Page:United States Statutes at Large Volume 102 Part 3.djvu/889

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PUBLIC LAW 100-566—OCT. 31, 1988

102 STAT. 2841

"(b)(1) An employee shall contribute the minimum number of hours required under subsection (a)(2)(A), if such employee is an employee— "(A) for less than 3 years of service and contributes a minimum of 4 hours; "(B) for between 3 years and less than 15 years of service and contributes a minimum of 6 hours; or "(C) for 15 years or more of service and contributes a minimum of 8 hours. "(2) Notwithstanding the provisions of paragraph (1), the Leave Bank Board of an agency, after consultation with the Office of Personnel Management, may— "(A) reduce the minimum number of hours required under paragraph (1) for any leave year, if such Board determines there is a surplus of leave in the leave bank; and "(B) increase the number of minimum hours required under paragraph (1) for the succeeding leave year, in any leave year in which the Board determines there is a shortage of leave in the leave bank. "(c) An employee shall meet the requirements of subsection (a)(2)(A) if such employee contributes the minimum number of hours as required under subsection (b) of accrued or accumulated annual leave to the leave bank with which such employee submits an application to be a leave recipient under section 6367(a). "(d) The provisions of subsection (a) may not be construed to limit the amount of the voluntary contribution of annual leave to a leave bank, which does not exceed the limitations of section 6365(b). "§ 6367. Receipt and use of leave from a leave bank "(a) An application to receive contributions of leave from a leave bank, whether submitted by or on behalf of an employee— "(1) shall be submitted to the Leave Bank Board of the employing agency of the proposed leave recipient; and "(2) shall include— "(A) the name, position title, and grade or pay level of the proposed leave recipient; "(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 involved; "(C) if such Board so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under subparagraph (B); and "(D) any other information which such Board may reasonably require. If a Board requires that an employee obtain certification under paragraph (2)(C) from 2 or more sources, the agency shall ensure, either by direct payment to the expert involved or by reimbursement, that the employee is not required to pay for the expenses associated with obtaining certification from more than 1 of such sources. "(b) The Leave Bank Board of an employing agency may approve an application submitted under subsection (a). "(c) A leave recipient may use annual leave received from the leave bank established by the employing agency of such employee under this subchapter in the same manner and for the same purposes as if such leave recipient had accrued such leave under section

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