---
kind: "section"
citation: "5 U.S.C. § 9812"
title: "5"
title_heading: "Government Organization and Employees"
number: "9812"
heading: "Annual leave enhancements"
release: "119-102"
url: "https://uscodex.org/usc/5/9812"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 98 — National Aeronautics and Space Administration"
---

# §9812. Annual leave enhancements

- (a) In this section—
  - (1) the term “newly appointed employee” means an individual who is first appointed—
    - (A) as an [employee](/usc/5/9801.md?p=4) of the Federal Government; or
    - (B) as an [employee](/usc/5/9801.md?p=4) of the Federal Government following a break in [service](/usc/5/8331.md?p=12) of at least 90 days after that individual’s last period of Federal employment, other than—
      - (i) employment under the Student Educational Employment Program administered by the Office of Personnel Management;
      - (ii) employment as a law clerk trainee;
      - (iii) employment under a short-term temporary appointing [authority](/usc/5/7103.md?p=a-6) while a student during periods of vacation from the educational institution at which the student is enrolled;
      - (iv) employment under a provisional appointment if the new appointment is permanent and immediately follows the provisional appointment; or
      - (v) employment under a temporary appointment that is neither full-time nor the principal employment of the individual;
  - (2) the term “period of qualified non-Federal service” means any period of [service](/usc/5/8331.md?p=12) performed by an individual that—
    - (A) was performed in a [position](/usc/5/5531.md?p=2) the duties of which were [directly related to the duties of the position](#a-3) in the [Administration](/usc/5/9801.md?p=1) which that individual will fill as a [newly appointed employee](#a-1); and
    - (B) except for this section, would not otherwise be [service](/usc/5/8331.md?p=12) performed by an [employee](/usc/5/9801.md?p=4) for purposes of [section 6303](/usc/5/6303.md); and
  - (3) the term “directly related to the duties of the position” means duties and responsibilities in the same line of work which require similar qualifications.
- (b)
  - (1) For purposes of [section 6303](/usc/5/6303.md), the [Administrator](/usc/5/9801.md?p=2) may deem a [period of qualified non-Federal service](#a-2) performed by a [newly appointed employee](#a-1) to be a period of [service](/usc/5/8331.md?p=12) of equal length performed as an [employee](/usc/5/9801.md?p=4).
  - (2) A decision under [paragraph (1)](#b-1) to treat a [period of qualified non-Federal service](#a-2) as if it were [service](/usc/5/8331.md?p=12) performed as an [employee](/usc/5/9801.md?p=4) shall continue to apply so long as that individual serves in or under the [Administration](/usc/5/9801.md?p=1).
- (c)
  - (1) Notwithstanding [section 6303(a)](/usc/5/6303.md?p=a), the annual leave accrual rate for an [employee](/usc/5/9801.md?p=4) of the [Administration](/usc/5/9801.md?p=1) in a [position](/usc/5/5531.md?p=2) paid under section [5376](/usc/5/5376.md) or [5383](/usc/5/5383.md), or for an [employee](/usc/5/9801.md?p=4) in an equivalent category whose rate of basic pay is greater than the rate payable at GS–15, step 10, shall be 1 day for each full biweekly pay period.
  - (2) The accrual rate established under this subsection shall continue to apply to the [employee](/usc/5/9801.md?p=4) so long as such [employee](/usc/5/9801.md?p=4) serves in or under the [Administration](/usc/5/9801.md?p=1).

## Source credit

(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 472.)

## Notes

### Editorial Notes

### References in Text

GS–15, referred to in subsec. (c)(1), is contained in the General Schedule, which is set out under section 5332 of this title.