Should There be a Maximum Time That Federal Employees Can be On Leave for Misconduct or Performance Issues? (H.R. 4359)

What is H.R. 4359?

(Updated July 19, 2017)

This bill would prohibit federal employees from being placed on administrative leave for more than 14 total days for reasons related to misconduct or performance. It would also apply to any other paid, non-duty status that doesn’t lead to the employee’s termination.

Under current law there is no maximum amount of time that a federal employee can be placed on administrative leave because of misconduct or their performance. There would continue to be no limit on the length of time an employee can spend on administrative leave for reasons unrelated to misconduct or performance.

This legislation would take effect 90 days after it is enacted.

Argument in favor

Under current law federal employees placed on administrative leave for misconduct or performance issues can remain on leave and collect paychecks indefinitely. That’s wrong, as they should be either fired or reinstated so taxpayers see a return on their investment.

Argument opposed

There are times when it is appropriate to keep an employee on administrative leave for misconduct or performance problems for an extended period of time. Setting a limit in those cases could make it more difficult for administrators to make informed staffing decisions.

Impact

Federal employees placed on administrative leave for misconduct or performance issues; and the federal government.

Cost of H.R. 4359

The CBO estimates that enacting this bill would have no significant impact on the budget.

Additional Info

In-Depth: Sponsoring Rep. Jason Chaffetz (R-UT) introduced this bill to prevent federal agencies from abusing administrative leave to avoid concluding an investigation of an employee’s misconduct:

“Administrative leave is an appropriate tool, fair to a point. And it’s not fair to the employee nor is it fair to the government or coworkers to allow these people in perpetuity to continue to be out there without a resolution of whatever there case is.”

Democrats such as Rep. Elijah Cummings (D-MD) and Rep. Stephen Lynch (D-MA) have admitted that administrative leave abuse is a problem, but expressed concerns that this bill doesn’t prescribe what happens to the employee after 14 days. Rep. Lynch introduced a different proposal that would automatically return the employee to work after 14 days, though they would sometimes have to telework until a final decision is reached.

Of Note: The Office of Personnel Management (OPM) recently found that between fiscal years 2011 and 2013 the federal government spent $3.1 billion on salaries for employees on administrative leave. OPM has since issued a guidance for federal agencies to reduce the use of administrative leave.

Media:

• CBO Cost Estimate
• Federal News Radio
• Government Executive
• Washington Examiner