(a) Subject to the provisions of section 582 of this title all officers and employees of the Government of the United States Virgin Islands, regardless of their tenure, in addition to any accrued leave, shall be entitled to 26 days annual leave, each calendar year exclusive of Sundays and holidays. The part unused in any year shall be accumulated for succeeding years until it totals not exceeding 60 days. No money shall be paid in lieu of leave. Every officer and employee of the Government of the United States Virgin Islands shall be credited for accrued or accumulated sick leave and annual leave upon his transfer from one agency, commission, authority, department, or branch of local government to any other agency, commission, authority, department, or branch, including transfers to or from independent instrumentalities or agencies of such government.
(b) The annual leave authorized by this section shall be granted at times prescribed by the heads of the departments and agencies of government: Provided, That every effort shall be made to allow annual leaves due when requested by employees.
(c) The annual leave authorized by this section shall not be granted to employees of the Department of Education, such as (but not limited to) teachers, school lunch workers, school nurses, and all such other personnel of the Department as determined by the Commissioner thereof from time to time, with the approval of the Governor, the nature of whose services require performance primarily in relation to the operation of the school system during the school year. The Commissioner of Education shall keep the Commissioner of Finance and the Director of Personnel currently advised as to all such positions within the Department of Education. All such employees shall be entitled to pay for established school vacations in lieu of the annual leave authorized by this section.
(d) In cases where a school teacher resigns or is separated from the government service or is placed on a leave without pay status he shall be entitled to receive compensation in lump sum for the school vacation period. The lump sum compensation shall be calculated so that a school teacher will receive pay for school vacation in proportion to that part of the school year he has been carried on a pay status.
(e) Any employee who has accumulated any unused annual leave at the end of a calendar year in excess of that allowed by subsection (a) to be accumulated for succeeding years, shall be entitled for retirement purposes only to “service credit for forfeited annual leave”. Any member of the Government Employees Retirement System having “service credit for forfeited annual leave” at the date of retirement shall have such service credit applied toward the service retirement annuity to which the member may be entitled.