5 U.S.C. § 6329c — Weather and safety leave

Page 826 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6329c (e) CONSULTATION GUIDANCE.—Not later than 270 calendar days after the date of enactment of this section, the Council of the Inspectors Gen- eral on Integrity and Efficiency, in consultation with the Attorney General and the Special Counsel, shall issue guidance on best practices for consultation between an investigator and an agency on the need to place an employee in in- vestigative leave during an investigation of the employee, including during a criminal investiga- tion, because the continued presence of the em- ployee in the workplace during the investigation may— (1) pose a threat to the employee or others; (2) result in the destruction of evidence rel- evant to an investigation; (3) result in loss of or damage to Govern- ment property; or (4) otherwise jeopardize legitimate Govern- ment interests. (f) REPORTING AND RECORDS.— (1) IN GENERAL.—An agency shall keep a record of the placement of an employee in in- vestigative leave or notice leave by the agen- cy, including— (A) the basis for the determination made under subsection (b)(2)(A); (B) an explanation of why an action under clauses (i) through (iv) of subsection (b)(2)(B) was not appropriate; (C) the length of the period of leave; (D) the amount of salary paid to the em- ployee during the period of leave; (E) the reasons for authorizing the leave, including, if applicable, the recommendation made by an investigator under subsection (c)(1); (F) whether the employee is required to telework under section 6502(c) during the in- vestigation, including the reasons for requir- ing the employee to telework; and (G) the action taken by the agency at the end of the period of leave, including, if appli- cable, the granting of any extension of a pe- riod of investigative leave under subsection (c) or (d). (2) AVAILABILITY OF RECORDS.—An agency shall make a record kept under paragraph (1) available— (A) to any committee of jurisdiction, upon request; (B) to the Office of Personnel Manage- ment; and (C) as otherwise required by law, including for the purposes of the Administrative Leave Act of 2016 and the amendments made by that Act. (g) RECOURSE TO THE OFFICE OF SPECIAL COUN- SEL.—For purposes of subchapter II of chapter 12 and section 1221, placement on investigative leave under subsection (b) of this section for a period of not less than 70 work days shall be con- sidered a personnel action under paragraph (8) or (9) of section 2302(b). (h) REGULATIONS.— (1) OPM ACTION.—Not later than 270 calendar days after the date of enactment of this sec- tion, the Director shall prescribe regulations to carry out this section, including guidance to agencies regarding— (A) acceptable purposes for the use of— (i) investigative leave; and (ii) notice leave; (B) the proper recording of— (i) the leave categories described in sub- paragraph (A); and (ii) other leave authorized by law; (C) baseline factors that an agency shall consider when making a determination that the continued presence of an employee in the workplace may— (i) pose a threat to the employee or oth- ers; (ii) result in the destruction of evidence relevant to an investigation; (iii) result in loss or damage to Govern- ment property; or (iv) otherwise jeopardize legitimate Gov- ernment interests; and (D) procedures and criteria for the ap- proval of an extension of a period of inves- tigative leave under subsection (c) or (d). (2) AGENCY ACTION.—Not later than 270 cal- endar days after the date on which the Direc- tor prescribes regulations under paragraph (1), each agency shall revise and implement the internal policies of the agency to meet the re- quirements of this section. (i) RELATION TO OTHER LAWS.—Notwith- standing subsection (a) of section 7421 of title 38, this section shall apply to an employee de- scribed in subsection (b) of that section. (Added Pub. L. 114–328, div. A, title XI, § 1138(d)(1), Dec. 23, 2016, 130 Stat. 2462.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsecs. (c)(3), (4)(B), (e) and (h)(1), is the date of enact- ment of Pub. L. 114–328, which was approved Dec. 23, 2016. The Administrative Leave Act of 2016, referred to in subsec. (f)(2)(C), is section 1138 of title XI of div. A of Pub. L. 114–328, Dec. 23, 2016, 130 Stat. 2460. For com- plete classification of this Act to the Code, see Short Title of 2016 Amendment note set out under section 101 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 6329c. Weather and safety leave (a) DEFINITIONS.—In this section— (1) the term ‘‘agency’’— (A) means an Executive agency (as defined in section 105 of this title); (B) includes the Department of Veterans Affairs; and (C) does not include the Government Ac- countability Office; and Page 827 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6331 (2) the term ‘‘employee’’— (A) has the meaning given the term in sec- tion 2105; and (B) does not include an intermittent em- ployee who does not have an established reg- ular tour of duty during the administrative workweek. (b) LEAVE FOR WEATHER AND SAFETY ISSUES.— An agency may approve the provision of leave under this section to an employee or a group of employees without loss of or reduction in the pay of the employee or employees, leave to which the employee or employees are otherwise entitled, or credit to the employee or employees for time or service only if the employee or group of employees is prevented from safely traveling to or performing work at an approved location due to— (1) an act of God; (2) a terrorist attack; or (3) another condition that prevents the em- ployee or group of employees from safely trav- eling to or performing work at an approved lo- cation. (c) RECORDS.—An agency shall record leave provided under this section separately from leave authorized under any other provision of law. (d) REGULATIONS.—Not later than 270 days after the date of enactment of this section, the Director of the Office of Personnel Management shall prescribe regulations to carry out this sec- tion, including— (1) guidance to agencies regarding the appro- priate purposes for providing leave under this section; and (2) the proper recording of leave provided under this section. (e) RELATION TO OTHER LAWS.—Notwith- standing subsection (a) of section 7421 of title 38, this section shall apply to an employee de- scribed in subsection (b) of that section. (Added Pub. L. 114–328, div. A, title XI, § 1138(e)(1), Dec. 23, 2016, 130 Stat. 2469.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, subsec. (d), is the date of enactment of Pub. L. 114–328, which was ap- proved Dec. 23, 2016. § 6329d. Parental bereavement leave (a) DEFINITIONS.—In this section— (1) the terms ‘‘employee’’ and ‘‘son or daugh- ter’’ have the meanings given those terms in section 6381; and (2) the term ‘‘paid leave’’ means, with re- spect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is other- wise entitled under law; or (C) credit for time or service. (b) BEREAVEMENT LEAVE.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the em- ployee. (2) LIMITATION.—Leave under paragraph (1) may not be taken by an employee intermit- tently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. (3) NOTICE.—In any case in which the neces- sity for leave under this subsection is foresee- able, the employee shall provide the employ- ing agency with such notice as is reasonable and practicable. (Added Pub. L. 117–81, div. A, title XI, § 1111(a), Dec. 27, 2021, 135 Stat. 1953.) SUBCHAPTER III—VOLUNTARY TRANSFERS OF LEAVE § 6331. Definitions For the purpose of this subchapter— (1) the term ‘‘employee’’ means an employee as defined by section 6301(2), excluding an indi- vidual employed by the government of the Dis- trict of Columbia; (2) the term ‘‘leave recipient’’ means an em- ployee whose application to receive donations of leave under this subchapter is approved; (3) the term ‘‘leave donor’’ means an em- ployee whose application to make 1 or more donations of leave under this subchapter is ap- proved; and (4) the term ‘‘medical emergency’’ means a medical condition of an employee or a family member of such employee that is likely to re- quire the prolonged absence of such employee from duty and to result in a substantial loss of income to such employee because of the un- availability of paid leave (disregarding any ad- vanced leave). (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2834; amended Pub. L. 103–103, § 3, Oct. 8, 1993, 107 Stat. 1022.) Editorial Notes AMENDMENTS 1993—Par. (4). Pub. L. 103–103 inserted ‘‘the term’’ after par. designation and inserted before period at end ‘‘(disregarding any advanced leave)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–103, § 6, Oct. 8, 1993, 107 Stat. 1024, provided that: ‘‘Except as provided in section 2 [enacting and re- pealing provisions set out as notes under this section], this Act [amending this section and sections 6337, 6361, 6362, and 6373 of this title and enacting provisions set out as a note under section 6301 of this title] and the amendments made by this Act shall take effect as of the 120th day after the date of the enactment of this Act [Oct. 8, 1993] or such earlier date as the Office of Personnel Management may by regulation prescribe.’’ REPEALS Pub. L. 100–566, § 2(d), Oct. 31, 1988, 102 Stat. 2844, which provided for the repeal of subchapters III (§ 6331 et seq.) and IV (§ 6361 et seq.) of this chapter effective 5 years after Oct. 31, 1988, and which also contained sav- ings provisions for continued availability of certain leave as if such program had not been terminated, was repealed by Pub. L. 103–103, § 2, Oct. 8, 1993, 107 Stat. 1022, effective Oct. 30, 1993.