5 U.S.C. § 6329b Investigative Leave and Notice Leave

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 5 U.S.C. § 6329b

(a) DEFINITIONS.-In this section-

(1) 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;

(2) the term "Chief Human Capital Officer" means-

(A) the Chief Human Capital Officer of an agency designated or appointed under section 1401; or

(B) the equivalent;

(3) the term "committees of jurisdiction", with respect to an agency, means each committee of the Senate or House of Representatives with jurisdiction over the agency;

(4) the term "Director" means the Director of the Office of Personnel Management;

(5) the term "employee"-

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

(B) does not include-

(i) an intermittent employee who does not have an established regular tour of duty during the administrative workweek; or

(ii) the Inspector General of an agency;

(6) the term "investigative entity" means-

(A) an internal investigative unit of an agency granting investigative leave under this section;

(B) the Office of Inspector General of an agency granting investigative leave under this section;

(C) the Attorney General; and

(D) the Office of Special Counsel;

(7) the term "investigative 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;

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

(C) in which an employee who is the subject of an investigation is placed;

(8) the term "notice 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;

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

(C) in which an employee who is in a notice period is placed; and

(9) the term "notice period" means a period beginning on the date on which an employee is provided notice required under law of a proposed adverse action against the employee and ending on the date on which an agency may take the adverse action.

(b) LEAVE FOR EMPLOYEES UNDER INVESTIGATION OR IN A NOTICE PERIOD.-

(1) AUTHORITY.-An agency may, in accordance with paragraph (2), place an employee in-

(A) investigative leave if the employee is the subject of an investigation;

(B) notice leave if the employee is in a notice period; or

(C) notice leave following a placement in investigative leave if, not later than the day after the last day of the period of investigative leave-

(i) the agency proposes or initiates an adverse action against the employee; and

(ii) the agency determines that the employee continues to meet 1 or more of the criteria described in paragraph (2)(A).

(2) REQUIREMENTS.-An agency may place an employee in leave under paragraph (1) only if the agency has-

(A) made a determination with respect to the employee that the continued presence of the employee in the workplace during an investigation of the employee or while the employee is in a notice period, as applicable, may-