[Federal Register Volume 91, Number 123 (Monday, June 29, 2026)]
[Proposed Rules]
[Pages 39032-39037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13073]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 91, No. 123 / Monday, June 29, 2026 /
Proposed Rules
[[Page 39032]]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 351, 630 and 715
[Docket ID: OPM-2026-0397]
RIN 3206-AP07
Administrative Leave for Workforce Realignment and Other Purposes
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) proposes to amend its
regulations to more fully address the appropriate uses of
administrative leave, including use in connection with deferred
resignation programs and other workforce realignment initiatives, and
for other purposes. OPM is also proposing to amend its regulation on
resignations to clarify when an agency may accept or deny an employee's
request to withdraw a resignation in the context of a deferred
resignation program.
DATES: Comments must be received on or before July 29, 2026.
ADDRESSES: You may submit comments using the Federal eRulemaking Portal
at www.regulations.gov. Follow the instructions for submitting
comments.
Please arrange and identify your comments on the regulatory text by
subpart and section number. If your comments relate to the
supplementary information, please reference the heading and page number
in the supplementary section. All comments must be received by the end
of the comment period for them to be considered. All comments and other
submissions received generally will be posted on the internet at
https://regulations.gov, without change, including any personal
information provided. However, OPM retains discretion to redact
personal or sensitive information from comments before they are posted.
As required by 5 U.S.C. 553(b)(4), a summary of this rule may be
found in the docket for this rulemaking at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bryce Baker by telephone at (202) 606-
2858 or by email at [email protected].
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
issuing proposed regulations to amend its regulations on administrative
leave in 5 CFR part 351, subpart H and part 630, subpart N, and on
resignations in 5 CFR 715.202.
Background and Summary
On December 17, 2024, OPM issued final regulations on
administrative leave that added a new subpart N in 5 CFR part 630 (80
FR 102256). The regulations in subpart N govern use of administrative
leave authorized for Federal employees under 5 U.S.C. 6329a, which was
enacted as part of the Administrative Leave Act of 2016 (section 1138
of Public Law 114-328, December 23, 2016). OPM has identified the need
to clarify certain matters in the regulations. For example, these
proposed regulations provide additional information on unacceptable and
acceptable uses of administrative leave. In particular, the proposed
regulations add a list of specific examples of acceptable uses,
including use in connection with deferred resignation programs \1\ and
other workforce restructuring initiatives. The proposed regulations are
largely codifying existing OPM policies on administrative leave. The
primary OPM policy documents are a ``Fact Sheet: Administrative Leave''
and an OPM memorandum to agency Chief Human Capital Officers entitled
``Template for Agency Administrative Leave Policies'' (CPM 2025-12,
July 30, 2025) (``Agency Policy Template'').\2\ The Agency Policy
Template provided an OPM-approved draft of an agency administrative
leave policy document that an agency could use as a model for its own
policies. The Agency Policy Template incorporated statutory and
regulatory requirements as well as Governmentwide policies that
supplement those requirements. It also included agency-specific
policies recommended by OPM for inclusion. OPM encouraged agencies to
adopt the policies in the Template for consistency across the
Government.
---------------------------------------------------------------------------
\1\ See the following OPM memoranda on the 2025 Governmentwide
deferred resignation program available at https://www.opm.gov/chcoc/published-memos/: ``Guidance on Probationary Periods, Administrative
Leave and Details'' (January 20, 2025), ``Guidance Regarding
Deferred Resignation Program'' (January 28, 2025), ``Guidance on
Collective Bargaining Obligations in Connection with Deferred
Resignation Offer'' (February 4, 2025), and ``Legality of Deferred
Resignation Program'' (February 4, 2025).
\2\ The OPM ``Fact Sheet: Administrative Leave'' is found at
https://www.opm.gov/policy-data-oversight/pay-leave/leave-administration/fact-sheets/administrative-leave/. The OPM memorandum
``Template for Agency Administrative Leave Policies'' (CPM 2025-12,
July 30, 2025) is available at https://www.opm.gov/chcoc/published-memos/.
---------------------------------------------------------------------------
The proposed regulations would also revise OPM regulations on
resignations in 5 CFR 715.202 to (1) provide that an agency has sole
and exclusive discretion in deciding whether to accept or deny a
resignation before it has become effective and (2) specifically address
that an employee's receipt of benefits provided under a deferred
resignation agreement, such as paid administrative leave, is a valid
reason to deny an employee's request to withdraw a resignation. When an
employee has agreed to resign on a future date and to receive paid
leave benefits prior to that date, an agency has good reasons to deny a
resignation withdrawal request.
Proposed Changes to Administrative Leave Regulations
Nomenclature Changes
OPM is proposing to replace the word ``grant'' (and associated
variations of ``granted'' and ``granting'') with the word ``provide''
(or applicable variations ``provided'' and ``providing'') throughout
subpart N. These changes occur in Sec. Sec. 630.1402, 630.1403, and
630.1405. The word ``grant'' implies that administrative leave is
provided at an employee's request, which is generally not the case. In
some cases, employees may be placed in administrative leave status
without their consent--e.g., for investigative purposes. The word
``provide'' has a broader meaning that would encompass uses of
administrative leave with or without the employee's consent.
Section 630.1401--Purpose and Applicability
OPM is proposing to revise Sec. 630.1401(b) to add another
category of employees to which subpart N does not apply--namely,
Presidential appointees or other employees who are excluded from
coverage under the title 5 leave
[[Page 39033]]
laws under 5 U.S.C. 6301(a)(2)(x)-(xiii). Such employees are entitled
to the pay of their position solely because of their status as an
officer (5 U.S.C. 5508), without regard to the specific hours they
work. Such leave-exempt employees do not have a work schedule that
makes them account for specific hours through work or time off.
Section630.1402--Definitions
OPM is proposing to remove the definition of ``head of the agency''
from Sec. 630.1402. The definition was developed to be used in
connection with the originally proposed version of Sec.
630.1403(a)(5)(i) that appeared in proposed regulations published by
OPM on July 13, 2017 (82 FR 32263), and that required approval of
administrative leave policies by the head of the agency. The definition
of ``head of the agency'' allowed for delegation only to a single
agency-headquarters-level official who reported directly to the agency
head. However, in the final regulations issued on December 17, 2024 (89
FR 102256), OPM revised Sec. 630.1403(a)(5)(i) as follows: ``Permitted
under written agency policies (established by the head of the agency or
by other agency officials under a specific delegation of authority).''
Thus, there were no limits placed on the agency head's power to
delegate. OPM erred in adopting the definition of ``head of the
agency'' in the December 2024 final regulations.
Section630.1403--Principles, Prohibitions, and Examples of Acceptable
Uses
OPM is proposing to add the words ``sole and exclusive'' before the
word ``discretion'' in Sec. 630.1403(a)(2) and (4). OPM believes this
better reflects the decision of Congress to give this new discretionary
leave authority to agency heads who make final decisions on mission
needs and use of limited budget resources and the sense of Congress
that agency heads would be responsible for managing and overseeing the
effective and prudent use of the leave. OPM is authorized to prescribe
regulations governing the acceptable uses of administrative leave (5
U.S.C. 6329a(c)(1)). This proposed regulatory change reflects OPM's
judgment that acceptable uses are those uses, within the bounds of law
and regulation, that an agency determines to be appropriate in its sole
and exclusive discretion. The ``sole and exclusive discretion''
language is consistent with the existing regulation at Sec.
630.1403(a)(4), which states that an agency ``must retain the
discretion to grant or not grant administrative leave in any
circumstance based on agency judgments regarding mission needs.'' At
the same time, that regulation prevents an agency from establishing any
application of administrative leave as a mandatory entitlement.
OPM is proposing to add a sentence to Sec. 630.1403(a)(3) that
points to examples of when it is appropriate for an agency to approve
an incidence of administrative leave lasting more than 1 workday. Those
examples are provided in a new paragraph (c), which is discussed below.
OPM is proposing to revise Sec. 630.1403(b) dealing with
regulatory prohibitions on use of administrative leave. In paragraph
(b)(2), OPM is clarifying that the prohibition on using administrative
leave to recognize employee performance or contributions does not
prevent an agency from providing administrative leave to the general
workforce of the agency (or an organization within the agency) as a
morale-boosting special goodwill gesture, even if that action is
broadly linked to the accomplishments of the workforce. This issue was
raised by an agency after the final regulations on administrative leave
were published in December 2024, and OPM addressed it in its Agency
Policy Template. The proposed regulation is consistent with that
guidance.
OPM is also proposing to add in Sec. 630.1403(b) three new
regulatory prohibitions, which are already addressed in OPM's Agency
Policy Template, but which would be binding prohibitions that agencies
must apply.
The first new regulatory prohibition (Sec. 630.1403(b)(3)) is that
administrative leave may not be used for the purpose of placing an
employee in a nonduty status during an investigation of the employee's
conduct or performance once the employee has reached the 10-workday
calendar year limit in 5 U.S.C. 6329a(b)(1) and Sec. 630.1404 in
connection with a given investigation. Consistent with the intent of
Congress, once the 10-workday limit is reached, the agency must use
investigative leave under 5 U.S.C. 6329b if it wishes to continue to
conduct an investigation and continue to keep the employee in a paid
nonduty status. The language ``in connection with a given
investigation'' is intended to cover situations in which an employee
was placed on administrative leave due to an investigation, reached the
10-workday limit in that calendar year, and is then placed on section
6329b investigative leave as part of a continuing investigation. Once
an employee has reached the 10-workday limit in connection with a given
investigation, that limit is no longer applicable in governing the use
of section 6329b investigative leave with respect to the same
investigation. Thus, if the investigation continues into the next
calendar year, the agency can continue to place the employee on section
6329b investigative leave even though the employee has not reached the
10-workday limit on section 6329a administrative leave in the new
calendar year. (Section 6329b(b)(3)(A) bars use of section 6329b
investigative leave until expiration of the 10-workday period, but this
bar applies only in making a decision to start an initial period of
investigative leave in connection with a given investigation.)
The second new regulatory prohibition (Sec. 630.1403(b)(4)) is
that administrative leave may not be used for a purpose for which sick
leave could be used under OPM regulations (5 CFR 630.401(a))--unless
such use in a particular scenario is specifically approved by
Governmentwide policy issued by OPM or the President. As a general
principle, allowing administrative leave to be used for a sick leave
purpose would inappropriately circumvent the will of Congress, which
established a specific type of leave called ``sick leave.'' A general
bar is necessary to prevent agencies from using administrative leave as
a supplemental sick leave benefit, which they could feel pressure to do
in individual circumstances. The general bar applies regardless of
whether an employee has an available balance of sick leave. The
exception to the general bar requires OPM or Presidential approval,
which should be provided only in exceptional circumstances. For
example, during the COVID-19 national emergency, OPM adopted a
Governmentwide policy that allowed administrative leave to be used in
some very limited circumstances in which sick leave normally would have
been used (e.g., time spent getting and recovering from a vaccination).
The third new regulatory prohibition (Sec. 630.1403(b)(5)) is that
administrative leave may not be used to cover service by poll workers
or poll observers in connection with elections. OPM's current policies
allow administrative leave to give employees a reasonable opportunity
to vote on an election day, and OPM is proposing in this regulation
that that policy be codified (see proposed Sec. 630.1403(c)(2)).
However, OPM does not believe it is appropriate to use administrative
leave for other election-related matters beyond facilitating an
opportunity for an employee to vote. Employees may choose to use their
accrued annual leave or other available workforce flexibilities
[[Page 39034]]
to serve as poll workers or poll observers.
OPM is proposing to add a new paragraph (c) in Sec. 630.1403 that
provides a noncomprehensive list of examples of acceptable uses of
administrative leave. This list signals that an agency can provide
administrative leave in the covered scenarios without having to be
concerned that it may be contrary to Governmentwide policies. At the
same time, agencies are not required to provide administrative leave in
the listed scenarios. Agencies retain the sole and exclusive discretion
to determine whether to provide administrative leave to any employee or
category of employees based on their consideration of agency mission
requirements. The listed examples are generally consistent with current
OPM policies in its Agency Policy Template but would have a regulatory
foundation if included in final regulations. The listed examples of
acceptable uses of administrative leave are:
(1) For investigative purposes until the employee has reached the
10-workday calendar year limit;
(2) To provide an employee who has not voted early with a
reasonable opportunity to vote on a regular election day;
(3) To allow an employee to donate blood during the employee's tour
of duty;
(4) To allow an employee to participate in an agency's employee
assistance program for problem identification and referral to an
outside resource and for general employee orientation or education
activities;
(5) To provide for early dismissal (generally no more than 2 hours)
on the scheduled workday immediately before a Federal public holiday as
a morale-boosting general goodwill gesture;
(6) To allow an employee to rest and recover following unusually
lengthy tours of duty or extended travel for work purposes (for
example, the U.S. Forest Service in the Department of Agriculture or
the Department of the Interior may provide 2 to 3 days of
administrative leave to employees who have completed an extended
deployment to fight a wildland fire);
(7) To provide up to 5 days of administrative leave for a civilian
employee who needs time off to effectuate a change in his or her
residence to a different geographic area in order to accompany a
qualifying spouse--that is, a spouse who is a member of a one of the
uniformed services or a civilian Federal Government employee--when the
qualifying spouse's residence change is the result of military orders
or agency direction, as applicable;
(8) To provide extended periods of administrative leave (subject to
Governmentwide limits established by OPM or agency limits) to employees
who sign a written agreement to voluntarily separate on a specified
future date as a transition-to-separation tool that supports workforce
restructuring and realignment initiatives that are based on agency and
Governmentwide interests, including voluntary deferred resignation
programs, use of voluntary separation incentive payments, or use of
voluntary early retirement authorizations;
(9) To provide administrative leave to employees subject to an
involuntary separation via a reduction in force (RIF) during the period
between receipt of the RIF notice and the RIF separation when the
agency determines it is in the Government's best interests; or
(10) To provide extended periods of administrative leave (subject
to Governmentwide limits established by OPM or agency limits) to
facilitate the voluntary resignation of employees with documented poor
performance or misconduct under a settlement agreement that the agency
determines is in the Government's best interests after considering all
other reasonable alternatives.
The use of administrative leave in connection with deferred
resignation programs and other workforce restructuring initiatives is
particularly important. These programs facilitate workforce realignment
efforts that will lead to a leaner, less expensive, more efficient, and
more mission-focused Federal workforce. While there is a temporary cost
to providing administrative leave, these programs can generate large
long-term savings by reducing Federal staffing levels. They can reduce
the need to apply administratively burdensome and disruptive reduction-
in-force procedures. They can also facilitate and expedite the removal
of employees whose performance or conduct has been identified as
unsatisfactory.
As noted above, the list of examples in the proposed Sec.
630.1403(c) is a noncomprehensive list. OPM may address other examples
in policy guidance. For example, OPM's Agency Policy Template addresses
possible use of limited amounts of administrative leave for approved
physical fitness activities as long as the use is consistent with OPM
regulations on administrative leave, including consideration of the
decision factors in Sec. 630.1403(a)(6). The Agency Policy Template
further states that, in providing such leave, authorized agency
officials (1) must retain the discretion to provide or not provide
administrative leave based on agency judgments of mission needs and (2)
may not grant the administrative leave as an entitlement without regard
to mission needs. OPM invites comments on the policy of allowing
limited use of administrative leave for physical fitness activities and
on whether this policy should be included in the regulatory examples of
acceptable uses. OPM requests that those commenters supporting use of
administrative leave for physical fitness activities provide their
views on the principles, conditions, and limitations that should govern
such use.
Proposed Changes to Reduction-in-Force (RIF) Regulations
OPM is proposing to revise 5 CFR 351.806 to clarify that that use
of administrative leave during a RIF notice period is permissible, if
an agency determines that there is justification for putting the RIF-
affected employee in nonduty status. Under the current Sec. 351.806,
agencies are directed to keep a RIF-affected employee in duty status
during a RIF notice when possible. Keeping a RIF-affected employee in
duty status may not be possible if an agency is concerned it could
jeopardize Government interests. The proposed regulatory clarification
is consistent with OPM's Agency Policy Template, which specifically
stated that an agency may provide administrative leave during a RIF
notice period, if it determines such use supports agency interests.
Also, we are proposing to revise Sec. 351.806 to state that the
general rule of keeping an employee in duty status during a RIF notice
period applies in ``ordinary circumstances'' instead of ``when
possible.'' This change is consistent with the language in the
regulation in 5 CFR 752.404(b)(3) dealing with keeping an employee in
duty status during the notice period for a proposed removal or
suspension.
Proposed Changes to Resignation Regulations
OPM is proposing to revise paragraph (b) of 5 CFR 715.202. In
current regulations, Sec. 715.202(b) allows an agency to accept or
decline an employee's request to withdraw a resignation before its
effective date. If an agency declines such a request, it must provide a
valid reason and explain that reason to the employee. In the proposed
revision to Sec. 715.202(b), OPM is making clear that the decision to
accept or decline a resignation withdrawal request is made at the
agency's sole and exclusive discretion. Also, OPM is
[[Page 39035]]
adding another example of a valid reason for declining an employee's
request--namely, that the employee accepted benefits under a deferred
resignation agreement. For example, if an employee received paid
administrative leave in connection with a deferred resignation
agreement, an agency may determine that it would be inappropriate to
allow an employee to withdraw the resignation and keep the paid leave
benefits. There is no authority to require or permit repayment of the
administrative leave benefits after it has been provided.
Regulatory Impact Analysis
A. Statement of Need
After having over 1 year of experience in applying the final
regulations on administrative leave issued in December 2024, OPM has
identified the need to clarify certain matters in the regulations.
While OPM has issued policy guidance (see footnote 2) that largely
addresses these matters, regulations are needed to achieve greater
consistency across agencies and a firmer legal foundation for the
policies. OPM is proposing to add certain prohibited uses of
administrative leave so that the prohibitions are binding on agencies.
OPM is proposing to add examples of acceptable uses of administrative
leave so that agencies can be assured those uses have a regulatory
foundation. For example, OPM is proposing to include the extended use
of administrative leave in connection with a deferred resignation
program as an acceptable use of administrative leave. Also, through the
proposed regulations, OPM is better fulfilling its statutory charge to
prescribe regulations that address agency uses of administrative leave
(5 U.S.C. 6329a(c)(1)). OPM also identified the need to clarify that
agencies have sole and exclusive discretion in making decisions to
provide or not provide administrative leave, subject to governing law
and regulations.
OPM is also proposing to amend the resignation regulation in 5 CFR
715.202 to identify the acceptance of benefits, such as administrative
leave, as a valid reason for an agency to deny an employee's request to
withdraw a resignation commitment made as part of a deferred
resignation agreement. This gives agencies a clearer regulatory basis
for denying a resignation withdrawal request by a participant in a
deferred resignation program.
B. Regulatory Alternatives
OPM considered the alternative of not adding additional regulatory
prohibitions or examples of acceptable uses of administrative leave and
instead relying on OPM policies. For the reasons given in the Statement
of Need section, OPM concluded that various policies should be codified
in regulation. With respect to the proposed revision of the resignation
regulation, OPM considered the possibility of not making the change but
determined agencies would be better served by a regulation that gives
them a clear and specific legal basis for denying a resignation
withdrawal request by an employee participating in a deferred
resignation program.
C. Impact
Since OPM would be codifying in regulation existing policies on
administrative leave, OPM does not expect significant changes in the
usage of administrative leave. Agencies generally follow OPM policies
even if they are not legally binding in the way regulations are.
Codifying policies in regulations would provide a firmer legal
foundation for those policies, promote consistency across agencies, and
avoid disputes between employees and agencies. Since this proposed
regulation affects only Federal agencies and employees, it would have
no substantial impact on local economies or labor markets.
D. Costs
As explained in the Impact section, OPM does not expect the
proposed regulations to result in significant changes in the usage of
administrative leave. Governmentwide policies that parallel the
proposed regulations are already in place. OPM is simply giving its
policies an enhanced legal standing by incorporating them in
regulation. Accordingly, OPM does not project that costs or savings
will result from the proposed regulations. OPM believes the
administrative burdens associated with implementing the proposed
regulations, if finalized, will be de minimis, since agencies are
already operating under parallel OPM policies. There could be minor
administrative cost savings to the extent that codifying policies in
regulations reduces disputes.
Similarly, OPM does not expect the proposed change to the
resignation regulation to have a significant effect on the number of
resignation withdrawals. The existing regulation already allows an
agency to deny an employee's request to withdraw a resignation for a
valid reason. The proposed regulation simply identifies an employee's
acceptance of benefits (such as administrative leave) as part of a
deferred resignation agreement as a specific example of a valid reason.
The proposed regulation could result in fewer or less lengthy disputes,
but the number of affected cases would be very small.
E. Benefits
This proposed rule has important benefits. The proposed regulations
would provide more transparency and accountability, provide a firmer
legal foundation for allowing or prohibiting certain uses of
administrative leave, promote consistency across agencies, clarify the
authority of agencies, and reduce potential disputes. With respect to
the proposed revision of the resignation regulation, it would provide a
regulatory basis for denying a resignation withdrawal request and set
clear expectations for employees who enter into a deferred resignation
agreement.
Regulatory Compliance
A. Regulatory Flexibility Act
The Director of OPM certifies that this rule will not have a
significant economic impact on a substantial number of small entities
because it will apply only to Federal agencies and employees.
B. Regulatory Review
The Office of Information and Regulatory Affairs in the Office of
Management and Budget has designated this as a significant regulatory
action under E.O. 12866 section 3(f). Accordingly, OPM has examined the
impact of this rule as required by E.O.s 12866 and 13563, which direct
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public, health, and safety effects, distributive
impacts, and equity). A regulatory impact analysis must be prepared for
rules that have an annual effect on the economy of $100 million or more
in any one year or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. This rulemaking does not reach that
threshold. This rule is not expected to be considered a regulatory
action under E.O. 14192 because it imposes no more than de minimis
costs.
C. Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or
[[Page 39036]]
on distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with E.O. 13132, the Director
of OPM certifies that this proposed rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
D. Civil Justice Reform
This rulemaking meets the applicable standards set forth in section
3(a) and (b)(2) of E.O. 12988.
E. Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated costs and benefits before
issuing any rule that would impose spending costs on State, local, or
tribal governments in the aggregate, or on the private sector, in any 1
year of $100 million in 1995 dollars, updated annually for inflation.
That threshold is currently approximately $206 million. This rulemaking
will not result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, in excess of
the threshold. Thus, no written assessment of unfunded mandates is
required.
F. Paperwork Reduction Act
This rulemaking does not impose any reporting or recordkeeping
requirements subject to the Paperwork Reduction Act (44 U.S.C. chapter
35).
List of Subjects
5 CFR Part 351
Administrative practice and procedure, Government employees.
5 CFR Part 630
Emergency preparedness, Government employees, Reporting and
recordkeeping requirements, Wages, Weather.
5 CFR Part 715
Government employees.
Signing Statement
The Director of OPM, Scott Kupor, reviewed and approved this
document and has authorized the undersigned to electronically sign and
submit this document to the Office of the Federal Register for
publication.
Office of Personnel Management.
Jerson Matias,
Federal Register Liaison.
For the reasons stated in the preamble, OPM proposes to amend 5 CFR
parts 351, 630, and 715 as follows:
PART 351--REDUCTION IN FORCE
0
1. The authority citation for part 351 continues to read as follows:
Authority: 5 U.S.C. 1302, 2301, 3502, 3503, 38 U.S.C. 4331; E.O.
14284, 90 FR 17729; 5 CFR 2.2(c). Sec. 351.801 also issued under
E.O. 12828, 58 FR 2965, 3 CFR, 1993 Comp., p. 569.
Subpart H--Notice to Employee
0
2. Revise Sec. 351.806 to read as follows:
Sec. 351.806 Status during notice period.
(a) General. Under ordinary circumstances, an employee will remain
in a duty status during the notice period.
(b) Administrative leave. Nothing in this section precludes an
agency from placing an employee on administrative leave for all or part
of the notice period when the agency determines that such leave is
appropriate and the use of administrative leave is consistent with part
630, subpart N, of this chapter.
(c) Emergency lack of work or funds. When, in an emergency, the
agency lacks work or funds for all or part of the notice period, it may
place the employee on annual leave with or without the employee's
consent, on leave without pay with the employee's consent, or in a
nonpay status without the employee's consent.
PART 630--ABSENCE AND LEAVE
0
3. The authority citation for 5 CFR part 630 is revised to read as
follows:
Authority: Subparts A through E issued under 5 U.S.C. 6133(a)
(read with 5 U.S.C. 6129), 6303(e) and (f), 6304(d)(2), 6306(b),
6308(a) and 6311. Subpart F issued under 5 U.S.C. 6305(a) and 6311
and E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163. Subpart G
issued under 5 U.S.C. 6305(c) and 6311. Subpart H issued under 5
U.S.C. 6133(a) (read with 5 U.S.C. 6129) and 6326(b). Subpart I
issued under 5 U.S.C. 6332, 6334(c), 6336(a)(1) and (d), and 6340.
Subpart J issued under 5 U.S.C. 6340, 6363, 6365(d), 6367(e),
6373(a). Subpart K issued under 5 U.S.C. 6391(g). Subpart L issued
under 5 U.S.C. 6383(f) and 6387. Subpart M issued under Sec. 2(d),
Pub. L. 114-75, 129 Stat. 641 (5 U.S.C. 6329 note). Subpart N issued
under 5 U.S.C. 6329a(c). Subpart O issued under 5 U.S.C. 6329b(h).
Subpart P issued under 5 U.S.C. 6329c(d).
Subpart N--Administrative Leave
0
4. In subpart N:
0
a. Remove the word ``grant'', wherever it appears, and add, in its
place, the word ``provide'';
0
b. Remove the word ``granted'', wherever it appears, and add, in its
place, the word ``provided''; and
0
c. Remove the word ``granting'', wherever it appears, and add, in its
place, the word ``providing''.
0
5. Amend Sec. 630.1401 by revising paragraph (b) to read as follows:
Sec. 630.1401 Purpose and Applicability.
* * * * *
(b) This subpart applies to an employee as defined in 5 U.S.C. 2105
who is employed in an agency, but does not apply to--
(1) An intermittent employee who, by definition, does not have an
established regular tour of duty during the administrative workweek; or
(2) A Presidential appointee or other employee who is excluded from
coverage under title 5 leave laws (5 U.S.C. 6301(a)(2)(x)-(xiii)) and
who is entitled to the pay of his or her office solely because of
status as an officer (5 U.S.C. 5508).
* * * * *
Sec. 630.1402 [Amended]
0
6. Amend Sec. 630.1402 by removing the definition of ``Head of the
agency''.
0
7. Amend Sec. 630.1403 by:
0
a. Revising the section heading;
0
b. In paragraph (a)(2), adding the words ``sole and exclusive'' before
the word ``discretion'';
0
c. Revising paragraph (a)(3);
0
d. In paragraph (a)(4), adding the words ``sole and exclusive'' before
the word ``discretion'';
0
e. Revising paragraph (b); and
0
f. Adding paragraph (c).
The revisions and additions made by paragraphs a, c, e, and f of
the above amendatory instructions read as follows:
Sec. 630.1403 Principles, prohibitions, and examples of acceptable
uses.
(a) * * *
(3) Administrative leave is appropriately used for brief or short
periods of time--usually for not more than 1 workday. An incidence of
administrative leave lasting more than 1 workday may be approved in
applicable circumstances described in paragraph (c) of this section or
when otherwise determined to be appropriate by an agency.
* * * * *
(b) Specific prohibited uses. An agency may not provide
administrative leave--
(1) To mark the memory of a deceased former Federal official (see
also 5 U.S.C. 6105);
(2) As a reward to recognize the performance or contributions of an
employee or group of employees (i.e., in lieu of a cash award or a
time-off award), except that an agency may provide administrative leave
to all
[[Page 39037]]
employees of an organization as a morale-boosting goodwill gesture,
even if it is broadly linked to the accomplishments of the
organization;
(3) For investigative purposes (i.e., involving an
``investigation'' as defined in 5 CFR 630.1502) after an employee has
reached the 10-workday calendar year limit described in Sec. 630.1404
in connection with a given investigation;
(4) For a purpose for which sick leave could be used (5 CFR
630.401(a))-- unless such use in a particular scenario is specifically
approved by Governmentwide policy issued by OPM or the President);
however, an employee who is eligible to use sick leave may be provided
administrative leave on the same basis it is provided to an employee
who is not so eligible when the administrative leave is provided for
some other purpose; or
(5) To cover service by poll workers or poll observers in
connection with elections.
(c) Examples of acceptable uses. An agency may at its sole and
exclusive discretion provide administrative leave in circumstances that
satisfy the requirements in paragraph (a) of this section, including in
the following circumstances:
(1) For investigative purposes until the employee has reached the
10-workday calendar year limit described in Sec. 630.1404;
(2) To provide an employee who has not voted early with a
reasonable opportunity to vote on a regular election day;
(3) To allow an employee to donate blood during the employee's tour
of duty;
(4) To allow an employee to participate in an agency's employee
assistance program for problem identification and referral to an
outside resource and for general employee orientation or education
activities;
(5) To provide for early dismissal (generally no more than 2 hours)
on the scheduled workday immediately before a Federal public holiday as
a morale-boosting goodwill gesture;
(6) To allow an employee to rest and recover following unusually
lengthy tours of duty or extended travel for work purposes (for
example, the U.S. Forest Service in the Department of Agriculture or
the Department of the Interior may provide 2 to 3 days of
administrative leave to employees who have completed an extended
deployment to fight a wildland fire);
(7) To provide up to 5 days of administrative leave for a civilian
employee who needs time off to effectuate a change in his or her
residence to a different geographic area in order to accompany a
qualifying spouse--that is, a spouse who is a member of a one of the
uniformed services or a civilian Federal Government employee--when the
qualifying spouse's residence change is the result of military orders
or agency direction, as applicable;
(8) To provide extended periods of administrative leave (subject to
Governmentwide limits established by OPM or agency limits) to employees
who sign a written agreement to voluntarily separate on a specified
future date as a transition-to-separation tool that supports workforce
restructuring and realignment initiatives that are based on agency and
Governmentwide interests, including voluntary deferred resignation
programs, use of voluntary separation incentive payments, or use of
voluntary early retirement authorizations;
(9) To provide administrative leave to employees subject to an
involuntary separation via a reduction in force (RIF) during the period
between receipt of the RIF notice and the RIF separation when the
agency determines it is in the Government's best interests; or
(10) To provide extended periods of administrative leave (subject
to Governmentwide limits established by OPM or agency limits) to
facilitate the voluntary resignation of an employee with documented
poor performance or misconduct under a settlement agreement that the
agency determines is in the Government's best interests after
considering all reasonable alternatives.
PART 715--NONDISCIPLINARY SEPARATIONS, DEMOTIONS, AND FURLOUGHS
0
8. The authority citation for 5 CFR part 715 is revised to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302, 7301; E.O. 10577, 19 FR
7521, 3 CFR, 1954-1958 Comp., p. 218.
Subpart B--Voluntary Separations
* * * * *
0
9. Revise Sec. 715.202 to read as follows:
Sec. 715.202 Resignation.
(a) General. An employee is free to resign at any time, to set the
effective date of his or her resignation, and to have his or her
reasons for resigning entered in his or her official records.
(b) Withdrawal of resignation. An agency may, in its sole and
exclusive discretion, accept or decline an employee's request to
withdraw his or her resignation at any time before it has become
effective. An agency may decline a request to withdraw a resignation
before its effective date only when the agency has a valid reason and
explains that reason to the employee. A valid reason includes, but is
not limited to, administrative disruption, the hiring of or commitment
to hire a replacement, or the employee's acceptance of benefits
provided under a deferred resignation agreement. Avoidance of adverse
action proceedings is not a valid reason.
[FR Doc. 2026-13073 Filed 6-26-26; 8:45 am]
BILLING CODE 6325-39-P