What is “Official Time” and How Is it Used?
Official time (also referred to as “taxpayer-funded union time”) is paid time given by a federal agency to eligible employees (typically union representatives or stewards) to perform certain representational activities on behalf of the union or bargaining unit employees, instead of their regular assigned duties. This time is considered hours of work, with no loss of pay or charge to leave, provided the employee would otherwise be in a duty status.
Official time means that while a federal employee is working for a federal employee union, the employee receives full pay and benefits just as if the employee were performing duties for which he was hired by the federal government to perform.
OPM defines the practice in this way:
“Official time,” as authorized by 5 U.S.C. § 7131, is paid time spent by Federal employees performing representational work for a bargaining unit in lieu of their regularly assigned work. In other words, the Federal Labor Relations Authority (FLRA) has equated official time to be the same as work time or hours of work.
Controversy Surrounding Official Time
Unions and Democratic administrations often seek to maximize official time usage. Republican administrations often attempt to reduce the amount of official time.
Shifting the costs of providing union activities for federal employees to taxpayers frees up union funds for other uses. Republican administrations are usually more skeptical of official time and view it as a way to support unions with taxpayer funds. Federal employee unions generally are very supportive of Democrats so the underlying political tension highlights the controversy.
This is not a new situation, but it is recurring in 2026. The time and money involved are in the hundreds of millions.
Under President Biden, agencies were no longer required to report official time usage by unions. As a result, the latest available report on official time was issued in 2019 and no reports were issued under the Biden administration. This meant the cost of the practice was not tracked or reported.
In 2016, the total cost to the government for official time given to unions was $177,211,408.53. According to the 2019 report, the total cost to the American taxpayer for official time and other expenses incurred by labor organizations but provided by the federal government was $163,327,235.21.
OPM Again Requires Reporting on Official Time
On January 30, 2026, OPM Director Scott Kupor issued a memo entitled “Agency Reporting to OPM for Fiscal Year 2025 Taxpayer-Funded Union Time Use and Collective Bargaining Expenses”.
The memo requires agencies to provide data on union activities where federal employees are receiving pay and benefits while working for a union. This includes:
- The purposes for which the agency has authorized the use of taxpayer-funded union
time:
a. Term Negotiations
b. Mid-Term Negotiations
c. Dispute Resolution
d. General Labor-Management Relations - The amounts of time used for each of the four categories of taxpayer-funded union time;
- The total number of bargaining unit employees as of September 30, 2025;
- The total value of the free or discounted use of government property for labor
organizations or individuals on taxpayer-funded union time; - Any expenses the agency paid for activities conducted on taxpayer-funded union time;
and - The amount of any reimbursement paid by the labor organizations for the use of
government property
This requirement means a report is likely to be issued by OPM at a future date on the cost and uses of official time by federal employees. OPM states in its memo:
The fiscal year 2025 standardized form must be submitted electronically to
[email protected]. The submission deadline is no later than February 23, 2026. One consolidated report is required from each department or agency head covering all bargaining units in the agency.Please do not include separate reports for each subagency or component.
Summary
The political seesaw on union activity in the federal government continues. While hundreds of millions of dollars are spent on union activities in agencies, politics often underlies official time usage. Democrats, including former President Biden, axe restrictions and often hide the costs. Republicans, including President Trump, add restrictions on these activities and publicize the costs of the practice.
Unions are sometimes seen by Republicans as part of a “deep state” in the federal bureaucracy because of the money and support they provide for Democrats as part of the political process.
Differences in perceptions of unions, their roles, and their influence on elections are major factors shaping policies across administrations. These differences are continuing, similar to how they have played out in the past.
Unless Congress enacts legislative changes, restrictions on unions will likely continue to fluctuate as different political parties assume power. These latest changes will likely affect the financial viability of federal employee unions, in addition to other significant financial pressure stemming from changes enacted by President Trump and the barrage of lawsuits unions are pursuing against these actions.