§717 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may not put a covered individual on paid administrative leave or any other paid time off that does not count against their leave for more than 14 days in any 365-day period. The Secretary can make an exception and extend that leave only after sending a detailed written explanation to the Committees on Veterans’ Affairs of the Senate and House of Representatives. The explanation must say why the person was placed on leave, why the leave is being extended, and include the person’s job title, grade, and work location. Covered individual means a Department employee who is either being investigated to decide on discipline or who has proposed or started disciplinary action against them.

Title 38, §717

Veterans' Benefits — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), the Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period.

(b)The Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under subsection (a) if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the job title and grade of the covered individual and the location where the individual is employed.

(c)In this section, the term “covered individual” means an employee of the Department—

(1)who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or

(2)against whom any disciplinary action is proposed or initiated under this title or title 5.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 717 and 718 were renumbered section 1917 and 1918 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 114–315, title V, § 503(b), Dec. 16, 2016, 130 Stat. 1568, provided that: “Section 717 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to any 365-day period beginning on or after the date of enactment of this Act [Dec. 16, 2016].”

§717 Limitation on administrative leave