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Administrative leave

Administrative leave is an employer-authorized temporary absence from workplace duties, typically with full pay and without deduction from an employee's accrued leave balances, most commonly invoked during investigations into alleged misconduct, workplace safety concerns, or other administrative necessities that require separation from the work environment pending resolution.^[1]^[2] In the United States federal government, it is a discretionary tool rather than an employee entitlement, subject to statutory limits such as no more than 10 workdays per calendar year for investigative purposes under 5 U.S.C. § 6329a, with recent regulations distinguishing it from investigative leave for longer periods to curb potential overuse.^[3]^[4] Private sector applications lack uniform federal mandates but align with similar principles, where paid status is advisable for non-hourly exempt employees to comply with Fair Labor Standards Act requirements and mitigate claims of constructive discipline.^[5] Key defining characteristics include its role in preserving operational continuity and evidence integrity during probes, though it has drawn criticism for enabling prolonged paid idleness that imposes significant fiscal burdens on public employers—often amounting to millions in taxpayer-funded salaries for employees under scrutiny—without guaranteeing disciplinary outcomes, thereby functioning more as a deferral of accountability than a corrective measure.^[6]^[7] Courts have variably treated it as a potential adverse employment action in discrimination suits, depending on duration and context, underscoring tensions between administrative expediency and employee rights.^[8]

Definition and Legal Framework

Core Definition and Purposes

Administrative leave constitutes an employer-initiated temporary relief from an employee's standard job duties and workplace presence, typically without loss of pay, benefits, or accrual of other leave entitlements. This absence is authorized administratively rather than through statutory entitlements like annual or sick leave, allowing organizations to manage specific operational or risk-related scenarios while preserving employee compensation.^[1]^[2] In practice, it often involves instructing the employee to remain at home or avoid the worksite, with durations varying from days to months depending on the underlying circumstances.^[9]^[10] The core purposes center on enabling unbiased investigations into alleged misconduct, policy breaches, or compliance matters, where an employee's continued presence could compromise evidence collection, witness interviews, or operational integrity. By isolating the individual, employers prevent potential interference, retaliation, or further incidents during fact-finding.^[10]^[11] It also facilitates risk mitigation in scenarios involving workplace safety threats, such as credible accusations of violence, harassment, or security violations, thereby prioritizing organizational stability and employee protection without immediate termination.^[12]^[13] In regulated sectors like federal employment, administrative leave addresses broader administrative needs, such as office closures due to emergencies or transitional periods, but its application is constrained—for example, limited to 10 workdays annually absent exceptional justifications—to curb overuse and ensure fiscal accountability.^[3]^[1] This mechanism underscores a causal balance: it temporarily disrupts routines to resolve uncertainties empirically, rather than presuming guilt or innocence prematurely, though prolonged use may signal deeper disciplinary trajectories.^[14]^[7]

Distinctions from Other Forms of Leave

Administrative leave differs fundamentally from employee-initiated benefit leaves such as annual vacation or paid time off (PTO), which accrue based on service tenure and allow workers to schedule absences for personal rest, recreation, or discretionary purposes at their discretion.^[1] In contrast, administrative leave is imposed unilaterally by the employer as a management tool, typically without deducting from an employee's accrued leave balances, and serves operational needs rather than employee preferences.^[15] For instance, under U.S. federal regulations, it authorizes absence without loss of pay or charge to other leave categories, emphasizing its administrative discretion over entitlement.^[1] Unlike sick or medical leave, which addresses personal health conditions and may involve statutory protections like the Family and Medical Leave Act (FMLA) for unpaid, job-protected time off, administrative leave is not tied to the employee's medical needs but to employer-determined circumstances, such as pending investigations or workplace disruptions.^[16] FMLA leave, for example, requires eligibility based on hours worked and employer size, often allowing substitution of paid leave but remaining employee-driven for qualifying reasons like serious illness; administrative leave bypasses such frameworks, functioning as a neutral removal from duties without implying fault or health-related justification.^[17] Parental or maternity leave, governed by laws like the Federal Employee Paid Leave Act for up to 12 weeks of paid time for new child bonding, contrasts with administrative leave by focusing on family events with presumptive approval and non-disciplinary intent.^[3] Administrative leave, however, arises from employer-initiated scenarios unrelated to life events, such as risk mitigation during allegations of misconduct, and lacks the automatic accrual or protected status of family leaves.^[2] A key demarcation exists from disciplinary suspensions, which impose restrictions as a punitive measure—potentially unpaid and explicitly tied to policy violations—whereas administrative leave maintains pay and neutrality to avoid prejudging investigations.^[18] Courts and agencies distinguish the two to prevent conflating neutral fact-finding absences with punishment, as punitive suspensions may trigger due process rights absent in administrative placements.^[2] This preserves administrative leave's role as a precautionary, non-adversarial option, used sparingly per federal guidelines to minimize fiscal impact while ensuring operational continuity.^[19]

Historical Development

Origins in Employment Practices

Administrative leave originated as a discretionary tool in public sector employment, particularly within U.S. federal agencies, derived from implied managerial authority under the housekeeping statute (5 U.S.C. § 301), which permits agencies to govern internal operations including excused absences without loss of pay.^[20] This practice allowed supervisors to temporarily remove employees from duties for administrative reasons, such as pending investigations into misconduct or performance issues, without immediately resorting to formal disciplinary actions that required due process under civil service protections.^[1] Early applications extended beyond investigations to practical necessities like office closures due to severe weather, employee participation in blood drives, or civic activities such as voting and training sessions, reflecting a broad interpretation of agency discretion to maintain operational continuity.^[20] In law enforcement and other high-risk public roles, administrative leave became a standard precaution to mitigate liability and ensure impartiality during internal probes, such as after officer-involved shootings or allegations of excessive force, preventing potential interference with evidence collection or public safety risks from reassigned duties.^[3] This usage predates codified limits, with records indicating inconsistent application across agencies; for instance, a 2014 Government Accountability Office analysis of fiscal years 2011–2013 revealed over 57,000 federal employees on such leave for periods ranging from one month to three years, often tied to conduct-related inquiries, at a cost exceeding $3.1 billion.^[21] In private employment practices, analogous concepts appeared in union contracts and management policies as "paid suspensions" or temporary reassignments, but the formalized term "administrative leave" remained predominantly associated with government contexts where procedural safeguards limited abrupt terminations.^[1] The practice's roots align with mid-20th-century expansions of civil service systems, which emphasized due process and employee protections, necessitating interim measures to address immediate concerns without violating tenure rights established under reforms like the Pendleton Act of 1883, though explicit documentation of "administrative leave" as a distinct category emerged later through agency guidelines rather than statute.^[3] Prior to the Administrative Leave Act of 2016 (enacted via the National Defense Authorization Act for Fiscal Year 2017), which capped routine use at 10 business days annually under 5 U.S.C. § 6329a, its employment origins emphasized flexibility for employers facing evidentiary uncertainties in regulated workforces.^[22]

Evolution and Responses to Misuse

Administrative leave originated as a flexible administrative tool in U.S. public sector employment, particularly within federal agencies, dating back to at least the mid-20th century as part of broader civil service management practices under the U.S. Office of Personnel Management's oversight. Initially authorized under 5 U.S.C. § 6329 for temporary absences without loss of pay—such as for voting, blood donations, or severe weather—it evolved into a standard mechanism for removing employees from duties during misconduct investigations, especially in law enforcement and government roles, to mitigate risks like evidence tampering or workplace disruption while avoiding immediate disciplinary actions that could invite legal challenges.^[1]^[20] By the early 2010s, its use had expanded significantly, with agencies granting it for extended periods amid internal probes, often as a precautionary measure influenced by union agreements and liability concerns, though private sector adoption followed suit through HR policies aimed at similar risk mitigation without statutory mandates.^[21] Misuse became evident through empirical audits, notably a 2014 Government Accountability Office (GAO) report documenting inconsistent tracking and prolonged applications across agencies, where federal employees accrued paid administrative leave totaling millions in costs— with some individuals on leave for months or up to three years, representing 3% of cases reviewed from fiscal years 2011 to 2013—effectively turning it into a de facto paid suspension without accountability or productivity.^[23]^[24] This pattern persisted, as evidenced by ongoing GAO findings of discretionary overreach, where managers defaulted to leave rather than alternatives like reassignment, exacerbating taxpayer burdens estimated in hundreds of millions annually and undermining disciplinary efficiency.^[25] In the private sector, analogous abuses surfaced in litigation, such as retaliatory placements disguised as investigations, prompting critiques of it serving as a tool to coerce resignations or evade due process.^[20] Responses materialized through legislative and regulatory reforms to enforce limits and promote alternatives. The 2016 Administrative Leave Act, enacted following the GAO's documentation of widespread abuse, capped routine administrative leave at 10 workdays per year per employee unless higher authorities approved extensions, while introducing distinct categories like investigative leave for probes exceeding that threshold and notice leave for pending actions, with mandates for documentation, alternative duty assessments, and progress reporting to curb indefinite placements.^[26]^[25] Building on this, the Office of Personnel Management (OPM) issued a final rule on December 17, 2024, refining implementation by prohibiting its use for sick leave equivalents, requiring agencies to exhaust options like telework or modified duties first, and setting a 12-week maximum for certain workforce realignments starting in 2026, alongside enhanced recording standards to enable oversight and reduce fiscal waste.^[3] These measures, though facing compliance lapses as of 2025 with tens of thousands of federal workers exceeding caps, reflect a causal shift toward time-bound, justified applications, informed by audit data showing prior reforms' potential to reclaim productivity and funds, while private employers have increasingly incorporated parallel policy guidelines via HR associations to align with best practices against liability.^[27]^[25]

Applications by Context

Investigative and Disciplinary Uses

Administrative leave is frequently imposed during investigations into employee misconduct, such as allegations of harassment, theft, policy breaches, or erratic behavior, to temporarily remove the individual from the workplace while maintaining their employment status. This practice enables employers to gather evidence, interview witnesses, and assess the situation without risks of interference, such as tampering with records or influencing colleagues. In sectors like law enforcement, it is routinely applied following incidents like officer-involved shootings to ensure operational continuity and impartiality.^[10] The primary investigative purpose is to facilitate an unimpeded probe, often triggered by internal complaints, compliance audits, or external reports, while preserving workplace safety and morale. Employers must provide clear notice of the leave's terms, including duration and expectations for availability during the inquiry, to uphold due process obligations, particularly in unionized or public sector settings. In the U.S. federal government, administrative leave for such purposes is authorized under 5 U.S.C. 6329a for up to 10 workdays per calendar year when conducting an "investigation" into potential misconduct or criminal activity, as defined in 5 CFR 630.1502, after which agencies transition to structured investigative leave limited to 30-90 workdays under 5 U.S.C. 6329b.^[1]^[3] Regarding disciplinary applications, administrative leave functions as an interim safeguard rather than a direct punishment, bridging the gap between allegation and resolution, such as potential termination or lesser sanctions. It differs from formal disciplinary suspensions, which are explicitly corrective and may involve unpaid time as a deterrent. Typically paid to exempt employees to comply with Fair Labor Standards Act requirements and avoid claims of wage withholding or constructive discharge, unpaid variants are discouraged as they risk being construed as punitive or retaliatory, potentially inviting litigation.^[10]^[5] Legal frameworks emphasize that while at-will employment permits broad employer discretion in private sectors, administrative leave must not violate protected rights, such as those under whistleblower statutes or collective bargaining agreements. For instance, employees under investigation remain entitled to benefits and may be required to refrain from workplace contact, with outcomes ranging from reinstatement to dismissal based on findings.^[10]^[28]

Workplace Safety and Risk Mitigation

Administrative leave serves as a mechanism for employers to temporarily remove employees from the workplace when their continued presence could constitute a direct threat to the health or safety of others, thereby mitigating immediate risks such as potential violence or instability pending further evaluation.^[29] This approach aligns with employer obligations under the Americans with Disabilities Act (ADA), which permits such actions based on an individualized assessment of objective evidence, including the duration, nature, and severity of the risk, as well as the likelihood and imminence of potential harm.^[30] For instance, behaviors like threats, aggressive outbursts, or documented patterns of hostility may trigger placement on paid administrative leave to prevent escalation, allowing time for fitness-for-duty examinations or threat assessments without exposing colleagues to harm.^[31] In federal employment contexts, administrative leave is authorized for safety-related emergencies, including situations involving workplace violence prevention, where an employee's removal facilitates de-escalation and protects the operational environment.^[1] Policies in various jurisdictions, such as those outlined in county-level ADA guidelines, explicitly direct that employees posing a direct threat be placed on administrative leave until a determination on accommodations or discipline is reached, ensuring continuity of pay while prioritizing hazard reduction.^[32] Healthcare sector toolkits further recommend administrative leave during investigations of violent incidents to safeguard staff and patients, often coupled with post-event reviews to identify preventive measures.^[33] Employers must exercise caution in applying administrative leave for safety risks, as it requires reasonable belief supported by evidence rather than speculation, to avoid liability under anti-discrimination laws; overuse or misapplication can undermine its effectiveness as a targeted risk control.^[34] Empirical guidance from human resources authorities emphasizes its sparing use, reserved for scenarios where alternative accommodations fail to eliminate the threat, thereby balancing employee rights with causal imperatives to avert foreseeable harm in dynamic work settings.^[29]

Other Administrative Scenarios

Administrative leave is employed in various non-investigative contexts to support operational needs or employee welfare aligned with organizational interests. In the U.S. federal government, following regulations under 5 U.S.C. § 6329a effective January 16, 2025, agencies may grant it without hour limits for workforce restructuring, including reductions in force (RIF) and deferred resignation programs, to facilitate voluntary or involuntary separations while maintaining pay and benefits during transitions.^[1]^[3] This use serves agency efficiency by allowing realignment without immediate productivity loss, though it must adhere to mission-related principles and is not an entitlement.^[1] Professional development constitutes another permitted scenario, where leave enhances employee skills directly relevant to their current role, such as attending agency-sanctioned training or professional association meetings benefiting the organization.^[3] Limited durations apply to ancillary activities like blood donation (up to 4 hours per instance) or voting (up to 3 hours if no alternative time exists), reflecting discrete administrative accommodations rather than broad entitlements.^[1] For military spouses, up to 5 days may be authorized during geographic relocations ordered by the service member’s command, prioritizing retention of skilled federal personnel amid family disruptions.^[1] In state and local public sectors, analogous practices emerge for operational disruptions, such as facility closures unrelated to immediate safety threats, where employees receive paid release from duty during maintenance or emergency-ordered shutdowns. Private sector applications are less standardized but include temporary absences for office relocations or non-emergency closures, often to preserve continuity without charging personal leave, though employers retain discretion and such uses lack federal mandates.^[14] These scenarios underscore administrative leave's role in balancing administrative exigencies with employee stability, subject to agency or employer policy limits to prevent abuse.^[3]

Sectoral and Jurisdictional Variations

Public Sector Practices

In the United States federal government, administrative leave permits agencies to authorize paid absences from duty without deducting from an employee's accrued leave balances, primarily for short-term needs such as emergencies, brief investigative pauses, or operational disruptions, as outlined by the Office of Personnel Management (OPM).^[1] This practice stems from 5 U.S.C. provisions and was refined by the Administrative Leave Act of 2016, with implementing regulations finalized on December 17, 2024, restricting non-investigative administrative leave to no more than 10 workdays per calendar year to prevent overuse.^[3] For disciplinary investigations, agencies may instead use investigative leave, limited to 12 weeks unless extended with higher-level approval, ensuring employees remain compensated while removed from duties to mitigate risks like evidence tampering or workplace disruption.^[35] At state and local levels, administrative leave practices mirror federal guidelines but vary by jurisdiction and collective bargaining agreements, often mandating paid status for public employees during probes into misconduct, safety concerns, or legal matters to uphold due process under civil service rules.^[36] In law enforcement, for instance, officers accused of excessive force or policy violations are routinely placed on paid administrative leave, typically with conditions such as weapon surrender and restricted access to department facilities, pending internal affairs reviews that can span weeks to months.^[37] Public school districts apply similar measures for teachers facing allegations of impropriety, such as student safety issues, authorizing paid leave to isolate the employee from students and colleagues while investigations proceed, as permitted by district policies and state education codes.^[38] These practices prioritize operational continuity and legal compliance over immediate termination, reflecting public sector emphases on accountability through structured removal rather than punitive suspension without pay, though durations are intended to remain temporary and justified by documented rationale.^[39] Unpaid administrative leave is rarer, reserved for cases lacking statutory pay protections, and agencies must track usage to align with fiscal oversight requirements.^[25]

Private Sector Approaches

In the private sector, administrative leave functions as a discretionary human resources tool, enabling employers to temporarily relieve employees of their duties without immediate termination, typically during internal investigations into alleged misconduct such as harassment, theft, or policy violations.^[10] This approach allows companies to isolate potential risks to workplace safety or operations while gathering evidence, differing from more rigid public sector protocols by relying on at-will employment doctrines prevalent in the United States.^[29] Employers exercise broad latitude in policy design, often embedding provisions in employee handbooks to specify triggers like credible complaints or observed threats.^[40] Compensation during administrative leave is standard practice in private employment to comply with the Fair Labor Standards Act (FLSA), which prohibits salary deductions for exempt employees that could jeopardize their classification and overtime exemptions.^[5] Paid leave preserves employee benefits accrual and avoids perceptions of punitive action, reducing risks of constructive discharge claims or union grievances.^[5] Unpaid variants are rare and reserved for non-exempt hourly workers or as a final disciplinary step, but they carry heightened legal exposure, including potential wage claims or discrimination allegations if applied disparately.^[41] Implementation emphasizes brevity and documentation; leaves are ideally limited to the investigation duration, with HR tracking rationale to defend against wrongful denial of benefits or retaliation suits under laws like Title VII.^[10] Best practices from professional bodies advocate notifying employees in writing of the leave's non-disciplinary intent, restricting access to company systems, and coordinating with legal counsel to ensure neutrality.^[29] In sectors like finance or healthcare, where regulatory compliance is stringent, administrative leave may integrate with mandatory reporting to bodies such as the SEC or HIPAA overseers, extending its use beyond internal probes.^[41] Empirical guidance from HR surveys indicates that over 70% of private employers opt for paid administrative leave in misconduct cases to minimize litigation, with durations averaging 5-10 business days based on case complexity.^[5] Variations occur by industry; technology firms may favor remote monitoring alternatives, while manufacturing prioritizes on-site removal for hazard mitigation.^[29] Policies must navigate state-specific nuances, such as California's implied covenant of good faith, which could interpret prolonged leaves as breaches if not justified.^[10]

International Examples

In the United Kingdom, administrative leave is typically termed "suspension" and is employed during workplace investigations into misconduct or grievances to mitigate risks such as evidence tampering or safety concerns. The Advisory, Conciliation and Arbitration Service (Acas) advises that suspensions should be a last resort, limited in duration, and usually with full pay unless the employment contract explicitly permits otherwise and the action is reasonable to avoid constructive dismissal claims.^[42] Government guidance confirms that unpaid suspension requires contractual basis and reasonableness, with employees retaining employment rights throughout.^[43] In practice, prolonged suspensions—sometimes exceeding six months—have led to tribunal challenges, emphasizing the need for prompt investigations.^[44] Australia's Fair Work Act 2009 authorizes employers to suspend employees with full pay and benefits during probes into serious misconduct, provided the action is lawful, proportionate, and communicated clearly to avoid unfair dismissal risks.^[45] This contrasts with "stand down" provisions, which allow unpaid removal from duties only for specific operational reasons like equipment breakdowns, not investigations.^[46] Legal precedents underscore that suspensions must align with enterprise agreements or awards; for instance, casual employees may not receive pay, but permanent staff do, preserving entitlements like annual leave accrual.^[47] In Canada, administrative leave with pay is standard in the public sector for federal employees facing disciplinary scrutiny, particularly where presence poses workplace risks, as outlined in collective agreements and Treasury Board directives.^[48] The Canada Labour Code supports temporary paid absences during investigations without specifying fixed durations, leaving it to employer policies and union negotiations; durations are expected to be "as long as necessary" for fair processes.^[49] Provincial variations exist, but public service examples highlight its use in high-stakes cases, with employees retaining status and benefits pending outcomes.^[50] French labour law restricts employer-initiated suspensions to exceptional cases, such as immediate serious faults requiring prior or simultaneous notification to works councils (if applicable) and maintenance of pay unless disciplinary proceedings lead to withholding.^[51] The Labour Code mandates justification to prevent abuse, with suspensions often tied to preliminary interviews; non-compliance can render them null, entitling employees to back pay.^[52] During contract suspension (e.g., for illness), paid leave rights continue to accrue, reflecting strong employee protections against arbitrary removal.^[53]

Controversies and Empirical Critiques

Documented Cases of Abuse

In federal agencies, the National Park Service placed employees on paid administrative leave for over 530,000 hours between fiscal years 2018 and 2020, equivalent to 260 person-years of idleness and costing taxpayers more than $10 million, often without timely resolution of underlying investigations.^[54] Similarly, a managing director at an unnamed federal agency endured three years on paid administrative leave pending agency action, exemplifying how such leave can indefinitely sideline employees without due process or appeal rights, as it does not qualify as a formal suspension.^[54] These practices persist despite the 2016 Administrative Leave Act's 10-workday annual cap, with agencies interpreting the limit narrowly to apply only to investigative contexts, enabling extended use for other purposes like reductions-in-force or voluntary separations.^[25] In early 2025, over 100,000 federal employees were placed on paid administrative leave within the first four months, including participants in a deferred resignation program offering seven months of pay to encourage voluntary exits, as well as diversity, equity, inclusion, and accessibility staff targeted for removal across agencies like the Department of Energy, Department of Justice, and Environmental Protection Agency.^[25]^[20] A stark example occurred on February 7, 2025, when the U.S. Agency for International Development placed approximately 2,200 employees on indefinite paid administrative leave as part of an effort to dismantle the agency, though a federal judge temporarily blocked it the same day.^[20] Such mass applications of leave have been criticized for circumventing civil service protections and imposing unappealable idleness on workers, effectively using taxpayer funds to pressure resignations without formal disciplinary proceedings.^[25]^[20] At the state level, Michigan government officials have employed paid administrative leave to sideline high-ranking civil servants pending investigations, exploiting the practice to bypass civil service rules and coerce resignations amid prolonged uncertainty, according to employment lawyers familiar with multiple cases.^[55] This misuse transforms a temporary measure—intended to remove employees from potentially disruptive situations—into a de facto tool for attrition, where workers remain fully compensated but isolated from duties, often leading to voluntary departures to avoid indefinite limbo.^[55] In California, state agency investigations revealed improper handling of paid leave as part of broader wasteful decisions, though specific durations and costs were aggregated across multiple substantiated allegations of misconduct.^[56] These cases highlight systemic vulnerabilities where administrative leave, lacking statutory time limits in many jurisdictions, enables agencies to evade accountability while incurring ongoing salary expenses without productive output.^[20]

Economic and Taxpayer Costs

Paid administrative leave in the public sector imposes direct economic costs on taxpayers through continued salary, benefits, and pension accrual for employees suspended from duties, often without productive output or service delivery. A 2014 Government Accountability Office (GAO) analysis of federal agencies found that paid administrative leave expenditures totaled at least $3.1 billion across fiscal years 2010 through 2012, with the Department of Veterans Affairs incurring $842 million—equivalent to about 8,300 employee-years of full salary at average rates—and the Department of Justice spending $295 million.^[23] These figures exclude indirect costs such as overtime for replacement staffing or lost operational efficiency, which GAO noted were not systematically tracked, leading to understated totals.^[23] In law enforcement, where administrative leave is frequently used pending internal affairs probes or criminal investigations, costs accumulate rapidly due to high base salaries and the need for interim coverage. For example, the Las Vegas Metropolitan Police Department paid $72,127 for 23 officers in a single two-week period in May 2018, projecting to over $1.8 million annually for that cohort alone if sustained, while similar practices in other departments have resulted in millions in foregone patrol hours and elevated overtime budgets.^[57] Across 17 federal agencies reviewed in 2016, open-ended leave placements cost $80.6 million, highlighting how prolonged suspensions—sometimes exceeding a year—divert funds from core policing without resolution.^[58] Broader fiscal impacts include opportunity costs, as taxpayer dollars fund non-work periods that could otherwise support hiring, training, or infrastructure, while incentivizing agencies to extend investigations to defer terminations or discipline. As of March 2025, over 100,000 federal civilian employees—about 4.5% of the 2.2 million workforce—remained on paid leave, implying billions in annual outlays at median federal salaries exceeding $95,000 plus benefits.^[59] This persistence, despite GAO recommendations for time limits and better tracking, underscores inefficiencies where employees receive full compensation averaging 30-40% above private-sector equivalents, funded entirely by public revenues without corresponding value.^[23]^[6]

Debates on Due Process and Accountability

Debates surrounding administrative leave often center on the tension between employers' need to isolate potentially disruptive employees and the risk of infringing on employees' due process rights, particularly in the public sector where constitutional protections apply. Critics argue that placing employees on paid leave without a pre-deprivation hearing or substantiation of allegations violates procedural due process under the Fifth Amendment, as it deprives individuals of property interests in their employment without adequate safeguards. For instance, federal courts have held that while short-term leave may not trigger full due process requirements, indefinite or prolonged placements can stigmatize employees and limit their access to work resources, effectively functioning as a de facto suspension without appeal rights under the Civil Service Reform Act.^[60]^[20] Proponents of stricter due process, including legal scholars, contend that administrative leave circumvents formal investigative protocols, presuming guilt in unproven cases and enabling managerial overreach, as evidenced by Merit Systems Protection Board analyses emphasizing the need for notice and opportunity to respond before adverse actions.^[60] Accountability concerns arise from the frequent misuse of administrative leave as a default mechanism to defer disciplinary decisions, leading to prolonged idleness without resolution or oversight. A 2014 Government Accountability Office (GAO) report documented that approximately 57,000 federal employees—about 3% of the workforce—were on extended administrative leave ranging from one month to three years between 2011 and 2013, costing taxpayers $3.1 billion, often for personnel actions lacking clear justification or alternatives like reassignment.^[21] This practice undermines managerial accountability by allowing agencies to avoid the evidentiary burdens of formal discipline, as Comptroller General decisions since the 1970s have ruled that extended paid leave exceeds statutory authority under 5 U.S.C. § 6329a, yet enforcement remains inconsistent.^[25] In recent cases, such as the 2025 placement of over 2,200 USAID employees on leave amid agency restructuring, critics highlighted how such actions bypass the 10-business-day annual limit set by the 2016 Administrative Leave Act, potentially to facilitate mass separations without due process appeals.^[20] Empirical critiques emphasize that without mandatory time limits, justification requirements, or independent review, administrative leave fosters inefficiency and erodes public trust, as prolonged cases often end in reinstatement or resignation without accountability for initiators. The Office of Personnel Management's (OPM) 2024 final rule attempted to address this by capping administrative leave at 10 days and introducing investigative leave categories, but debates persist over its narrow interpretation, which some argue contravenes congressional intent by restricting applicability beyond investigations and failing to prevent non-investigatory abuses like deferred resignations or reductions-in-force.^[3] Legal challenges, including lawsuits against 2025 federal leave policies, underscore ongoing tensions, with plaintiffs asserting that such uses impair agency functions and violate separation-of-powers principles by evading statutory constraints.^[20] Advocates for reform, drawing from GAO findings, call for enhanced tracking, alternatives to leave, and penalties for violations to balance risk mitigation with verifiable accountability.^[21]

Recent Reforms and Policy Changes

Federal Legislation in the US

The Administrative Leave Act of 2016, enacted as section 1138 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), established statutory limits on the use of paid administrative leave for federal civilian employees suspected of misconduct or under investigation.^[61] The law defines administrative leave as an absence from duty without loss of pay or charge to other leave categories, distinct from annual or sick leave, and caps its use at no more than 10 workdays (80 hours for full-time employees) in any calendar year for purposes related to employee investigations.^[3] This reform addressed prior abuses where employees could remain on indefinite paid leave, as highlighted in a 2015 Government Accountability Office report documenting cases of employees on such leave for years without resolution. To replace extended administrative leave, the Act introduced two new categories: investigative leave, which permits paid non-duty status during active investigations into potential misconduct but requires agencies to justify its necessity (e.g., for protecting evidence or witnesses) and limits it to the duration of the probe unless extended with oversight approval; and notice leave, applicable for up to 30 calendar days during the advance notice period for proposed adverse actions like removal, allowing employees to remain on pay while contesting charges.^[1] Agencies must track and report usage annually to the Office of Personnel Management (OPM), with prohibitions on using administrative leave for non-essential purposes such as morale-building events unless explicitly authorized.^[2] Implementation lagged until OPM's final rule published on December 17, 2024, effective January 16, 2025, which codified these provisions in 5 CFR Part 630, Subpart N, and mandated agency policy updates by September 13, 2025.^[3] The rule emphasizes case-by-case determinations, requiring documentation for any investigative or notice leave exceeding basic thresholds, and aligns with broader accountability efforts in agencies like the Department of Veterans Affairs, where pre-2016 leave averaged over 1,500 days per case in some instances. Despite these measures, compliance issues persisted into 2025, with reports of agencies exceeding the 10-day cap for thousands of employees, prompting calls for stricter enforcement to reduce taxpayer costs estimated at hundreds of millions annually.^[25] No major legislative amendments have occurred since 2016, though Executive Order 14100 (June 9, 2023) separately authorized limited administrative leave for civilian federal workers attending military ceremonies.^[1]

2024-2025 Regulatory Updates

On December 17, 2024, the U.S. Office of Personnel Management (OPM) issued final regulations under 5 U.S.C. 6329a, implementing provisions of the Administrative Leave Act of 2016 by establishing limits on administrative leave for federal civilian employees.^[3] These rules, effective January 16, 2025, cap administrative leave for investigative purposes at 10 workdays per calendar year, requiring agencies to transition to investigative leave or notice leave for extended suspensions pending misconduct probes.^[1] Agencies must record and justify all instances, with administrative leave restricted to brief, non-investigative uses—typically no more than one workday—such as emergencies or short-term workforce disruptions.^[2] For non-investigative scenarios like workforce realignments, the regulations permit up to 12 weeks of administrative leave, subject to joint approval by agency heads and OPM for longer durations, aiming to curb indefinite paid absences that previously averaged months in some cases.^[62] OPM provided a policy template to agencies on July 30, 2025, mandating compliance by September 13, 2025, including mandatory logging in timekeeping systems to enhance accountability and reduce fiscal waste from prolonged leaves.^[39] Subsequent guidance in August 2025 clarified that approvals for extensions beyond standard limits require documented rationale, prohibiting routine use for performance issues or minor infractions.^[35] These updates address prior criticisms of lax oversight, where administrative leave lacked statutory caps before 2016, leading to taxpayer costs exceeding $100 million annually in select agencies; the new framework prioritizes alternatives like telework or reassignment to minimize paid idleness.^[63] No equivalent federal mandates apply to private sector employers, though state-level expansions in paid leave (e.g., New York's 2025 increase to 20 hours of paid sick leave under Labor Law §196-b) indirectly influence disciplinary suspensions by bolstering employee protections.^[64] Enforcement relies on agency-specific policies, with OPM retaining authority to audit deviations.^[65]

References

[1]
Fact Sheet: Administrative Leave - OPM
Dec 17, 2024 · Administrative leave is an administratively authorized absence from duty—without loss of pay or charge to other leave—provided under 5 U.S.C. ...
[2]
5 CFR Part 630 Subpart N -- Administrative Leave - eCFR
Dec 17, 2024 · (2) Administrative leave is not an entitlement, but is an authority, entrusted to the discretion of the agency, that should be used sparingly, ...
[3]
Administrative Leave, Investigative Leave, and Notice Leave
Dec 17, 2024 · Section 6329a of the Act defines “administrative leave” as leave without loss of or reduction in (1) pay; (2) leave to which an employee is ...§ 630.1503(a), (b), and (e... · Section 630.1504(c)—Written... · Section 630.1505...
[4]
U.S.C. Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
(1) In general .—During any calendar year, an agency may place an employee in administrative leave for a period of not more than a total of 10 work days. (2) ...
[5]
Avoid Unpaid Administrative Leave During Investigations - SHRM
Mar 7, 2022 · Employers placing workers accused of misconduct on administrative leave typically should make the time off paid, particularly if the accused employee is exempt.Missing: guidelines | Show results with:guidelines
[6]
Paid Administrative Leave: A Costly Illusion of Stern Action
Jan 3, 2024 · Paid administrative leave has become a controversial and often abused practice that flies in the face of good governance.
[7]
Shifting Views on Paid Administrative Leave | Foley & Lardner LLP
Sep 16, 2024 · Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions ...
[8]
To Be or Not to Be an Adverse Employment Action – What is Paid ...
The Ninth Circuit concluded that, under some circumstances, placement on administrative leave can constitute an adverse employment action. The Ninth Circuit ...
[9]
Defining Administrative Leave and What It Means for You - Indeed
Oct 31, 2024 · Administrative leave occurs when an employee must temporarily leave their position and work duties. Most employers allow their employees to keep their pay and ...What is administrative leave? · Removing an employee from...
[10]
Administrative Leave Pending Investigation - FindLaw
Apr 1, 2025 · Your human resources department or employee handbook should have instructions about your responsibilities while on administrative leave.Missing: credible | Show results with:credible
[11]
To Be or Not to Be an Adverse Employment Action – What is Paid ...
Sep 3, 2024 · The purpose of paid administrative leave is to temporarily remove an employee from the workplace to address a particular situation.<|separator|>
[12]
Understanding Administrative Leave and Pay at Work
Aug 14, 2025 · The Role of Retaliation in Administrative Leave Cases Retaliation is one of the most common reasons administrative leave is misused. Under ...
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Administrative Leave - Rutgers Policy Library
I. DEFINITIONS. Administrative leave is a leave of absence (paid or unpaid) initiated to manage special circumstances where it is in the school or unit's best ...
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Understanding administrative leave: What you need to know
Aug 26, 2024 · Learn the key facts about administrative leave, its legal rights, and best practices to manage or handle being placed on leave in the workplace.Missing: credible sources
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5 CFR 630.1402 -- Definitions. - eCFR
Administrative leave means paid leave authorized at the discretion of an agency under 5 USC 6329a (and not authorized under any other provision of statute or ...
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[PDF] What's the Difference? Paid Sick Leave, FMLA, and Paid Family and ...
FMLA leave is unpaid leave. However, workers may choose to, or employers may require them to, substitute accrued paid sick, vacation, or personal time for ...
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Leave Administration - OPM
OPM develops and maintains federal leave policies, including annual, sick, and FMLA leave. Agencies must comply with OPM's regulations and policies.Missing: distinctions maternity
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Suspension and administrative leave: What's the difference?
However, their nature is different in that administrative leaves are not disciplinary in nature, while suspensions are. We always recommend referring to ...
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Administrative Leave, Investigative Leave, Notice ... - Federal Register
Jul 13, 2017 · Administrative leave is permitted—at an agency's discretion but subject to statutory and regulatory requirements—when an agency determines that ...
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The Use and Abuse of Administrative Leave | Lawfare
Feb 13, 2025 · Agencies have historically used administrative leave for a variety of reasons, including severe weather, blood donations, Mardi Gras, voting, ...
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[PDF] GAO-15-79, Federal Paid Administrative Leave
Oct 17, 2014 · After separating federal holidays from the payroll data,. OPM-reported data showed that from fiscal year 2011 through 2013, paid administrative ...
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https://www.law.cornell.edu/uscode/text/5/6329a
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Federal Paid Administrative Leave: Additional Guidance Needed to ...
Oct 17, 2014 · GAO recommends that OPM develop agency and payroll provider guidance regarding the recording and reporting of paid administrative leave.
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More Scrutiny on Administrative Leave | U.S. GAO
Apr 11, 2016 · During this period, 97% of federal employees charged 20 days or fewer of administrative leave, while 3% charged between 1 month and 3 years. A ...
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Agencies are violating the law on administrative leave, and ...
May 23, 2025 · The scale is staggering. In the first four months of 2025, more than 100,000 federal employees have been placed on paid administrative leave.
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S.2450 - Administrative Leave Act of 2016 - Congress.gov
Historical (1799-1811, 1813-1873, 1951-1972) Tip. 93-119 (1973-2026), 119 ... Labor & Employment, Law, Constitution & Civil Liberties, Legislative & Budget ...
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[PDF] Administrative, Investigative, and Notice Leave CPM 2025-01 ... - OPM
Jan 3, 2025 · Administrative Leave for Investigative Purposes Up to 10 workdays per calendar year 5 CFR 630.1404 Employee under investigation as defined at 5 ...
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What to do if you're placed on administrative leave
Jun 5, 2024 · An employer may place an employee on leave to investigate allegations or to address concerns about disruptiveness or dangerousness in the ...
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Investigations, Safety Risks Result in Involuntary Leave - SHRM
Apr 13, 2021 · Placing an employee on administrative leave should be done sparingly but may be appropriate during an investigation or if an employee poses a direct threat to ...
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Enforcement Guidance on Disability-Related Inquiries and Medical ...
Jul 26, 2000 · Yes, but only if the employer has a reasonable belief, based on objective evidence, that the employee will pose a direct threat in the absence ...
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[PDF] workplace violence - OPM
The union may also be helpful in identifying training needs of employees with regard to workplace violence prevention. ... administrative leave). Placing ...
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[PDF] 3.06-ada-reasonable-accommodation-policy.pdf - Yavapai County
Current employees who pose a direct threat to the health or safety of other individuals in the workplace will be placed on administrative leave until a decision ...
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[PDF] Workplace Violence Toolkit - ASHRM
implemented workplace violence prevention initiatives.2 The American ... o Administrative leave during investigation o Post-event background check to ...
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Employer-Provided Leave and the Americans with Disabilities Act
May 9, 2016 · If an employee's disability poses a direct threat, an employer must consider whether reasonable accommodation will eliminate or diminish the ...
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New Guidance on When Federal Employees Can Use ...
Aug 12, 2025 · Among the changes: agencies can only put workers on administrative leave for no more than 12 weeks unless a higher threshold is jointly approved ...
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5 CFR Part 630 -- Absence and Leave - eCFR
An initial period of investigative leave may not be commenced until—. (1) The employee's use of administrative leave for investigative purposes under subpart ...
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[PDF] Administrative Leave - City of Missoula
Administrative leave is used for investigations, assisting employees, mitigating risk, and can be paid or unpaid, with paid leave being most common.Missing: public examples
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FAQs: When placed on administrative leave | TCTA
Yes, this is legally permissible. Normally, in these circumstances, the principal acts on the superintendent's behalf. Most school district policies provide ...
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[PDF] Template for Agency Administrative Leave Policies - OPM
Jul 30, 2025 · Limiting the amount of administrative leave that may be used for workforce realignment purposes starting in 2026 to no more than 12 weeks, ...Missing: misuse | Show results with:misuse
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Administrative Leave Policy - SHRM
Administrative Leave Policy · Ethics · Grievances & Disciplinary Actions · HR Function Strategy · Labor & Employee Relations ...Missing: guidelines | Show results with:guidelines
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Q&A: Key considerations for an administrative leave policy - BLR
Mar 7, 2025 · An administrative leave for disciplinary/investigative reasons (suspensions), particularly if unpaid should be a last resort.
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Deciding to suspend - Suspension during a work investigation - Acas
Feb 6, 2025 · If a decision to suspend is not reasonable, there's a risk you could be breaching the employment contract. This could lead to legal action.
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Disciplinary procedures and action against you at work: Suspension ...
You can be suspended without pay if your employment contract says your employer can do this, but they must be acting reasonably.
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Suspending an Employee - DavidsonMorris
Feb 12, 2025 · Employers must ensure the suspension is justified, documented, and conducted in line with both company policies and UK employment law.
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Suspended From Work in Australia? Know Your Rights.
Aug 30, 2023 · If suspended from work with pay in Australia, you are entitled to your regular wage and ongoing employment benefits.
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Stand downs - Fair Work Ombudsman
Employees who are stood down without pay under the Fair Work Act are entitled to be paid for public holidays that fall during the stand down period. This ...Stand downs · Before standing down... · Pay, leave and casuals
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Suspended from Work? Essential Rights You Need to Know
Dec 17, 2024 · The employee will typically still receive pay during a suspension. However, this may not be the case if they are a casual employee. A stand down ...
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Understanding Administrative Leave vs Suspension: Expert Q&A
Jan 30, 2024 · The key difference is that suspension is usually considered a step in the disciplinary process, while leave is more neutral.FAQs on Being Placed on Paid Administrative Leave - JustAnswerUnpaid Suspension Pay Rights for Salaried Workers in FloridaMore results from www.justanswer.com
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How long can an employee be placed on paid administrative leave ...
Feb 15, 2024 · Paid administrative leave duration depends on employer policies and applicable provincial laws. Typically, it lasts only as long as necessary to ...
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Public Service Employment Act ( SC 2003, c. 22, ss. 12, 13 )
Public Service Employment Act ( S.C. 2003, c. 22, ss. 12, 13 ) · Table of Contents · Related Information · Amendments * · Regulations made under this Act · Repealed ...HTMLFull Document · Employee · Part 7 · Appointments
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What rights does an employer have to suspend an employee in ...
Dec 5, 2017 · Under French labour law, there are limited circumstances under which employers may suspend employees.<|separator|>
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Employment & Labour Laws and Regulations France 2025 - ICLG.com
Jun 3, 2025 · Paid leave: Employees are entitled to 25 days' paid leave per year, as well as public holidays (around 10 days per year). 1.5 Are terms and ...
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Attention! Important new decision on accrual of paid leave in France
Nov 2, 2023 · In summary: Employees whose employment contract is suspended due to illness, whether occupational in cause or not, continue to accrue paid leave ...
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Federal Agencies Still Shelling Out Millions in Paid Leave
Sep 24, 2023 · The abusive management practice of exiling federal employees from work by placing them on paid administrative or investigative leave for months continues ...
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Lawyers: Michigan has abused paid suspensions to push out ...
Dec 6, 2022 · Two Lansing employment lawyers say administrative leave is sometimes abused to get around civil service rules and force out high-ranking civil servants.
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Investigations of Improper Activities by State Agencies and Employees
May 18, 2023 · This report details seven substantiated allegations involving several state agencies. Our investigations found wasteful decisions, poor contract oversight, ...
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The price we pay for police on paid leave - KTNV
Jul 24, 2018 · Metro data for the pay period ending May 4th shows the department paid out $72,127.24 in just two weeks for 23 officers who weren't working.
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Senators Introduce Bill to Cut Down on Paid Administrative Leave at ...
Jan 21, 2016 · The Administrative Leave Act of 2016 will cut down on excessive, abusive, expensive leave and protect whistleblower employees who are put on ...
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More than 100,000 Federal Employees Paid Not to Work
Mar 27, 2025 · The more than 100,000 civilian employees on paid leave amount to approximately 4.5% of the entire 2.2 million federal workforce. With the ...Missing: sector | Show results with:sector
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[PDF] What is Due Process in the Federal Civil Service Employment?
The U.S. Supreme Court has repeatedly held that, when a cause is required to remove a public employee, due process is necessary to determine if that cause has ...
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S.2450 - 114th Congress (2015-2016): Administrative Leave Act of ...
The bill: (1) prohibits an agency from placing an employee in administrative leave for more than five consecutive days;Missing: definition | Show results with:definition
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Leave, awards and more for federal employees: A roundup of OPM's ...
Aug 18, 2025 · The regulations capped administrative leave used in agency investigations to 10 days per year. Although Congress passed legislation back in 2017 ...
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How OPM Is Reshaping Administrative Leave - FedSmith.com
Jul 31, 2025 · OPM is tightening rules on administrative leave by working to standardize its use in agencies and expanding leave categories.
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2025 Employment Law Updates for New York Employers
Dec 11, 2024 · This means that eligible employees will soon be entitled to use up to a total of either 60 hours or 76 hours (depending on employer size) of ...<|separator|>
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New OPM Final Rule on Administrative Leave, Investigative Leave ...
Dec 17, 2024 · Relevant to OPM's new final rule, employees under investigation can be placed on “investigation leave” for 30-90 work days (or in the ...