In December 2024, the Office of Personnel Management (OPM) issued final regulations to implement the Administrative Leave Act of 2016. These regulations, effective January 16, 2025, introduced significant changes to how administrative leave is managed across Executive Branch agencies.
The Administrative Leave Act of 2016 was designed to address inconsistencies and inefficiencies in how federal agencies granted paid leave. Prior to passage of this Act, agencies lacked consistent standards for granting paid leave outside of statutory categories. This led to uneven practices, potential misuse, and limited oversight.
By 2024, it became clear that further refinements were necessary to ensure that administrative leave was used appropriately and transparently. The new regulations aim to strike a balance between granting necessary leave and maintaining accountability.
Key Reforms in the December 2024 Final Regulation
The final rule issued by OPM covers three types of paid leave and introduces reforms to ensure accountability and transparency:
- Administrative Leave (5 U.S.C. 6329a)
- Excused absence without charge to leave. This type of leave is intended for situations where employees need to be away from work for reasons that benefit the agency, such as attending agency-sponsored training or participating in official ceremonies.
- Investigative Leave and Notice Leave (5 U.S.C. 6329b)
- For employees under investigation or pending adverse action. Investigative leave is a tool to ensure that employees under scrutiny are not present in the workplace, while notice leave allows employees to prepare for or respond to proposed disciplinary actions.
- Weather and Safety Leave (5 U.S.C. 6329c)
- Previously implemented in 2018, this leave is granted when severe weather or other safety concerns prevent employees from safely traveling to or working at their duty stations. A common example is when snow closes agency offices in the Washington, DC area.
Effective Date: January 16, 2025
Compliance Deadline: September 13, 2025
The regulation:
- Sets limits on the use of administrative leave, especially for investigative purposes.
- Requires proper documentation and tracking.
- Clarifies that administrative leave should only be used when legally permissible and aligned with agency mission or interests.
What is Administrative Leave?
According to OPM, administrative leave is a type of paid absence from duty that does not require employees to use their personal leave balances. It is granted by agencies for specific purposes that support the agency’s interests—such as attending official ceremonies, participating in agency-sponsored training, or other mission-related activities.
This form of leave is available only to executive branch employees with a regular part-time or full-time schedule. It is not available to those with intermittent work schedules.
Importantly, administrative leave is not an entitlement. Agencies are not required to grant it, and its use is entirely discretionary. Decisions to approve administrative leave are made by agency officials based on mission needs and organizational priorities. This reinforces the principle that administrative leave should be used strategically, not automatically.
OPM further adds that administrative leave may only be used by agencies if it meets one of these four general principles:
- 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.
A New Template for Agency Administrative Leave Policies
On July 30, 2025, OPM issued a guidance document providing a template for Executive Branch agencies to develop internal policies on administrative leave. The purpose of the template is to promote consistency and legal compliance across agencies while reducing duplication of effort.
Highlights from the Template
- Prohibitions: Administrative leave should not be used when sick leave is appropriate.
- Limits:
- No more than 12 weeks of administrative leave for workforce realignment (starting in 2026), unless jointly approved by OPM and OMB.
- 2-hour maximum for early dismissal before holidays unless approved by the agency head.
- Voting Leave: May be granted for voting but not for serving as poll workers or observers.
- Delegation of Authority: Agencies must define who can approve administrative leave and under what conditions.
- Illustrative Examples: The template offers examples of appropriate and inappropriate uses but encourages agencies to tailor additional examples.
OPM considers the template to be a living document that will be improved and refined over time to address new situations that inevitably come up in the future.
Using Administrative Leave to Restructure the Government
Shortly after President Trump was inaugurated, OPM issued a memo titled Guidance on Probationary Periods, Administrative Leave and Details, which was a reminder to agencies that their best opportunity to reduce their workforces is during an employee’s probationary period. It provided a blueprint for using administrative leave in conjunction with this prerogative of the Trump administration.
OPM stated in that memo:
Placing 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. It also may be appropriate when a new agency manager determines that the absence of the employee from the office “is in the interest of the agency or of the Government as a whole.” Agencies are encouraged to use flexibilities associated with paid administrative leave as they implement agency restructuring initiatives or determine the best ways to manage agency components going forward.
In the new template being issued to agencies, OPM reiterates this principle. It states, in part, “Authorized agency officials may use administrative leave to support various workforce realignment initiatives, including Governmentwide and agency-specific Deferred Resignation Programs under which employees are provided administrative leave for a period of time before their deferred resignation (including a resignation that represents a separation for retirement) takes effect.”
Conclusion
The Administrative Leave Act of 2016 and OPM’s 2024 guidance are redefining how agencies will use administrative leave in the future. By providing clear guidelines and a ready-to-use framework, OPM is attempting to ensure legal compliance, reduce duplication of effort, and align administrative leave practices with agency missions and interests as they work to meet the upcoming September 13 compliance deadline.
