§ 904. — Leave.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC904]
TITLE 20--EDUCATION
CHAPTER 25--PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS
Sec. 904. Leave
(a) Entitlement; amount
Subject to the regulations prescribed and issued by the Secretary of
Defense under section 902 of this title, each teacher (other than an
individual employed as a substitute teacher) shall be entitled to
cumulative leave, with pay, which shall accrue at the rate of one day
for each calendar month, or part thereof, of a school year, except that
if the school year includes more than eight months, any such teacher who
shall have served for the entire school year shall be entitled to ten
(or, if such teacher is employed in a supervisory position or higher,
not less than ten and not more than thirteen) days of cumulative leave
with pay.
(b) Saturdays, Sundays, holidays, and nonwork days
Saturdays, Sundays, regularly scheduled holidays, and other
administratively authorized nonwork days shall not be considered to be
days of leave for the purposes of subsection (a) of this section.
(c) Purposes for taking leave
Subject to the regulations prescribed and issued by the Secretary of
Defense, leave earned by any teacher under subsection (a) of this
section may be used by such teacher--
(1) for maternity purposes,
(2) in the event of the illness of such teacher,
(3) in the event of illness, contagious disease, or death in the
immediate family of such teacher, and
(4) in the event of any personal emergency.
If appropriate advance notice is given of the intended absence of a
teacher, not to exceed three days of such leave may be granted for any
purpose in each school year to such teacher.
(d) Credit for persons holding teaching positions and for employees
transferred, promoted or reappointed
Any individual--
(1) who is holding a position which is determined to be a
teaching position, or
(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia who is transferred,
promoted, or reappointed, without break in service, from a position
under a different leave system to a teaching position,
shall be credited, for the purposes of the leave system provided by this
section, with the annual and sick leave to his credit immediately prior
to the effective date of such determination, transfer, promotion, or
reappointment. Sick leave so credited shall be included in the leave
provided for in subsection (a) of this section. Annual leave so credited
shall not be included in the leave provided for in such subsection but
shall be used under regulations which shall be prescribed by the
Secretary of Defense.
(e) Excess of maximum amount of accumulated leave; reduction
In any case in which the amount of sick leave, which is to the
credit of any individual under a different leave system immediately
prior to the date on which he becomes subject as a teacher to the leave
system provided by this section and which is included in the leave
provided for in subsection (a) of this section, is in excess of the
maximum amount of accumulated leave allowable under subparagraph (2) of
such subsection, such excess shall remain to the credit of such teacher
until used, but the use during any leave year of an amount in excess of
the aggregate amount which shall have accrued during such year shall
reduce automatically the maximum allowable amount of accumulated leave
at the beginning of the next leave year until such amount no longer
exceeds the maximum amount allowable under subparagraph (2) of
subsection (a) of this section.
(f) Liquidation of unused leave upon separation
Any annual leave remaining, upon his separation from the service, to
the credit of an individual within the purview of this section shall be
liquidated in accordance with section 5551 of title 5, except that leave
earned or included under subsection (a) of this section shall not be
liquidated.
(g) Transfer of leave credit for teachers transferred, promoted or
reappointed to positions under different leave system
In the case of any teacher who is transferred, promoted, or
reappointed, without break in service, to a position under a different
leave system, the annual leave, and any other leave earned or credited
under this section, which is to his credit immediately prior to such
transfer, promotion, or reappointment, shall be transferred to his
credit in the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Director of the Office of
Personnel Management.
(h) Voluntary leave transfer and bank programs
The Director of Dependents' Education, in consultation with the
Director of the Office of Personnel Management--
(1) shall establish for teachers a voluntary leave transfer
program similar to the one under subchapter III of chapter 63 of
title 5; and
(2) may establish for teachers a voluntary leave bank program
similar to the one under subchapter IV of chapter 63 of title 5.
Only leave described in the last sentence of subsection (c) of this
section (relating to leave that may be used by a teacher for any
purpose) may be transferred under any program established under this
subsection.
(Pub. L. 86-91, Sec. 6, July 17, 1959, 73 Stat. 214; 1978 Reorg. Plan
No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub.
L. 98-369, div. B, title II, Sec. 2204, July 18, 1984, 98 Stat. 1059;
Pub. L. 103-425, Sec. 1, Oct. 31, 1994, 108 Stat. 4369.)
Codification
In subsec. (f), ``section 5551 of title 5'' substituted for ``the
Act of December 21, 1944 (5 U.S.C. 61b and the following)'' on authority
of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and Employees.
Section was formerly classified to section 2354 of Title 5 prior to
the general revision and enactment of Title 5 by Pub. L. 89-554, Sec. 1,
Sept. 6, 1966, 80 Stat. 378.
Amendments
1994--Subsec. (a). Pub. L. 103-425, Sec. 1(1), inserted ``(or, if
such teacher is employed in a supervisory position or higher, not less
than ten and not more than thirteen)'' after ``ten''.
Subsec. (d). Pub. L. 103-425, Sec. 1(2), substituted ``Secretary of
Defense'' for ``Secretary of the military department concerned'' in
concluding provisions.
Subsec. (h). Pub. L. 103-425, Sec. 1(3), added subsec. (h).
1984--Subsec. (a). Pub. L. 98-369 struck out provisions which had
directed that not more than seventy-five days of leave could be
accumulated to the credit of a teacher at any one time under this
subsection.
Transfer of Functions
``Director of the Office of Personnel Management'' substituted for
``United States Civil Service Commission'' in subsec. (g), pursuant to
Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set
out under section 1101 of Title 5, Government Organization and
Employees, which transferred functions vested by statute in Civil
Service Commission to Director of Office of Personnel Management (except
as otherwise specified), effective Jan. 1, 1979, as provided by section
1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under
section 1101 of Title 5.
Section Referred to in Other Sections
This section is referred to in title 22 section 3671.
