Federal Agencies Clarify Leave Rules for Layoffs and Resignations
Published Date: 10/19/2026
Rule
Summary
Starting November 18, 2026, federal employees affected by workforce changes can use administrative leave more clearly during layoffs, deferred resignations, and other realignments. The new rules explain when agencies can grant leave during notice periods and how they handle resignation withdrawals. This update helps employees and agencies manage transitions smoothly without messing with pay or benefits.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Paid Leave During Deferred Resignation
You can be placed on paid administrative leave as part of a deferred resignation or other workforce realignment if you voluntarily sign a written agreement to separate on a future date. Beginning in calendar year 2026, administrative leave in connection with a workforce realignment is limited to 12 weeks in any individual instance unless OPM and the Office of Management and Budget jointly approve a higher threshold.
Agency Control Over Resignation Withdrawals
An agency has the sole and exclusive discretion to accept or deny your request to withdraw a resignation before it becomes effective. The rule expressly allows an agency to deny a withdrawal if you have received benefits (such as paid administrative leave) under a deferred resignation agreement.
Paid Leave Option During RIF Notice
If you receive a reduction-in-force (RIF) notice, agencies ordinarily expect you to remain in a duty status, but the rule allows an agency to place you on paid administrative leave for all or part of the notice period when the agency determines it appropriate. The regulation replaces the prior phrase "when possible" with the presumption of remaining on duty "under ordinary circumstances," while permitting administrative leave during notice periods at agency discretion.
10-Workday Cap Preserved for Investigations
If you are placed on administrative leave for investigative purposes, the statutory 10-workday calendar-year limit still applies. The final rule expressly prohibits using administrative leave for investigative purposes once the 10-workday limit is reached; agencies must then use the investigative-leave procedures under 5 U.S.C. 6329b.
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Key Dates
Department and Agencies
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