S-2450 : Still Just a Bill

Administrative Leave Act of 2016

This bill expresses the sense of Congress that federal agency use of administrative leave for personnel purposes has exceeded reasonable amounts.

The bill: (1) prohibits an agency from placing an employee in administrative leave for more than five consecutive days; (2) requires agencies to record administrative leave separately from other types of leave; (3) requires the Office of Personnel Management (OPM) to prescribe regulations with respect to acceptable agency uses of, and proper recording of, administrative leave and other leave authorized by law;  (4) directs agencies to revise and implement their internal policies to meet the requirements of this bill; and (5) requires OPM to report to specified congressional committees on agency use of administrative leave.

In lieu of administrative leave, agencies may place an employee in investigative or notice leave if the employee is under investigation or the target of an adverse action. An agency may not place an employee in investigative or notice leave unless the continued presence of the employee in the workplace may pose a threat or cause loss of, or damage to, government property. Before placing an employee on investigative or notice leave, an agency must consider other options, including reassigning the employee, allowing the employee to take available leave, allowing the employee to telework, or treating the employee as absent without leave.

Agencies may grant leave to employees who cannot report to work due to: (1) an act of God, (2) a terrorist attack, or (3) another condition that prevents such employees from safely traveling to or performing work at an approved location.

OPM must report to Congress within three years on whether agency policies comply with the requirements of this bill.