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§ 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.



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