OPM.gov / Policy / Pay & Leave / Leave Administration

Resources For

Administrative Leave

Fact Sheet: Administrative Leave

Note: On December 17, 2024, the Office of Personnel Management (OPM) issued final regulations regarding the administrative leave law in 5 U.S.C. 6329a as well as the investigation leave and notice leave law in 5 U.S.C. 6329b. (See 5 CFR part 630, subparts N and O.) While those regulations took effect on January 16, 2025, agencies have until September 13, 2025, to issue internal policies consistent with the new laws and regulations. Agency policies to implement 5 U.S.C. 6329a should also be consistent with the guidance in this fact sheet and policy templates or other guidance that may be issued by OPM. Even before issuing guidance to implement 5 U.S.C. 6329a, agencies are required to follow the guidance in this fact sheet (1) related to administrative leave provided in the OPM memorandum issued on January 20, 2025, and revised on March 4, 2025 (dealing with the Deferred Resignation Program) and (2) related to administrative leave for voting purposes, since the former guidance has been rescinded by EO 14148, Initial Rescissions of Harmful Executive Orders and Actions (January 20, 2025).

Description

Administrative leave is an administratively authorized absence from duty—without loss of pay or charge to other leave—provided under 5 U.S.C. 6329a and 5 CFR part 630, subpart N. (See links to the law and regulations at the end of this fact sheet.) It is paid leave that is not authorized under any other provision of statute or any Presidential directive. It applies only to employees (as defined in 5 U.S.C. 2105) in the executive branch who have an established part-time or full-time regular tour of duty. It does not apply to employees with an intermittent work schedule.

For employees covered by the leave laws in title 5 of the United States Code, section 6329a is the exclusive administrative leave authority. Section 6329a also applies to certain employees in the Veterans Health Administration who are otherwise covered by the leave authority in 38 U.S.C. 7421.

Administrative leave is not an entitlement, and agencies are not required to grant it (5 CFR 630.1403(a)(2)). It is granted at the discretion of the agency head or other authorized agency officials to whom authority has been properly delegated. An agency must retain discretion to grant or not grant administrative leave in any circumstance based on agency judgments regarding mission needs (5 CFR 630.1403(a)(4)).

This fact sheet supplements guidance on administrative leave transmitted via an OPM memorandum to agency heads, CPM 2025-01 (January 3, 2025). As that memorandum stated, “The regulations establish general principles and specific requirements to guide agencies in approving administrative leave. The regulations do not list all possible acceptable uses of administrative leave. Agencies may establish acceptable uses in policy or through ad hoc approval by an authorized official at least one level higher than the official making the determination to grant administrative leave.” See below for more information.

General Principles and Rules

An agency may provide administrative leave only if it determines that the use meets one or more of the following four general principles (5 CFR 630.1403(a)):

The absence is directly related to the agency’s mission;
The absence is officially sponsored or sanctioned by the agency;
The absence will clearly enhance the professional development or skills of the employee in the employee’s current position; or
The absence is in the interest of the agency or of the Government as a whole.

Under OPM regulations, there are two categories of administrative leave under 5 U.S.C. 6329a: (1) administrative leave for investigative purposes and (2) administrative leave for all other purposes.

Administrative leave for investigative purposes is subject to the 10-workday calendar year limit in 5 U.S.C. 6329a(b)(1) and 5 CFR 630.1404. By law, an agency may not place an employee on an initial period of investigative leave under 5 U.S.C. 6329b in a calendar year unless the employee has first reached the 10-workday limit in that year. (See 5 U.S.C. 6329b(b)(3).) The use of administrative leave for investigative purposes is appropriate when the agency is conducting an “investigation” as defined in 5 CFR 630.1502. If such an investigation continues after the employee has reached the 10-workday calendar year limit for administrative leave, the agency should determine whether it is appropriate to apply the investigative leave provisions in 5 U.S.C. 6329b and 5 CFR part 630, subpart O.

Under OPM regulations, the 10-workday calendar year limit is converted to hours based on the employee’s work schedule. For example, for full-time employees with a 40-hour basic workweek or an 80-hourly biweekly basic work requirement, the 10-workday limit is converted to an 80-hour limit. For part-time employees, the calendar year limit is prorated based on the number of hours in the employee’s established part-time schedule. For example, a part-time employee who has a 40-hour biweekly tour of duty would have a limit of 40 hours. See OPM regulations at 5 CFR 630.1404(b) for additional information.

For administrative leave for all other purposes, there is no limit on the number of hours used. While administrative leave is commonly used for brief or short periods of time, an agency may use it for longer periods when the agency determines the use is appropriate based on the general principles. For example, use of longer periods of administrative leave to facilitate workforce restructuring and realignment is a valid use that serves agency and Governmentwide interests.

Generally, administrative leave should be provided on an ad hoc, event-specific, or time-limited basis. However, an agency may establish a policy under which it will generally allow administrative leave under a specific set of circumstances that may recur (e.g., blood donations), as long as that policy recognizes that the agency may decide not to grant administrative leave in any specific case due to mission needs.

Requirements Governing Agency Policies and Approvals

Each agency must adopt written administrative leave policies that are consistent with law, regulation, and Governmentwide policies established by the current Administration.

A proposed use of administrative leave by an agency is appropriate only when the use is—

permitted under written agency policies (established by the head of the agency or by other agency officials under a specific delegation of authority); or
reviewed and approved by an official of the agency who is (or is acting) at a higher level than the official making the determination, if the specific type of use and amount of leave for that use has not been authorized under established written agency policy.

In developing agency policies regarding the appropriate uses and corresponding amounts of administrative leave and in approving specific incidents of administrative leave where the particular use was not specifically authorized in agency policies, authorized agency officials must consider the following factors (5 CFR 630.1403(a)(6)):

The regulations in 5 CFR part 630, subpart N;
The effect on productivity and the agency’s ability to meet mission needs;
Current Administration policies that identify Governmentwide interests;
The strength of the justification for using appropriated funds for the administrative leave in question;
Consistent treatment of similarly situated employees; and
The degree of delegation that is appropriate for various uses of administrative leave.

Prohibited Uses

Under OPM regulations (5 CFR 630.1403(b)), administrative leave may not be granted to—

mark the memory of a deceased former Federal official (see also 5 U.S.C. 6105); or
as a reward to recognize the performance or contributions of an employee or group of employees (that is, in lieu of a cash award or a time-off award).

Additional prohibitions may be established under current Administration policies based on Governmentwide interests.

Governmentwide Policies

The President or OPM may issue Governmentwide policies or guidance from time to time that approve or encourage a specific use of administrative leave, subject to stated conditions.

Examples:

Workforce realignment initiatives. The current Administration has advised agencies to use administrative leave as part of the Governmentwide Deferred Resignation Program, as described in an OPM memorandum to agency heads on January 28, 2025. The Administration determined that the Deferred Resignation Program is in the interest of individual agencies and the Government as a whole, since it facilitates workforce restructuring and realignment efforts that will lead to a leaner, less expensive, less wasteful, more efficient, and more mission-focused Federal workforce. Agencies may appropriately place employees on administrative leave for a set period of time before their deferred resignation takes effect. More generally, pursuant to the OPM memorandum of January 20, 2025, “[p]lacing an employee on paid administrative leave may be an appropriate action where the agency component in which the employee works is being eliminated or restructured, or where the agency weighs changes to the individual’s role at the agency as part of a workforce realignment.” (See “Individual Agency Policies” below for administrative leave use in agency-specific workforce restructuring and realignment initiatives.)
Voting. Consistent with Executive Order 14148 of January 20, 2025,OPM has rescinded two previous Biden Administration guidance memoranda, “Executive Order on Promoting Access to Voting” (CPM 2022-05, March 24, 2022) and “Access to Voting” (CPM 2024-18, August 29, 2024), which significantly departed from longstanding policy. Thus, agencies should return to the longstanding practice before the Biden Administration, under which the head of each agency (or his or her designee) has discretion to grant administrative leave for voting in limited circumstances in which there is no reasonable opportunity for an employee to vote outside of their regular work hours, and only to the extent that such time off does not interfere with agency operations. Such administrative leave should generally be limited to the hours required to vote and should generally not exceed three hours in length. In addition, agencies should grant administrative leave for early voting on a scheduled workday only when (1) the employee will be unable to vote on the day of the election because of activities directly related to the agency’s mission (such as Temporary Duty (TDY) travel) and cannot vote by absentee ballot or by early voting on a nonworkday, or (2) early voting hours are the same as, or exceed, voting hours on the day of the election.
Geographic relocation for military spouses. Under E.O. 14100 of June 9, 2023, OPM was directed to encourage Federal agencies to provide up to 5 days of administrative leave to their civilian employees accompanying a spouse who is a member of a military service during a geographic relocation occurring as directed by the service member’s orders. OPM fulfilled this directive via a memorandum to agency heads. (See OPM’s November 9, 2023, memorandum to agencies titled “Guidance in Support of Executive Order 14100—Advancing Economic Security for Military and Veteran Spouses, Military Caregivers, and Survivors.”)

Individual Agency Policies

Subject to the requirements in OPM regulations and Governmentwide guidance, an agency head may approve a specific use of administrative leave.

Examples of appropriate uses an agency may choose to approve:

Agency-Specific Workforce Restructuring and Realignment Initiative. To facilitate an agency initiative to restructure and realign its workforce, the agency may use administrative leave to—
- encourage voluntary separations by placing employees on administrative leave for a period of time before the effective date of a deferred resignation, a voluntary early retirement, or a separation that triggers a voluntary separation incentive payment (VSIP); or
- ease and expedite restructuring by placing employees on administrative leave during the period of time between the employee’s receipt of a notice of involuntary separation via a reduction-in-force action and the effective date of that separation.
Employee Assistance Program. Agencies may grant periods of administrative leave to an employee for participation in the agency’s Employee Assistance Program (EAP) for problem identification and referral to an outside resource and for general employee orientation or education activities.
Blood donation. Agencies may grant administrative leave, typically up to 4 hours, to an employee who donates blood during the employee’s tour of duty established for leave-charging purposes. See 30 Comp. Gen. 521 (June 25, 1951).
Tardiness. Agencies may grant brief periods of administrative leave to employees who arrive after their scheduled start time for adequate reason. However, an agency may determine that other actions are appropriate given the circumstances. For example, an agency may determine that a tardy employee should be placed in absence without leave (AWOL) status for a period of absence that has not been approved. Notation of the absence as AWOL is not a disciplinary action in and of itself, but an incidence of AWOL could be the basis for taking disciplinary action. Alternatively, an agency may decide to retroactively approve the employee’s use of leave without pay or available annual leave or other paid time off, as appropriate, to cover the absence. An employee on a flexible work schedule with flexibility to adjust start and stop times who arrives later than the employee’s normal start time is not tardy (unless the employee arrives during core hours) and would normally be expected to extend his/her stop time to cover the time not worked due to the later arrival time.
Physical fitness activities. Agencies may grant limited amounts of administrative leave for physical fitness activities provided they do so consistent with the regulations. Agencies should ensure that they retain the discretion to grant or not grant administrative leave based on agency judgments of mission needs and that administrative leave not become an entitlement without regard to mission needs.
Agency-approved volunteer activities. Agencies may grant limited amounts of administrative leave for volunteer activities, if the agency determines that the usage of leave would satisfy one or more of the four general principles. Ultimately, it is the responsibility of each agency head to balance support for employees’ volunteer activities with the need to ensure that employees’ work requirements are fulfilled and that agency operations are conducted efficiently and effectively. Agencies should review their internal guidance on administrative leave and applicable collective bargaining agreements, as appropriate. For more information, see OPM’s fact sheet on volunteer activities. Note: Employees who spend time during their workday to support to the administration of an agency-managed Combined Federal Campaign are allowed to claim that time as duty hours. (See E.O. 12353 and Comptroller General decisions B-155667, January 21, 1965; B-154456, August 11, 1964; and B 119740, July 29, 1954.)

Other Matters

Holiday Declared by President. When the President issues an Executive order to generally excuse employees from duty on the day before or after a holiday (most commonly, on December 24), the President is usually acting under the authority in 5 U.S.C. 6103(b) that allows a President to declare a holiday by an Executive order. Such paid time off is holiday paid time off, not administrative leave under 5 U.S.C. 6329a.
Death of Former President. When the President issues an Executive order closing Government offices throughout the world as “a mark of respect” upon the death of a former President, the President is acting under 5 U.S.C. 6103(b), which treats the day the same as a holiday. It is not a use of administrative leave under 5 U.S.C. 6329a.
Preventive health services. Under a Presidential Memorandum on Preventive Health Services at the Federal Workplace issued by President William J. Clinton on January 4, 2001, Federal agencies are directed to provide up to 4 hours of administrative leave each year for an employee’s participation in preventive health screenings, if that employee has fewer than 80 hours (two weeks) of accrued sick leave. Since this leave is granted by Presidential directive, it is not considered administrative leave under 5 U.S.C. 6329a.
Returning Reservists. A still-in-force Presidential Memorandum of November 14, 2003, grants Federal civilian employees returning from qualifying active duty military service in support of the Global War on Terrorism (now referred to as Overseas Contingency Operations) 5 days of administrative leave from their civilian duties each time they return from the qualifying duty, subject to implementing guidance. See OPM memorandums of November 14, 2003 (CPM 2003-14), August 6, 2008 (CPM 2008-12), and December 16, 2008 (CPM 2008-21), and OPM’s 5 Days of Excused Absence for Employees Returning from Active Military Duty fact sheet. This paid time off is granted under a Presidential directive and is not considered administrative leave under 5 U.S.C. 6329a.

Note: In OPM data reporting systems, administrative leave (or excused absence) provided by Presidential directive is not considered administrative leave under 5 U.S.C. 6329a and will be categorized as “Other Paid Time in Nonduty Status” once a given agency has begun reporting section 6329a administrative leave in the “Administrative Leave Hours Used (General) – 5 USC 6329a” data category, which should be no later than September 13, 2025.

Other Types of Leave

In the past, administrative leave was used for periods of performance- or conduct-related investigations and for safety-related emergency dismissals and closures. Congress enacted separate types of paid leave to cover those circumstances—investigative leave and notice leave under 5 U.S.C. 6329b and weather and safety leave under 5 U.S.C. 6329c. OPM has issued final regulations on investigative/notice leave and weather/safety leave in, respectively, subpart O and subpart P of 5 CFR part 630. Agencies must issue (no later than September 13, 2025) internal policies consistent with the laws in 5 U.S.C. 6329a, 6329b, and 6329c and related regulations. This fact sheet provides guidance on administrative leave under 5 U.S.C. 6329a. Guidance on investigative leave and notice leave was provided in an OPM memorandum to agency heads, CPM 2025-01 (January 3, 2025). Guidance on weather and safety leave may be found in OPM’s Governmentwide Dismissal and Closure Procedures.

Where to Get Answers to Questions

Agencies are responsible for the administration of administrative leave for their employees and establishing their own HR policies based on statutes, regulations, and OPM guidance. Therefore, if you are an employee, timekeeper, supervisor or other agency official, or union representative, you should contact your servicing HR office for assistance with any questions you may have. If you are a component HR office, you should contact your agency headquarters office for assistance. If your HR chain of command needs assistance answering your question, inquiries should be directed to OPM through the headquarters HR policy office.