---
kind: "section"
citation: "5 U.S.C. § 6329b"
title: "5"
title_heading: "Government Organization and Employees"
number: "6329b"
heading: "Investigative leave and notice leave"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6329b"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 63 — Leave"
  - "Subchapter II — Other Paid Leave"
---

# §6329b. Investigative leave and notice leave

- (a) **Definitions.—** In this section—
  - (1) the term “[agency](/usc/5/3132.md?p=a-1)”—
    - (A) means an [Executive agency](/usc/5/6501.md?p=2) (as defined in [section 105 of this title](/usc/5/105.md));
    - (B) includes the Department of Veterans Affairs; and
    - (C) does not include the [Government](/usc/5/4101.md?p=3) Accountability [Office](/usc/5/5402.md?p=3);
  - (2) the term “Chief Human Capital Officer” means—
    - (A) the Chief Human Capital Officer of an [agency](/usc/5/3132.md?p=a-1) designated or appointed under [section 1401](/usc/5/1401.md); or
    - (B) the equivalent;
  - (3) the term “committees of jurisdiction”, with respect to an [agency](/usc/5/3132.md?p=a-1), means each committee of the Senate or House of Representatives with jurisdiction over the [agency](/usc/5/3132.md?p=a-1);
  - (4) the term “[Director](/usc/5/8401.md?p=8)” means the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management;
  - (5) the term “[employee](/usc/5/6301.md?p=2)”—
    - (A) has the meaning given the term in [section 2105](/usc/5/2105.md); and
    - (B) does not include—
      - (i) an intermittent [employee](/usc/5/6301.md?p=2) who does not have an established regular tour of duty during the administrative workweek; or
      - (ii) the Inspector General of an [agency](/usc/5/3132.md?p=a-1);
  - (6) the term “investigative entity” means—
    - (A) an internal investigative unit of an [agency](/usc/5/3132.md?p=a-1) granting investigative leave under this section;
    - (B) the [Office](/usc/5/5402.md?p=3) of Inspector General of an [agency](/usc/5/3132.md?p=a-1) granting investigative leave under this section;
    - (C) the Attorney General; and
    - (D) the [Office](/usc/5/5402.md?p=3) of Special Counsel;
  - (7) the term “investigative leave” means leave—
    - (A) without [loss](/usc/5/8401.md?p=18) of or reduction in—
      - (i) [pay](/usc/5/7511.md?p=a-4);
      - (ii) leave to which an [employee](/usc/5/6301.md?p=2) is otherwise entitled under law; or
      - (iii) credit for time or [service](/usc/5/8401.md?p=26);
    - (B) that is not authorized under any other provision of law; and
    - (C) in which an [employee](/usc/5/6301.md?p=2) who is the subject of an investigation is placed;
  - (8) the term “notice leave” means leave—
    - (A) without [loss](/usc/5/8401.md?p=18) of or reduction in—
      - (i) [pay](/usc/5/7511.md?p=a-4);
      - (ii) leave to which an [employee](/usc/5/6301.md?p=2) is otherwise entitled under law; or
      - (iii) credit for time or [service](/usc/5/8401.md?p=26);
    - (B) that is not authorized under any other provision of law; and
    - (C) in which an [employee](/usc/5/6301.md?p=2) who is in a notice period is placed; and
  - (9) the term “notice period” means a period beginning on the date on which an [employee](/usc/5/6301.md?p=2) is provided notice required under law of a proposed adverse action against the [employee](/usc/5/6301.md?p=2) and ending on the date on which an [agency](/usc/5/3132.md?p=a-1) may take the adverse action.
- (b) **Leave for Employees Under Investigation or in a Notice Period.—**
  - (1) **Authority.—** An [agency](/usc/5/3132.md?p=a-1) may, in accordance with [paragraph (2)](#b-2), place an [employee](/usc/5/6301.md?p=2) in—
    - (A) investigative leave if the [employee](/usc/5/6301.md?p=2) is the subject of an investigation;
    - (B) notice leave if the [employee](/usc/5/6301.md?p=2) is in a notice period; or
    - (C) notice leave following a placement in investigative leave if, not later than the day after the last day of the period of investigative leave—
      - (i) the [agency](/usc/5/3132.md?p=a-1) proposes or initiates an adverse action against the [employee](/usc/5/6301.md?p=2); and
      - (ii) the [agency](/usc/5/3132.md?p=a-1) determines that the [employee](/usc/5/6301.md?p=2) continues to meet 1 or more of the criteria described in [paragraph (2)(A)](#b-2-A).
  - (2) **Requirements.—** An [agency](/usc/5/3132.md?p=a-1) may place an [employee](/usc/5/6301.md?p=2) in leave under [paragraph (1)](#b-1) only if the [agency](/usc/5/3132.md?p=a-1) has—
    - (A) made a determination with respect to the [employee](/usc/5/6301.md?p=2) that the continued presence of the [employee](/usc/5/6301.md?p=2) in the workplace during an investigation of the [employee](/usc/5/6301.md?p=2) or while the [employee](/usc/5/6301.md?p=2) is in a notice period, as applicable, may—
      - (i) pose a threat to the [employee](/usc/5/6301.md?p=2) or others;
      - (ii) result in the destruction of evidence relevant to an investigation;
      - (iii) result in [loss](/usc/5/8401.md?p=18) of or damage to [Government](/usc/5/4101.md?p=3) property; or
      - (iv) otherwise jeopardize legitimate [Government](/usc/5/4101.md?p=3) interests;
    - (B) considered—
      - (i) assigning the [employee](/usc/5/6301.md?p=2) to duties in which the [employee](/usc/5/6301.md?p=2) no longer poses a threat described in clauses [(i)](#b-2-A-i) through [(iv)](#b-2-A-iv) of subparagraph (A);
      - (ii) allowing the [employee](/usc/5/6301.md?p=2) to take leave for which the [employee](/usc/5/6301.md?p=2) is [eligible](/usc/5/4701.md?p=a-3);
      - (iii) if the [employee](/usc/5/6301.md?p=2) is absent from duty without approved leave, carrying the [employee](/usc/5/6301.md?p=2) in absence without leave status; and
      - (iv) for an [employee](/usc/5/6301.md?p=2) subject to a notice period, curtailing the notice period if there is reasonable cause to believe the [employee](/usc/5/6301.md?p=2) has committed a crime for which a sentence of imprisonment may be imposed; and
    - (C) determined that none of the available options under clauses [(i)](#b-2-B-i) through [(iv)](#b-2-B-iv) of subparagraph (B) is appropriate.
  - (3) **Duration of leave.—**
    - (A) **Investigative leave.—** Upon the expiration of the 10 work day period described in [section 6329a(b)(1)](/usc/5/6329a.md?p=b-1) with respect to an [employee](/usc/5/6301.md?p=2), and if an [agency](/usc/5/3132.md?p=a-1) determines that an extended investigation of the [employee](/usc/5/6301.md?p=2) is necessary, the [agency](/usc/5/3132.md?p=a-1) may place the [employee](/usc/5/6301.md?p=2) in investigative leave for a period of not more than 30 work days.
    - (B) **Notice leave.—** Placement of an [employee](/usc/5/6301.md?p=2) in notice leave shall be for a period not longer than the duration of the notice period.
  - (4) **Explanation of leave.—**
    - (A) **In general.—** If an [agency](/usc/5/3132.md?p=a-1) places an [employee](/usc/5/6301.md?p=2) in leave under this subsection, the [agency](/usc/5/3132.md?p=a-1) shall provide the [employee](/usc/5/6301.md?p=2) a written explanation of whether the [employee](/usc/5/6301.md?p=2) was placed in investigative leave or notice leave.
    - (B) **Explanation.—** The written notice under [subparagraph (A)](#b-4-A) shall describe the limitations of the leave placement, including—
      - (i) the applicable limitations under [paragraph (3)](#b-3); and
      - (ii) in the case of a placement in investigative leave, an explanation that, at the conclusion of the period of leave, the [agency](/usc/5/3132.md?p=a-1) shall take an action under [paragraph (5)](#b-5).
  - (5) **Agency action.—** Not later than the day after the last day of a period of investigative leave for an [employee](/usc/5/6301.md?p=2) under [paragraph (1)](#b-1), an [agency](/usc/5/3132.md?p=a-1) shall—
    - (A) return the [employee](/usc/5/6301.md?p=2) to regular duty status;
    - (B) take 1 or more of the actions under clauses [(i)](#b-2-B-i) through [(iv)](#b-2-B-iv) of paragraph (2)(B);
    - (C) propose or initiate an adverse action against the [employee](/usc/5/6301.md?p=2) as provided under law; or
    - (D) extend the period of investigative leave under subsections [(c)](#c) and [(d)](#d).
  - (6) **Rule of construction.—** Nothing in [paragraph (5)](#b-5) shall be construed to prevent the continued investigation of an [employee](/usc/5/6301.md?p=2), except that the placement of an [employee](/usc/5/6301.md?p=2) in investigative leave may not be extended for that purpose except as provided in subsections [(c)](#c) and [(d)](#d).
- (c) **Initial Extension of Investigative Leave.—**
  - (1) **In general.—** Subject to [paragraph (4)](#c-4), if the Chief Human Capital Officer of an [agency](/usc/5/3132.md?p=a-1), or the designee of the Chief Human Capital Officer, approves such an extension after consulting with the investigator responsible for conducting the investigation to which an [employee](/usc/5/6301.md?p=2) is subject, the [agency](/usc/5/3132.md?p=a-1) may extend the period of investigative leave for the [employee](/usc/5/6301.md?p=2) under [subsection (b)](#b) for not more than 30 work days.
  - (2) **Maximum number of extensions.—** The total period of additional investigative leave for an [employee](/usc/5/6301.md?p=2) under [paragraph (1)](#c-1) may not exceed 90 work days.
  - (3) **Designation guidance.—** Not later than 270 days after the date of enactment of this section, the Chief Human Capital Officers Council shall issue guidance to ensure that if the Chief Human Capital Officer of an [agency](/usc/5/3132.md?p=a-1) delegates the [authority](/usc/5/7103.md?p=a-6) to approve an extension under [paragraph (1)](#c-1) to a designee, the designee is at a sufficiently high level within the [agency](/usc/5/3132.md?p=a-1) to make an impartial and independent determination regarding the extension.
  - (4) **Extensions for OIG employees.—**
    - (A) **Approval.—** In the case of an [employee](/usc/5/6301.md?p=2) of an [Office](/usc/5/5402.md?p=3) of Inspector General—
      - (i) the Inspector General or the designee of the Inspector General, rather than the Chief Human Capital Officer or the designee of the Chief Human Capital Officer, shall approve an extension of a period of investigative leave for the [employee](/usc/5/6301.md?p=2) under [paragraph (1)](#c-1); or
      - (ii) at the request of the Inspector General, the head of the [agency](/usc/5/3132.md?p=a-1) within which the [Office](/usc/5/5402.md?p=3) of Inspector General is located shall designate an official of the [agency](/usc/5/3132.md?p=a-1) to approve an extension of a period of investigative leave for the [employee](/usc/5/6301.md?p=2) under [paragraph (1)](#c-1).
    - (B) **Guidance.—** Not later than 270 calendar days after the date of enactment of this section, the Council of the Inspectors General on Integrity and Efficiency shall issue guidance to ensure that if the Inspector General or the head of an [agency](/usc/5/3132.md?p=a-1), at the request of the Inspector General, delegates the [authority](/usc/5/7103.md?p=a-6) to approve an extension under [subparagraph (A)](#c-4-A) to a designee, the designee is at a sufficiently high level within the [Office](/usc/5/5402.md?p=3) of Inspector General or the [agency](/usc/5/3132.md?p=a-1), as applicable, to make an impartial and independent determination regarding the extension.
- (d) **Further Extension of Investigative Leave.—**
  - (1) **Report.—** After reaching the limit under [subsection (c)(2)](#c-2) and if an investigative entity submits a certification under paragraph (2) of this subsection, an [agency](/usc/5/3132.md?p=a-1) may further extend a period of investigative leave for an [employee](/usc/5/6301.md?p=2) for periods of not more than 30 work days each if, not later than 5 business days after granting each further extension, the [agency](/usc/5/3132.md?p=a-1) submits to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and [Government](/usc/5/4101.md?p=3) Reform of the House of Representatives, along with any other committees of jurisdiction, a report containing—
    - (A) the title, [position](/usc/5/5102.md?p=a-3), [office](/usc/5/5402.md?p=3) or [agency](/usc/5/3132.md?p=a-1) subcomponent, job series, [pay](/usc/5/7511.md?p=a-4) [grade](/usc/5/5102.md?p=a-5), and salary of the [employee](/usc/5/6301.md?p=2);
    - (B) a description of the duties of the [employee](/usc/5/6301.md?p=2);
    - (C) the reason the [employee](/usc/5/6301.md?p=2) was placed in investigative leave;
    - (D) an explanation as to why—
      - (i) the [employee](/usc/5/6301.md?p=2) poses a threat described in clauses [(i)](#b-2-A-i) through [(iv)](#b-2-A-iv) of subsection (b)(2)(A); and
      - (ii) the [agency](/usc/5/3132.md?p=a-1) is not able to reassign the [employee](/usc/5/6301.md?p=2) to another [position](/usc/5/5102.md?p=a-3) within the [agency](/usc/5/3132.md?p=a-1);
    - (E) in the case of an [employee](/usc/5/6301.md?p=2) required to [telework](/usc/5/6501.md?p=3) under [section 6502(c)](/usc/5/6502.md?p=c) during the investigation of the [employee](/usc/5/6301.md?p=2)—
      - (i) the reasons that the [agency](/usc/5/3132.md?p=a-1) required the [employee](/usc/5/6301.md?p=2) to [telework](/usc/5/6501.md?p=3) under that section; and
      - (ii) the duration of the [teleworking](/usc/5/6501.md?p=3) requirement;
    - (F) the status of the investigation of the [employee](/usc/5/6301.md?p=2);
    - (G) the certification described in [paragraph (2)](#d-2); and
    - (H) in the case of a completed investigation of the [employee](/usc/5/6301.md?p=2)—
      - (i) the results of the investigation; and
      - (ii) the reason that the [employee](/usc/5/6301.md?p=2) remains in investigative leave.
  - (2) **Certification.—** If, after an [employee](/usc/5/6301.md?p=2) has reached the limit under [subsection (c)(2)](#c-2), an investigative entity determines that additional time is needed to complete the investigation of the [employee](/usc/5/6301.md?p=2), the investigative entity shall—
    - (A) certify to the appropriate [agency](/usc/5/3132.md?p=a-1) that additional time is needed to complete the investigation of the [employee](/usc/5/6301.md?p=2); and
    - (B) include in the certification an estimate of the amount of time that is necessary to complete the investigation of the [employee](/usc/5/6301.md?p=2).
  - (3) **No extensions after completion of investigation.—** An [agency](/usc/5/3132.md?p=a-1) may not further extend a period of investigative leave of an [employee](/usc/5/6301.md?p=2) under [paragraph (1)](#d-1) on or after the date that is 30 calendar days after the completion of the investigation of the [employee](/usc/5/6301.md?p=2) by an investigative entity.
- (e) **Consultation Guidance.—** Not later than 270 calendar days after the date of enactment of this section, the Council of the Inspectors General 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](/usc/5/3132.md?p=a-1) on the need to place an [employee](/usc/5/6301.md?p=2) in investigative leave during an investigation of the [employee](/usc/5/6301.md?p=2), including during a criminal investigation, because the continued presence of the [employee](/usc/5/6301.md?p=2) in the workplace during the investigation may—
  - (1) pose a threat to the [employee](/usc/5/6301.md?p=2) or others;
  - (2) result in the destruction of evidence relevant to an investigation;
  - (3) result in [loss](/usc/5/8401.md?p=18) of or damage to [Government](/usc/5/4101.md?p=3) property; or
  - (4) otherwise jeopardize legitimate [Government](/usc/5/4101.md?p=3) interests.
- (f) **Reporting and Records.—**
  - (1) **In general.—** An [agency](/usc/5/3132.md?p=a-1) shall keep a record of the placement of an [employee](/usc/5/6301.md?p=2) in investigative leave or notice leave by the [agency](/usc/5/3132.md?p=a-1), including—
    - (A) the basis for the determination made under [subsection (b)(2)(A)](#b-2-A);
    - (B) an explanation of why an action under clauses [(i)](#b-2-B-i) through [(iv)](#b-2-B-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 [employee](/usc/5/6301.md?p=2) 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)](#c-1);
    - (F) whether the [employee](/usc/5/6301.md?p=2) is required to [telework](/usc/5/6501.md?p=3) under [section 6502(c)](/usc/5/6502.md?p=c) during the investigation, including the reasons for requiring the [employee](/usc/5/6301.md?p=2) to [telework](/usc/5/6501.md?p=3); and
    - (G) the action taken by the [agency](/usc/5/3132.md?p=a-1) at the end of the period of leave, including, if applicable, the granting of any extension of a period of investigative leave under subsection [(c)](#c) or [(d)](#d).
  - (2) **Availability of records.—** An [agency](/usc/5/3132.md?p=a-1) shall make a record kept under [paragraph (1)](#f-1) available—
    - (A) to any committee of jurisdiction, upon request;
    - (B) to the [Office](/usc/5/5402.md?p=3) of Personnel Management; 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 Counsel.—** For purposes of subchapter II of [chapter 12](/usc/5/chptII/ch12.md) and [section 1221](/usc/5/1221.md), placement on investigative leave under [subsection (b)](#b) of this section for a period of not less than 70 work days shall be considered a personnel action under paragraph [(8)](/usc/5/2302.md?p=b-8) or [(9)](/usc/5/2302.md?p=b-9) of section 2302(b).
- (h) **Regulations.—**
  - (1) **OPM action.—** Not later than 270 calendar days after the date of enactment of this section, the [Director](/usc/5/8401.md?p=8) shall prescribe regulations to carry out this section, including guidance to [agencies](/usc/5/3132.md?p=a-1) 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 [subparagraph (A)](#h-1-A); and
      - (ii) other leave authorized by law;
    - (C) baseline factors that an [agency](/usc/5/3132.md?p=a-1) shall consider when making a determination that the continued presence of an [employee](/usc/5/6301.md?p=2) in the workplace may—
      - (i) pose a threat to the [employee](/usc/5/6301.md?p=2) or others;
      - (ii) result in the destruction of evidence relevant to an investigation;
      - (iii) result in [loss](/usc/5/8401.md?p=18) or damage to [Government](/usc/5/4101.md?p=3) property; or
      - (iv) otherwise jeopardize legitimate [Government](/usc/5/4101.md?p=3) interests; and
    - (D) procedures and criteria for the approval of an extension of a period of investigative leave under subsection [(c)](#c) or [(d)](#d).
  - (2) **Agency action.—** Not later than 270 calendar days after the date on which the [Director](/usc/5/8401.md?p=8) prescribes regulations under [paragraph (1)](#h-1), each [agency](/usc/5/3132.md?p=a-1) shall revise and implement the internal policies of the [agency](/usc/5/3132.md?p=a-1) to meet the requirements of this section.
- (i) **Relation to Other Laws.—** Notwithstanding subsection (a) of [section 7421 of title 38](/usc/38/7421.md), this section shall apply to an [employee](/usc/5/6301.md?p=2) described in [subsection (b)](/usc/38/7421.md?p=b) of that section.

## Source credit

(Added Pub. L. 114–328, div. A, title XI, § 1138(d)(1), Dec. 23, 2016, 130 Stat. 2462.)

## Notes

### 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 enactment 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 complete 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 Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.