§ 630.1506 Records and reporting

5 CFR 630.1506(a)(a) Record of placement on leave. An agency must maintain an accurate record of the placement of an employee on investigative leave or notice leave by the agency, including—

5 CFR 630.1506(a)(1)(1) The reasons for initial authorization of the investigative leave or notice leave, including the alleged action(s) of the employee that required investigation or issuance of a notice of a proposed adverse action;

5 CFR 630.1506(a)(2)(2) The basis for the determination made under § 630.1503(b)(1);

5 CFR 630.1506(a)(3)(3) An explanation of why an action under § 630.1503(b)(2) was not appropriate;

5 CFR 630.1506(a)(4)(4) The length of the period of investigative leave or notice leave;

5 CFR 630.1506(a)(5)(5) The amount of salary paid to the employee during the period of leave;

5 CFR 630.1506(a)(6)(6) The reasons for authorizing the leave, and if an extension of investigative leave was granted, the recommendation made by an investigator as part of the consultation required under § 630.1504(f)(3);

5 CFR 630.1506(a)(7)(7) Whether the employee was required to telework under § 630.1503(c) during the period of the investigation, including the reasons for requiring or not requiring the employee to telework;

5 CFR 630.1506(a)(8)(8) The action taken by the agency at the end of the period of leave, including, if applicable, the granting of any extension of a period of investigative leave under § 630.1504(f) or (g); and

5 CFR 630.1506(a)(9)(9) Any additional information OPM may require.

5 CFR 630.1506(b)(b) Availability of records.

5 CFR 630.1506(b)(1)(1) An agency must make a record kept under paragraph (a) of this section available upon request—

5 CFR 630.1506(b)(1)(i)(i) To any committee of jurisdiction;

5 CFR 630.1506(b)(1)(ii)(ii) To OPM;

5 CFR 630.1506(b)(1)(iii)(iii) To the Government Accountability Office; and

5 CFR 630.1506(b)(1)(iv)(iv) As otherwise required by law.

5 CFR 630.1506(b)(2)(2) Notwithstanding paragraph (b)(1) of this section and § 630.1504(g), the requirement that an agency make records and information on use of investigative leave or notice leave available to various entities is subject to applicable laws, Executive orders, and regulations governing the dissemination of sensitive information related to national security, foreign relations, or law enforcement matters (e.g., 50 U.S.C. 3024(i), (j), and (m) and Executive Orders 12968 and 13526).

5 CFR 630.1506(b)(3)(3) An agency must retain the records described in paragraph (a) of this section for a minimum of 6 years from the date the leave was used.

5 CFR 630.1506(c)(c) Reporting.

5 CFR 630.1506(c)(1)(1) In agency data systems and in data reports submitted to OPM, an agency must record investigative leave and notice leave under 5 U.S.C. 6329b and this subpart as categories of leave separate from other types of leave. Leave under 5 U.S.C. 6329b and this subpart must be recorded as either investigative leave or notice leave, as applicable.

5 CFR 630.1506(c)(2)(2) Agencies must provide information to the Government Accountability Office as that office is required to submit reports to specified Congressional committees under section 1138(d)(2) of Public Law 114-328 on a 5-year cycle.