/5/5402.md?p=3) of Personnel Management may prescribe regulations, nothing in the provisions of [section 7351](/usc/5/7351.md) shall apply to any solicitation, contribution, or use of leave to or from a [leave bank](/usc/5/6361.md?p=3) under this subchapter.

## Source credit

(Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2841.)