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38 U.S.C. § 717Limitation on administrative leave

submitted 10 years ago by Pub. L. 114-315 to r/title-38-VETERANS-BENEFITS · 216 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section limits the Secretary’s placement of a covered individual on administrative leave or another type of paid non-duty status without charging leave to 14 total days in any 365-day period. The Secretary may waive that limit and extend the status only by submitting a detailed explanation to the Senate and House Committees on Veterans’ Affairs, including specified information.

(a) In General. Except as provided in subsection (b), the Secretary may not place a covered individual on administrative leave, or on any other type of paid non-duty status without charging leave, for more than 14 total days during any 365-day period. (b) Waiver. The Secretary may waive the limit in subsection (a) and extend the administrative leave or other paid non-duty status without charging leave for a covered individual placed on that leave or status under subsection (a). To do so, the Secretary must submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of— • why the individual was placed on administrative leave or other paid non-duty status without charging leave; and • why that leave or status is being extended. The explanation must include the covered individual’s job title and grade and the location where the individual works. (c) Covered Individual. In this section, “covered individual” means an employee of the Department— (1) who is under investigation to determine whether the employee should face disciplinary action under this title or title 5; or (2) against whom disciplinary action is proposed or has been started under this title or title 5.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Except as provided in subsection (b), the Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period.

(b)Waiver.—

The Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under subsection (a) if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the job title and grade of the covered individual and the location where the individual is employed.

(c)Covered Individual.—

In this section, the term “covered individual” means an employee of the Department

(1)

who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or

(2)

against whom any disciplinary action is proposed or initiated under this title or title 5.

Source credit: (Added Pub. L. 114–315, title V, § 503(a)(1), Dec. 16, 2016, 130 Stat. 1568.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-315 · 130 Stat. 1568

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-315 on 2016-12-16.

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