Title 5 › PART III — EMPLOYEES › Subpart E — Attendance and Leave › CHAPTER 63 — LEAVE › SUBCHAPTER II — OTHER PAID LEAVE › § 6329b
Agencies may put an employee on paid leave during an investigation or during the legal notice period before a proposed adverse action. The agency must decide that the employee’s presence could be dangerous, could destroy evidence, could damage government property, or could otherwise harm government interests. Before using this leave the agency must try other options like reassigning the employee, letting the employee use regular leave, marking the employee as absent without leave if appropriate, or shortening a notice period when a crime is suspected. Investigative leave can follow an initial 10-work-day period and last up to 30 work days. An agency can approve extra 30-work-day extensions, but the first set of extra time can total no more than 90 work days. After that, the agency can grant further 30-work-day extensions only if an investigative body certifies more time is needed and the agency sends a report to certain congressional committees within 5 business days of each extension. Agencies must give the employee written notice about the leave, act by the day after a leave period ends (return to work, reassign, start an adverse action, or extend under the rules), keep records about the leave, and make records available to oversight committees and OPM. Guidance and regulations must be issued within 270 days. Placement on investigative leave for 70 or more work days counts as a personnel action for Special Counsel review. Definitions (one line each): “Agency” = most Executive agencies, includes VA, excludes GAO. “Chief Human Capital Officer” = agency HR lead or equivalent. “Committees of jurisdiction” = the Congressional committees that oversee the agency. “Director” = head of OPM. “Employee” = federal employee under section 2105, excluding certain intermittent workers and inspectors general. “Investigative entity” = internal investigators, OIG, Attorney General, or Office of Special Counsel. “Investigative leave” = paid leave used when an employee is the subject of an investigation. “Notice leave” = paid leave used during a legal notice period. “Notice period” = time from legal notice of a proposed adverse action until the agency may take the action.
Full Legal Text
Government Organization and Employees, Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 6329b
Title 5, Government Organization and Employees
Last Updated
Sep 22, 2026
Release point: 119-110