[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3028 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3028

 To amend title 5, United States Code, to permit the transfer of sick 
       leave in leave-transfer programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2011

  Mr. Moran (for himself, Mr. Wolf, Mr. Connolly of Virginia, Mr. Van 
  Hollen, and Mr. Sarbanes) introduced the following bill; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
 To amend title 5, United States Code, to permit the transfer of sick 
       leave in leave-transfer programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees Leave Transfer Act 
of 2011''.

SEC. 2. AUTHORITY TO TRANSFER SICK LEAVE.

    (a) Direct Transfers of Leave.--
            (1) In general.--Subchapter III of chapter 63 of title 5, 
        United States Code, is amended by inserting after section 6338 
        the following:
``Sec. 6338a. Sick leave
    ``(a) The Office of Personnel Management shall by regulation modify 
the program established under the preceding provisions of this 
subchapter so as to permit, in addition to annual leave, the transfer 
and use of sick leave.
    ``(b) To the extent feasible, the terms and conditions governing 
the transfer and use of sick leave under the regulations shall be the 
same as those governing the transfer and use of annual leave under the 
preceding provisions of this subchapter, subject to the following:
            ``(1) Sick leave may not be transferred or used in 
        connection with any purpose for which accrued sick leave could 
        not be used by the leave recipient under subchapter I.
            ``(2) Sick leave received under this subchapter--
                    ``(A) may not be used before the exhaustion 
                requirement under section 6333(b) has been met; and
                    ``(B) shall not (for restoration purposes, if 
                applicable) be considered to have been used before all 
                transferred annual leave has been exhausted.
            ``(3) Nothing in this section shall affect the maximum 
        amount of sick leave or annual leave which may be accrued by a 
        leave recipient while using any leave received under this 
        subchapter in connection with a particular medical emergency.
            ``(4) An employee who donates sick leave pursuant to this 
        section shall not be conferred any benefit (including an 
        appointment, promotion, or compensation) in connection with 
        such donation.''.
            (2) Technical and conforming amendments.--
                    (A) Prohibition of coercion.--Section 6338(a) of 
                title 5, United States Code, is amended by striking 
                ``annual leave'' and inserting ``annual or sick 
                leave''.
                    (B) Excepted agencies.--Section 6339(b)(1) of such 
                title is amended--
                            (i) by striking ``annual leave accrued'' 
                        and inserting ``annual or sick leave accrued''; 
                        and
                            (ii) by striking ``annual leave account'' 
                        and inserting ``annual or sick leave account 
                        (as applicable)''.
                    (C) Table of contents.--The table of sections for 
                chapter 63 of title 5, United States Code, is amended 
                by inserting after the item relating to section 6338 
                the following:

``6338a. Sick leave.''.
    (b) Leave Bank Program.--
            (1) In general.--Subchapter IV of chapter 63 of title 5, 
        United States Code, is amended by inserting after section 6371 
        the following:
``Sec. 6371a. Sick leave
    ``(a) The Office of Personnel Management shall by regulation modify 
the program established under the preceding provisions of this 
subchapter so as to permit, in addition to annual leave, the 
contribution and use of sick leave.
    ``(b) To the extent feasible, the terms and conditions governing 
the contribution and use of sick leave under the regulations shall be 
the same as those governing the contribution and use of annual leave 
under the preceding provisions of this subchapter, subject to the 
following:
            ``(1) Sick leave may not be used in connection with any 
        purpose for which accrued sick leave could not be used by the 
        leave recipient under subchapter I.
            ``(2) Sick leave may be contributed instead of annual leave 
        in order to satisfy, in whole or in part, the requirements of 
        section 6366(a)(2)(A).
            ``(3) Sick leave received under this subchapter may not be 
        used before the exhaustion requirement under section 6367(c) 
        has been met.
            ``(4) Nothing in this section shall affect the maximum 
        amount of sick leave or annual leave which may be accrued by a 
        leave recipient while using leave received under this 
        subchapter in connection with a particular medical emergency.
            ``(5) An employee who donates sick leave pursuant to this 
        section shall not be conferred any benefit (including an 
        appointment, promotion, or compensation) in connection of such 
        donation.''.
            (2) Technical and conforming amendments.--
                    (A) Prohibition of coercion.--Section 6370(a) of 
                title 5, United States Code, is amended by striking 
                ``annual leave'' and inserting ``annual or sick 
                leave''.
                    (B) Excepted agencies.--Section 6372(c)(1) of such 
                title is amended by striking ``annual leave accrued'' 
                and inserting ``annual or sick leave accrued''.
                    (C) Table of contents.--The table of sections for 
                chapter 63 of title 5, United States Code, is amended 
                by inserting after the item relating to section 6371 
                the following:

``6371a. Sick leave.''.
    (c) Effective Date.--Regulations required to be prescribed by the 
Office of Personnel Management under the amendments made by this 
section shall become effective not later than 90 days after the date of 
enactment of such section.
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