H.R. 4359, Administrative Leave Reform Act

H.R. 4359

Administrative Leave Reform Act

Date
April 26, 2016 (114th Congress, 2nd Session)

Staff Contact
Robert Goad

Floor Situation

On Tuesday, April 26, 2016, the House will consider H.R. 4359, the Administrative Leave Reform Act, under suspension of the rules.  The resolution was introduced on January 11, 2016 by Rep. Jason Chaffetz (R-UT) and was referred to the Committee on Oversight and Government Reform, which ordered the bill reported, as amended, by unanimous consent on March 1, 2016.

Bill Summary

H.R. 4359 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. In addition, no individual will be eligible for additional extensions of administrative leave more than 30 days after the completion of the last investigation into the individual.

 

Background

Currently, there is little uniformity across the federal government in how administrative leave is used. This legislation creates a standard process for the use of administrative leave in cases of misconduct and poor performance, which will help curb the abuses of administrative leave within the federal government. 

In general, the legislation creates a 14-day cap on administrative leave when employees are being placed on administrative leave for reasons related to misconduct or poor performance, except under certain circumstances. In these exception cases, the legislation permits agencies to make 30-day extensions of administrative leave beyond the 14-day limit.  For each extension that an agency makes beyond the initial 30-day extension, the agency must provide a report to the appropriate congressional committees with details about the individual, the nature of the individual’s position, an explanation for why the individual is on administrative leave, why the individual could not telework or be reassigned, and the status of any pending investigation.  Further, the entity conducting the investigation must certify within the report that the investigation is ongoing and requires additional time.  In Addition, no individual will be eligible for additional extensions of administrative leave more than 30 days after the completion of the last investigation into the individual.

 

Cost

The Congressional Budget Office (CBO) estimates that implementing the legislation would have no effect on the federal budget. Because enacting the bill would not affect direct spending or revenues, pay-as-you-go procedures do not apply.

Additional Information

For questions or further information please contact Rob Goad with the House Republican Policy Committee by email or at 6-1831.