The Office of Personnel Management has proposed new rules on administrative leave. The proposed rules create strict guidelines for approving administrative leave. They also require second-level review by an agency official to “help prevent inappropriate uses and ensure that administrative leave is used sparingly.” Final rules are set to be issued by September 19, 2017.
The proposed rules require agencies to keep records and submit data reports that identify each instance of administrative leave, investigatory leave, notice leave, and weather and safety leave. The rules also prohibit any employee from being on administrative leave for more than 10 days in a calendar year.
Specific justification required for administrative leave
If finalized, agencies would have to justify all use of administrative leave by showing one of the following:
- The employee’s absence directly relates to the agency’s mission. For example, an agency could grant administrative leave for an employee to attend a professional meeting related to the agency’s mission.
- The employee is absent from work in order to attend an official agency-sponsored activity, such as a blood drive at an agency facility.
- The employee’s absence would be in the best interest of the agency or the government as a whole. Examples include allowing employees to participate in employee wellness events, such as flu vaccines, and ensuring employees have the opportunity to vote.
Administrative leave prohibited for certain reasons
According to the proposed rules, agencies could not grant administrative leave to:
- Mark the memory of a deceased federal official;
- Permit an employee to participate in an event for his/her personal benefit or the benefit of an outside organization;
- Award an employee for job performance; or
- Allow an employee to participate in volunteer work that the agency does not officially sponsor.
Importantly, the proposed rules state that investigative and notice leave are allowed only if an agency official determines that the employee’s presence at work could pose a threat to the employee or others, result in loss or damage to government property, result in destruction of evidence relevant to an investigation, or otherwise jeopardize the legitimacy of government interests. Before using these options, agencies must consider alternatives to avoid or minimize the use of paid leave, such as changing the employee’s duties or work location.
Call Alan Lescht and Associates, P.C., at (202) 463-6036, or email us, if you questions about federal employee administrative leave. We offer strategic and results-driven legal services to federal government employees around the world.