5 U.S.C. § 6329a Administrative Leave

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(a) DEFINITIONS.-In this section-

(1) the term "administrative leave" means leave-

(A) without loss of or reduction in-

(i) pay;

(ii) leave to which an employee is otherwise entitled under law; or

(iii) credit for time or service; and

(B) that is not authorized under any other provision of law;

(2) the term "agency"-

(A) means an Executive agency (as defined in section 105 of this title);

(B) includes the Department of Veterans Affairs; and

(C) does not include the Government Accountability Office; and

(3) the term "employee"-

(A) has the meaning given the term in section 2105; and

(B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.

(b) ADMINISTRATIVE LEAVE.-

(1) IN GENERAL.-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.

(2) RECORDS.-An agency shall record administrative leave separately from leave authorized under any other provision of law.

(c) REGULATIONS.-

(1) OPM REGULATIONS.-Not later than 270 calendar days after the date of enactment of this section, the Director of the Office of Personnel Management shall-

(A) prescribe regulations to carry out this section; and

(B) prescribe regulations that provide guidance to agencies regarding-

(i) acceptable agency uses of administrative leave; and

(ii) the proper recording of-

(I) administrative leave; and

(II) other leave authorized by law.

(2) AGENCY ACTION.-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.

(d) RELATION TO OTHER LAWS.-Notwithstanding subsection (a) of section 7421 of title 38, this section shall apply to an employee described in subsection (b) of that section.

Cite as 5 U.S.C. § 6329a

Source: Added Pub. L. 114-328, div. A, title XI, §1138(c)(1), Dec. 23, 2016, 130 Stat. 2461.

Notes from the Office of Law Revision Counsel

current through 8/1/2023

EDITORIAL NOTES

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 114-328 which was approved Dec. 23, 2016.

STATUTORY NOTES AND RELATED SUBSIDIARIES

SENSE OF CONGRESS

Pub. L. 114-328, div. A, title XI, §1138(b), Dec. 23, 2016, 130 Stat. 2460, provided that: "It is the sense of Congress that-