H.R. 4359

Administrative Leave Reform Act

(Sec. 2) This bill prohibits placing a federal 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 misconduct or performance.

After an employee has been placed on administrative leave for 14 days, the employing agency: (1) shall return the employee to duty status, utilizing telework if available, and assign the employee to duties if such employee is not a threat to safety, the agency mission, or government property; or (2) may place an employee who is found to be such a threat on extended administrative leave for additional periods of not more than 30 days each.

For any additional period of 30 days granted to the employee after the initial 30-day extension, the agency shall submit a report containing:

• the title, position, office or agency subcomponent, job series, pay grade, and salary of the employee;
• a description of the employee's work duties;
• the reason for the administrative leave;
• an explanation as to why the employee is such a threat;
• an explanation as to why the employee is not able to telework or be reassigned to another position within the agency;
• the status of any pending related investigation and a certification that such additional time is needed; and
• the results of a completed investigation and the reason that the employee remains on administrative leave.

An investigative entity must certify to the applicable agency that such additional time is needed and include an estimate of the length of such additional time.

An agency may not grant such additional period of administrative leave to an employee on or after 30 days following the completion of a related investigation.