Administrative Leave, Rehiring Bills Pass

The House has passed two bills to tighten federal employee disciplinary policies, one focusing on extensive use of paid leave pending disciplinary actions and the other on employees who resign rather than face such charges. HR-4359 generally prohibits placing an employee on administrative leave, or any other paid non-duty status without charge to leave, for more than 14 total days for reasons relating to conduct or performance. If the investigation isn’t finished within that time, the employee could be assigned to different duties and/or to telework. However, if the employee would be a threat to safety, property or the agency mission even with such changes, the leave period be extended in 30-day increments—although detailed reports to Congress would be required. The second bill, HR-4360, would require that if an employee resigned while under investigation for conduct or performance reasons and the investigation afterward made a finding against that person, the finding would have to be recorded in the person’s Official Personnel Folder. The agency would have to attempt to notify the person and MSPB appeal rights would apply as they would for an active employee in a similar situation. Also, agencies would have to review OPFs of former federal employees they are considering hiring. The votes follow House approval last week of HR-1206, to bar the IRS from rehiring those it formerly fired on conduct or performance grounds, as well as HR-3724, to require the parent Treasury Department to certify that all IRS employees are current on their own taxes, and HR-4890, to ban all IRS employees from getting performance award payments until the agency implements a plan to bring customer service up to certain levels.