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U.S. Code as of:
01/19/04
Section 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.
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