Language in the DoD authorization bill (S-2943) passed by Congress creates a new “investigative leave” as a carve-out of administrative leave, although the changes might not be in effect some time. The bill incorporates language from separate measures that had passed the House and the Senate committee level that but never reached final enactment as stand-alone legislation. It gives OPM up to 270 days to issue rules on acceptable use of administrative leave–including for routine purposes such as weather- or safety-related reasons–and gives agencies up to another 270 days to change their records systems to better account for such leave. In general, employees under investigation could be put on investigative leave no more than 10 work days a year, and only if the agency determined that the employee’s continued presence at work would represent a threat to other employees, property or other government interests. Also, the agency would have to consider assigning the employee to other duties, using unpaid leave, allowing the employee to use other forms of paid leave, or requiring the employee to telework. Under limited circumstances, investigative leave could be extended in up to 30-day segments up to three times during an investigation. Afterward, the agency would have to return the employee to work or take disciplinary action. Employees would receive various notice rights and placement on investigative leave for more than 70 days would be appealable as a form of retaliation under whistleblower protection law. Paid “notice leave” would be available for up to the period of the notice of a pending disciplinary action, within the same guidelines applying to grants of investigative leave.
|TSP||G Fund||F Fund||C Fund||S Fund||I Fund|