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In 2016, bills were presented to the House and Senate which would have limited the paid leave time that could be granted for employees who were under investigation.
The bill in front of the House sought to limit “administrative leave” because investigations had found that agencies had used that form of leave routinely to keep employees off the job, although with full pay and benefits for months — and in some cases a year or more.
The bill sought to limit administrative leave to 14 days, after which the employee generally would have to return to work, even if the investigation were not complete.
If the agency decided that the employee would pose certain risks, even if assigned to different duties or to telecommuting, the leave could be extended for additional 30-day periods; however, reports to Congress would have been required each time.
Congress considered multiple measures to limit leave and measures focused on the way other disciplinary processes were conducted. These efforts resulted in big changes to the way employee discipline and investigations were handled. For more information, see this article in the Washington Post.
Melville Johnson, P.C. specializes in federal employment litigation and protecting the rights of federal employees. If you are a federal employee and have been subjected to an investigation for misconduct or performance, the federal employee attorneys at Melville Johnson, P.C. might be able to help.
Call or message us today using the form below to discuss your situation and to learn how we can assist you.
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