2026-13073Proposed RuleWallet

Federal Workers Get New Administrative Leave Rules

Published Date: 6/29/2026

Proposed Rule

Summary

The Office of Personnel Management wants to update the rules about administrative leave, especially for programs where employees delay their resignation and other workforce changes. These updates clarify when agencies can accept or deny a request to take back a resignation. If approved, these changes will affect federal employees and agencies starting after the comment period ends on July 29, 2026, with no direct cost impact announced yet.

Analyzed Economic Effects

11 provisions identified: 6 benefits, 5 costs, 0 mixed.

Agencies get sole discretion

Agencies will have ‘‘sole and exclusive’’ discretion to decide whether to provide administrative leave. This means an agency can decide case-by-case whether to give administrative leave or to accept or deny a resignation withdrawal request.

Extended leave for deferred resignations

Agencies may provide extended periods of administrative leave to employees who sign written agreements to voluntarily separate on a future date, including use in deferred resignation programs and other workforce realignment initiatives. These extended periods are subject to Governmentwide or agency limits.

Administrative leave allowed during RIF notice

An agency may place an employee on administrative leave for all or part of a reduction-in-force (RIF) notice period if the agency determines it is appropriate and consistent with part 630, subpart N. The general rule that employees remain in duty status during the notice period now applies only in "ordinary circumstances."

No substituting admin leave for sick leave

Administrative leave may not be used for a purpose for which sick leave could be used under 5 CFR 630.401(a), unless specifically approved by Governmentwide policy issued by OPM or the President. An employee eligible for sick leave may still receive administrative leave when it is provided for another purpose.

Resignation withdrawal can be denied

An agency may, in its sole and exclusive discretion, accept or decline an employee's request to withdraw a resignation before it becomes effective. Acceptance of benefits provided under a deferred resignation agreement (such as paid administrative leave) is listed as a valid reason to decline withdrawal, and there is no authority to require repayment of administrative leave after it has been provided.

10-workday investigation limit clarified

Administrative leave may not be used for investigative purposes after an employee has reached the 10-workday calendar year limit in connection with a given investigation. If an investigation continues past that limit, agencies must use section 6329b investigative leave for the continuing investigation.

No admin leave for poll workers

Administrative leave may not be used to cover service by poll workers or poll observers in connection with elections. Employees may use accrued annual leave or other flexibilities to serve in those roles.

Up to 5 days for spouse relocation

Agencies may provide up to 5 days of administrative leave for a civilian employee who needs time off to effectuate a change in residence to accompany a qualifying spouse (a uniformed service member or civilian Federal employee) when the spouse's move is due to military orders or agency direction.

Rest after long deployments (2–3 days)

Agencies may provide administrative leave to allow employees to rest and recover following unusually lengthy tours of duty or extended travel for work purposes; the preamble gives the example of 2 to 3 days for wildland fire deployments.

Examples: voting, blood donation, EAP, early dismissal

The rule lists several acceptable uses of administrative leave, including providing time to vote on election day, donate blood, participate in employee assistance programs or orientation, and for early dismissal generally no more than 2 hours before a Federal public holiday as a morale gesture.

Prohibited use to mark a former official

Administrative leave may not be used to mark the memory of a deceased former Federal official. This prohibition is added to the specific prohibited uses agencies must follow.

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Key Dates

Published Date
Comments Due
6/29/2026
7/29/2026

Department and Agencies

Department
Independent Agency
Agency
Personnel Management Office
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