5 U.S.C. § 6329a — Administrative leave
submitted 10 years ago by Pub. L. 114-328 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 322 words · no verdicts yet
This section defines administrative leave, agency, and employee, permits an agency to grant up to 10 workdays of administrative leave in a calendar year, and requires separate records. OPM and agencies must issue or revise policies, and the rule applies to specified title 38 employees.
(a) Definitions. (1) “Administrative leave” is leave without loss or reduction of pay, otherwise available leave, or service credit that is not authorized by another law. (2) “Agency” means an Executive agency as defined in section 105, includes the Department of Veterans Affairs, and excludes the Government Accountability Office. (3) “Employee” has section 2105’s meaning but excludes an intermittent employee without an established regular tour during the administrative workweek.
(b) Administrative leave. (1) In a calendar year, an agency may place an employee on administrative leave for no more than 10 workdays total. (2) The agency must record it separately from leave authorized by another law.
(c) Regulations. (1) Within 270 calendar days after enactment, the OPM Director must issue regulations carrying out this section and guidance on acceptable uses and proper recording of administrative leave and other legally authorized leave. (2) Within 270 calendar days after those regulations are issued, each agency must revise and implement its internal policies to meet this section.
(d) Relation to other laws. Despite section 7421(a) of title 38, this section applies to an employee described in section 7421(b).
In this section—
the term “administrative leave” means leave—
without loss of or reduction in—
pay;
leave to which an employee is otherwise entitled under law; or
credit for time or service; and
that is not authorized under any other provision of law;
the term “agency”—
means an Executive agency (as defined in section 105 of this title);
includes the Department of Veterans Affairs; and
does not include the Government Accountability Office; and
the term “employee”—
has the meaning given the term in section 2105; and
does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.
During any calendar year, an agency may place an employee in administrative leave for a period of not more than a total of 10 work days.
An agency shall record administrative leave separately from leave authorized under any other provision of law.
Not later than 270 calendar days after the date of enactment of this section, the Director of the Office of Personnel Management shall—
prescribe regulations to carry out this section; and
prescribe regulations that provide guidance to agencies regarding—
acceptable agency uses of administrative leave; and
the proper recording of—
administrative leave; and
other leave authorized by law.
Not later than 270 calendar days after the date on which the Director of the Office of Personnel Management prescribes regulations under paragraph (1), each agency shall revise and implement the internal policies of the agency to meet the requirements of this section.
Notwithstanding subsection (a) of section 7421 of title 38, this section shall apply to an employee described in subsection (b) of that section.
Source credit: (Added Pub. L. 114–328, div. A, title XI, § 1138(c)(1), Dec. 23, 2016, 130 Stat. 2461.)
- 2016Enacted · Pub. L. 114-328 · 130 Stat. 2461
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.
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