5 U.S.C. § 5552
Section 5552 · Lump-sum payment for accumulated and accrued leave on entering active duty; election
This is the Administrative Procedure Act of 1946
Amended 1 time on record
Applied in 1 court decisions — leading case 496 F. Supp. 360 - Crowley v. Muskie (1980)
Most recently applied in 496 F. Supp. 360 - Crowley v. Muskie (May 1980)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
An employee as defined by section 2105 of this title or an individual employed by a territory or possession of the United States or the government of the District of Columbia who enters on active duty in the armed forces is entitled to—
(1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with section 5551 of this title; or
(2) elect to have the leave remain to his credit until his return from active duty.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Apr. 7, 1942, ch. 220, 56 Stat. 200. The words “An employee as defined by section 2105 of this title” are coextensive with and substituted for “Employees of the United States Government, . . . (including employees of any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress)”.
The words “subsequent to May 1, 1940” are omitted as obsolete. The words “active duty in the armed forces” and “active duty” are substituted for “active military or naval service in the land or naval forces of the United States” and “active military or naval service”, respectively, on authority of the National Security Act of 1947, 61 Stat. 495, as amended. The words “by voluntary enlistment or otherwise” are omitted as unnecessary.
In paragraph (1), the words “in accordance with section 5551 of this title” are added on authority of former section 61b, which is carried into section 5551.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.