If you have been placed on any form of paid non-duty status — administrative leave, investigative leave, notice leave, weather and safety leave, or excused absence — understanding which category applies matters. Each category has its own statutory basis, duration limits, employee protections, and intersection with adverse action processes. This guide covers all of them.
The Administrative Leave Act of 2016 was Congress's response to GAO audits showing that agencies were using administrative leave as a de facto long-term paid suspension — employees placed on indefinite paid leave during investigations that stretched for months or years, costing billions and evading the procedural protections of Chapter 75 adverse actions. The new framework keeps paid leave available for legitimate short-duration purposes (10 workdays of administrative leave under 6329a) but forces agencies to transition to investigative leave under 6329b when longer durations are required — and investigative leave comes with documentation requirements, extension approvals, and congressional reporting for very long periods. Notice leave under 6329b runs concurrent with the 30-day notice period of a proposed adverse action, consolidating paid non-duty status with the procedural notice requirement. Weather and safety leave under 6329c was narrowed by the December 2024 final rule — telework-capable employees are now expected to telework during office closures unless the emergency affects their home worksite. The cumulative effect: what was once a discretionary agency practice is now a bounded, documented, and categorized system.
Section I The three-category framework
The Administrative Leave Act of 2016, enacted as Section 1138 of Public Law 114-328 (the National Defense Authorization Act for Fiscal Year 2017), added three new sections to Subchapter II of Chapter 63 of Title 5, United States Code. Each section addresses a distinct circumstance, and the three categories are mutually exclusive — a given period of paid non-duty status must be categorized under one and only one of the three.
5 U.S.C. 6329a — Administrative leave
General-purpose paid leave for short absences not covered by any other leave authority. Capped at 10 workdays per calendar year per employee. Applies to executive branch employees with an established regular tour of duty (full-time or part-time; not intermittent).
5 U.S.C. 6329b — Investigative leave and notice leave
Paid leave specifically for removing an employee from the workplace during an investigation (investigative leave) or during the notice period of a proposed adverse action (notice leave). Requires a baseline determination by the agency that the employee's continued presence poses a risk. Initial period up to 10 workdays; extensions in 30-day increments; extended periods require congressional reporting.
5 U.S.C. 6329c — Weather and safety leave
Paid leave when an employee is prevented from safely traveling to or safely performing work at an approved location due to weather, acts of God, terrorist attack, or other emergency conditions. Generally unavailable to telework-capable employees who can work safely from their home worksite.
Regulatory implementation
OPM's December 17, 2024 final rule at 89 FR 102706 created three new subparts of 5 CFR Part 630:
- Subpart N (5 CFR 630.1401–.1406) — administrative leave under 6329a
- Subpart O (5 CFR 630.1501–.1511) — investigative leave and notice leave under 6329b
- Subpart P (5 CFR 630.1601–.1606) — weather and safety leave under 6329c
The rule became effective January 16, 2025. Agencies were required to revise and implement internal policies consistent with the statutes and regulations by September 13, 2025. Collective bargaining agreement provisions inconsistent with the statutes are superseded as a matter of law, though CBA provisions inconsistent only with the regulations continue in force for the duration of the agreement.
Section II Administrative leave — 5 U.S.C. 6329a
The 10-workday calendar year cap
Under 5 U.S.C. 6329a(b)(1), an agency may place an employee on administrative leave for no more than 10 workdays in any calendar year. Under 5 CFR 630.1404, the 10-workday limit is converted to hours based on the employee's work schedule:
- Full-time employee, 40-hour workweek — 80 hours per calendar year
- Full-time employee, 5/4-9 compressed schedule — still 10 workdays, converted based on the employee's specific schedule (typically 80-88 hours)
- Part-time employee — 10 workdays converted proportionally based on the employee's tour of duty
- Intermittent employee — not eligible for administrative leave (no established regular tour of duty)
The cap resets each January 1. Unused administrative leave does not carry over between calendar years.
Permissible uses
Under 5 CFR 630.1403, administrative leave may be used only when the employee is not otherwise covered by a specific leave authority. Common permissible uses include:
- Brief office closures or delayed openings that do not qualify for weather and safety leave
- Participation in official agency events (ceremonies, town halls, training that does not qualify as duty time)
- Blood donation at agency-sponsored drives
- Short-duration investigative absences (limited to 10 workdays before transition to investigative leave is required)
- Voting in federal, state, or local elections where the polls are not open outside the employee's work hours
- Participation in voluntary community service or volunteer activities sponsored by the agency
- Brief absences for representation activities by union officials (limited to what is otherwise authorized)
- Participation in interviews for federal or judicial positions
Impermissible uses
Administrative leave may not be used to:
- Cover absences that should be categorized as annual leave, sick leave, or leave without pay
- Provide an extended paid suspension in lieu of suspension under Chapter 75
- Evade the documentation and extension requirements of investigative leave
- Cover extended absences exceeding the 10-workday cap
- Cover leave authorized under any other Presidential directive
Documentation and recording
Under 5 U.S.C. 6329a(b)(2) and 5 CFR 630.1405, agencies must record administrative leave separately from leave authorized under any other provision of law. Starting with the data reporting date of September 13, 2025, agencies report administrative leave hours used under the separate category "Administrative Leave Hours Used (General) – 5 USC 6329a" in OPM reporting systems. Paid time off granted under Presidential directive or other specific statutory authority is recorded separately as "Other Paid Time in Nonduty Status."
Appeal rights
Placement on administrative leave itself is generally not appealable — it is a paid status that does not adversely affect the employee's pay, leave entitlements, or service credit. However, placement on administrative leave that is a pretext for discrimination, retaliation, or a prohibited personnel practice may be actionable through EEO, OSC, or internal grievance channels. See Workplace Topic 03 on Prohibited Personnel Practices.
Section III Investigative leave — 5 U.S.C. 6329b
When investigative leave applies
Investigative leave under 5 U.S.C. 6329b is available when an agency is conducting an investigation of an employee and determines that the employee's continued presence in the workplace may:
- Pose a threat to the employee or others
- Result in the destruction of evidence relevant to an investigation
- Result in loss of or damage to government property
- Otherwise jeopardize legitimate government interests
These are the four baseline factors the agency must document. Under 5 CFR 630.1504, the agency's determination must be based on specific facts, not generalized concerns. Under 5 U.S.C. 6329b(b)(3), an agency cannot place an employee on investigative leave until the employee has first reached the 10-workday administrative leave limit for the calendar year for investigative purposes.
What qualifies as an "investigation"
Under 5 CFR 630.1502, an investigation is one conducted by one of the following investigative entities:
- An internal investigative unit of the agency granting leave (e.g., Office of Professional Responsibility, Office of Employee and Labor Relations, Workplace Violence Prevention Team)
- The Office of Inspector General of the agency
- The Attorney General or Department of Justice
- The Office of Special Counsel
Investigations conducted outside these categories (e.g., by an outside contractor without agency OIG involvement) do not qualify, and investigative leave cannot be used. The agency must use another leave category or return the employee to duty.
Duration — initial period and extensions
Under 5 U.S.C. 6329b(b)(2), investigative leave is authorized for an initial period of up to 10 workdays. If the investigation requires continuation beyond that period, the agency may extend investigative leave in 30-day increments. Each extension requires:
- A documented determination that the baseline factors continue to apply
- Approval by an official at a higher level than the immediate supervisor
- Notification to the employee of the extension and duration
- For investigative leave periods exceeding 70 workdays (initial 10 + 60 days of extensions), congressional reporting is required
For periods extending beyond 90 days, the agency must submit detailed reports to the appropriate congressional committees. Very long investigative leave periods — those extending beyond 6 months or 1 year — trigger additional reporting and review requirements.
Alternatives to investigative leave
Under 5 U.S.C. 6329b(b)(2)(B), before placing an employee on investigative leave, the agency is required to consider alternatives to keeping the employee away from the workplace:
- Reassignment to a different office, location, or set of duties within the agency
- Modification of duties to remove the employee from the subject area of the investigation
- Telework if the employee's continued access to work from a home worksite does not raise the same concerns
- Access restrictions — limiting the employee's system access, physical access to certain areas, or interaction with specific personnel
Investigative leave should be used only when these alternatives are inadequate to address the specific risks identified. Employees placed on investigative leave may request that the agency consider alternatives as part of the documentation process.
Employee rights during investigative leave
Under 5 U.S.C. 6329b(f) and 5 CFR 630.1508, an employee placed on investigative leave is entitled to:
- Written notice of the placement on investigative leave, stating the reason and duration
- Continued full pay, benefits, leave accrual, and service credit
- Notice of each extension, with the documented basis
- Access to the information the agency relied upon in making the placement, to the extent that access does not jeopardize the investigation
- Right to submit a written response to the agency's determination
Whistleblower protection
Under 5 U.S.C. 6329b(g), investigative leave cannot be used as a tool of reprisal for making a protected whistleblower disclosure or engaging in protected activity under 5 U.S.C. 2302(b)(8) or (b)(9). If investigative leave appears to be retaliatory, the employee may file a complaint with the Office of Special Counsel. See Workplace Topic 05 on Whistleblower Protections.
Section IV Notice leave during proposed adverse actions
The purpose of notice leave
Notice leave under 5 U.S.C. 6329b is specifically designed for the 30-day advance notice period of a proposed adverse action under 5 U.S.C. 7513. When an agency issues a proposed removal, demotion, or long-term suspension, the employee is typically entitled to 30 days advance written notice before the action becomes effective. During that notice period, the agency may want to keep the employee out of the workplace — particularly when the employee's continued presence could pose a threat, risk destruction of evidence, or otherwise jeopardize agency interests. Notice leave provides the mechanism.
When notice leave applies
Under 5 CFR 630.1505, notice leave may be used during the notice period of a proposed adverse action when the agency determines that the employee's continued presence in the workplace could:
- Pose a threat to the employee or others
- Result in destruction of evidence
- Result in loss of or damage to government property
- Otherwise jeopardize legitimate government interests
These are the same four baseline factors as investigative leave. The agency must document the determination in writing and communicate it to the employee.
Notice leave vs. investigative leave
The relationship between investigative leave and notice leave:
- Investigative leave runs during the investigation itself, before any proposed action is issued
- Notice leave runs during the 30-day (or longer) notice period after the proposed action is issued
- Consecutive use — an employee may be on investigative leave during the investigation, then transition to notice leave when the proposal issues
- Independent use — notice leave may be used without prior investigative leave, when the agency determines the baseline factors apply only during the notice period
Duration of notice leave
Notice leave is bounded by the duration of the notice period of the proposed adverse action. For Chapter 75 actions, this is typically 30 days. For SES and certain other categories, longer notice periods may apply. Notice leave ends when either (1) the notice period expires and the action takes effect, (2) the action is withdrawn or cancelled, or (3) a settlement is reached resolving the matter.
Intersection with the reply process
Being placed on notice leave does not affect the employee's reply rights under 5 U.S.C. 7513(b)(2). The employee remains entitled to:
- Reasonable time (minimum 7 days) to reply orally and in writing
- Access to the evidence file supporting the proposal
- Representation by counsel or union official
- Meaningful consideration of the reply before a final decision
Many employees find notice leave actually enhances the reply process — the time away from the workplace permits full attention to reviewing evidence, meeting with counsel, and preparing the written and oral reply. See Workplace Topic 16 on Responding to a Proposed Removal or Demotion.
Leave Category Classifier
Select the situation that best describes your current or anticipated absence from duty. The classifier identifies the correct leave category, governing statute, duration limits, and your rights under that category.
Section V Weather and safety leave — 5 U.S.C. 6329c
When weather and safety leave applies
Under 5 U.S.C. 6329c and 5 CFR 630.1603, weather and safety leave is paid leave provided when an employee or group of employees is prevented from safely traveling to or safely performing work at an approved location due to:
- An act of God (severe weather — snowstorms, hurricanes, earthquakes, floods)
- A terrorist attack
- Another condition that prevents safe travel or work
Weather and safety leave does not have a calendar year cap — it continues for the duration of the emergency condition. It is separate from administrative leave and is recorded under its own category in OPM reporting systems.
The telework exception — the December 2024 change
The December 17, 2024 final rule at 5 CFR 630.1604 implemented a significant change: employees who participate in a telework program and are able to safely travel to and work at an approved telework site are generally not eligible for weather and safety leave. The expectation is that telework-capable employees will telework during office closures rather than receive paid leave.
This reversed the prior practice under which telework-eligible employees often received weather and safety leave during office closures without being required to telework. Under the current rule, an employee's telework agreement and the employee's ability to work from the approved telework site during the emergency govern eligibility.
Exceptions to the telework expectation
Weather and safety leave may still apply to telework-capable employees when:
- The home worksite is itself affected by the emergency (power outage, evacuation order, flooding, structural damage)
- The employee's specific duties require on-site presence (laboratory work, physical infrastructure access, classified systems)
- The employee is not approved for telework on the day in question (not covered by an active telework agreement)
- The emergency affects an essential work system the employee needs (loss of connectivity in the home area, cloud system outages)
- The employee has been on temporary suspension of telework privileges at the time of the emergency
Emergency employees
Employees designated as "emergency employees" under the agency's continuity-of-operations plan are not eligible for weather and safety leave during closures. Emergency employees are required to report to duty unless individual safety conditions prevent travel. The emergency designation should be documented in the position description or a separate designation memo. Employees uncertain of their status should request written confirmation from their HR office.
Governmentwide closures and DC-area closures
For employees in the Washington, DC area, OPM issues governmentwide dismissal and closure procedures that govern weather and safety leave decisions. OPM's "Status of Federal Government Offices" announcements at opm.gov/status determine office status. Categories include:
- Open with option for unscheduled leave / unscheduled telework — offices open; employees may elect annual leave or telework
- Open with [number]-hour delay — offices open later than normal
- Open with early dismissal — offices open normally but employees dismissed early
- Closed / emergency employees only — offices closed to non-emergency employees; weather and safety leave applies
- Mandatory telework — under certain OPM announcements, telework-capable employees must telework rather than receive leave
Section VI Excused absence outside the statute
Not all paid non-duty status falls within 5 U.S.C. 6329a, 6329b, or 6329c. Several categories of excused absence remain governed by other statutes or Presidential directives.
Court leave — 5 U.S.C. 6322
Paid leave for jury duty (federal, state, or local) or for service as a witness in a judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party. Court leave is a separate category from administrative leave and is not subject to the 10-workday cap. Fees received for federal jury service must generally be turned over to the agency; fees for state or local jury service are typically retained by the employee.
Military leave — 5 U.S.C. 6323
Paid leave for reserve and National Guard members to perform active duty, training, or other military duty. Base entitlement is 15 workdays per fiscal year, with additional provisions for emergency duty, Operation Noble Eagle, and similar contingencies. USERRA provides separate reemployment protections following military service. For how military service intersects with federal civilian career planning, see Benefits Topic 23 on Reserve/Guard Buyback.
Funeral leave — 5 U.S.C. 6326
Up to 3 workdays of paid leave to make arrangements for or attend the funeral of an immediate relative who died as a result of wounds, disease, or injury incurred while serving in the armed forces in a combat zone. This is separate from administrative leave.
Federal holidays
Federal holidays designated under 5 U.S.C. 6103 are paid non-duty time that is not categorized as any of the three leave categories. Employees receive full pay for federal holidays as part of their regular tour of duty. For holiday premium pay when work is required on a holiday, see Career & Pay Topic 18 on Night, Sunday, and Holiday Pay.
Presidential directive excused absence
The President may direct paid leave for specific purposes outside the three statutory categories — for example, early dismissal for the day before Christmas, specific commemorative observances, or response to national events. These directives create paid time separate from administrative leave and are recorded in OPM reporting systems as "Other Paid Time in Nonduty Status."
Union representation activities
Official time for union representation activities under 5 U.S.C. 7131 is not categorized as administrative leave. It is recorded as official time and governed by the collective bargaining agreement between the agency and the exclusive representative. See Workplace Topic 06 on Union Representation.
Section VII Your rights while on leave
Whether on administrative leave, investigative leave, notice leave, or weather and safety leave, employees retain substantial rights during the leave period.
Pay and benefits
- Base salary and locality pay — continue uninterrupted
- Annual and sick leave accrual — continues at normal rates
- FEHB — continues; premiums continue to be deducted from pay
- FEGLI — continues; premiums continue to be deducted
- TSP — contributions continue based on pay; agency matching continues
- FERS creditable service — continues to accrue for retirement purposes
- Within-grade increases — eligibility continues on the normal schedule under 5 U.S.C. 5335
What does not continue during paid leave: overtime pay, premium pay requiring actual performance of work, or situational pay (hazard pay, night differential, Sunday pay) that requires duty status.
Personnel record
Placement on administrative leave, investigative leave, notice leave, or weather and safety leave does not create a disciplinary record and is not a personnel action. It does not appear on the SF-50 as an adverse action. However, the surrounding circumstances (the investigation itself, a subsequent adverse action) may create records. For how SF-50 records a personnel event, see Career & Pay Topic 12 on the SF-50.
Access rights
Employees on investigative leave or notice leave typically have restricted access to agency premises, systems, and records. Practical limits include:
- Building access credentials may be deactivated
- Email and system access may be suspended
- Agency-issued equipment (laptop, phone, badge) may be collected
- Access to personnel records may require agency intermediary (HR, not direct access)
Employees should request in writing confirmation of what access remains available and what documents they can access — particularly records relevant to preparing a reply to a proposed adverse action.
Communication restrictions
The agency may impose restrictions on communications with:
- Specific coworkers (typically those involved in the investigation or who could be witnesses)
- Agency officials outside the employee's chain of command
- External parties to whom the employee had access through their position
These restrictions should be specific and in writing. Blanket prohibitions on all agency communications are generally inappropriate — employees retain rights to communicate with HR, EEO, union representatives, counsel, OIG, OSC, and Congress.
Outside employment during leave
Employees on paid leave remain subject to outside employment restrictions under 5 CFR Part 2635 (Standards of Ethical Conduct), 18 U.S.C. 203 and 205 (restrictions on representational activities), and agency supplemental regulations. Accepting outside employment while on paid federal leave is generally not permitted without specific agency approval. For more on outside employment rules, see Workplace Topic 42 on Outside Employment.
If you are placed on leave
- Request written documentation of the leave category (administrative, investigative, notice, or weather/safety), the duration, and the basis for the determination.
- Confirm the expected duration — initial period plus any scheduled extensions or end dates.
- Document the time you are placed on leave and any extensions. Investigative leave exceeding 70 workdays triggers congressional reporting — track the cumulative days.
- Request in writing what access you retain — records you can request, personnel file access, communication with HR, union, counsel.
- Confirm that pay, benefits, and service credit continue uninterrupted. If any irregularities appear in LES or benefits statements, raise them immediately with HR.
- If investigative leave or notice leave appears to be retaliatory for a protected disclosure, preserve documentation and consult counsel about filing an OSC complaint.
- Use the leave time productively — review evidence, consult counsel, prepare reply to proposed action, research options for resolution. See Workplace Topic 16 on Responding to a Proposed Action.
- Do not accept outside employment without specific agency approval while on paid leave.
- Remain available by agency-designated contact methods during the leave period; failure to respond to agency communications can be treated as AWOL.
Section VIII Frequently asked questions
Under 5 U.S.C. 6329a(b)(1), an agency may place an employee on administrative leave for no more than 10 workdays in any calendar year. This is a statutory cap, not a guideline — once the 10-workday limit is reached, any continued absence from duty for investigative purposes must be converted to investigative leave under 5 U.S.C. 6329b, placed on a different paid leave category if eligible, or the employee must return to duty. The 10-workday limit is converted to hours based on the employee's work schedule under 5 CFR 630.1404. For example, a full-time employee with a standard 40-hour workweek has 80 hours of administrative leave available per calendar year. The limit resets each January 1. Certain uses of administrative leave for short, discrete purposes (brief office closures, short ceremonies, blood donation) typically do not approach the cap — the 10-workday limit becomes meaningful primarily when administrative leave is being used for extended investigative purposes, which was the specific practice Congress acted to restrict.
Administrative leave under 5 U.S.C. 6329a is a general-purpose paid leave category for short-duration absences that cannot be covered by any other leave authority. It is capped at 10 workdays per calendar year. Investigative leave under 5 U.S.C. 6329b is a separate, more restrictive category specifically for keeping an employee away from the workplace during an investigation. The initial period of investigative leave may be up to 10 workdays. An agency cannot place an employee on investigative leave until the employee has first exhausted the 10-workday administrative leave cap for investigative purposes under 5 U.S.C. 6329b(b)(3). Investigative leave may be extended in 30-day increments, with extensions requiring documentation and approval; longer periods must be reported to Congress. The agency must have determined that the employee's continued presence in the workplace may (A) pose a threat to the employee or others, (B) result in the destruction of evidence, (C) result in loss of or damage to government property, or (D) otherwise jeopardize legitimate government interests. Investigative leave is not an employee entitlement — it is a tool the agency may use to isolate the employee from the workplace while the investigation proceeds.
Yes — this is specifically what notice leave under 5 U.S.C. 6329b covers. Notice leave may be used during the notice period of a proposed adverse action under 5 U.S.C. 7513 (typically the 30-day advance notice period). The agency must determine that the employee's continued presence in the workplace during the notice period could pose a threat to the employee or others, result in destruction of evidence, result in loss or damage to government property, or otherwise jeopardize legitimate government interests — the same four baseline factors as investigative leave. Notice leave is paid leave — the employee receives full pay and benefits during the notice period while being kept away from the workplace. Notice leave may follow investigative leave at the end of an investigation that results in a proposed adverse action, or may be used independently without prior investigative leave. Unlike investigative leave, notice leave is bounded by the duration of the notice period itself — typically 30 days, though longer notice periods may apply to SES and certain other categories.
Under 5 U.S.C. 6329c and 5 CFR Part 630 Subpart P, weather and safety leave is paid leave provided when an employee is prevented from safely traveling to or safely performing work at an approved location due to an act of God, a terrorist attack, or another condition that prevents safe travel or work. A key change under the final rule: employees who are participating in a telework program and are able to safely travel to and work at an approved telework site are generally not eligible for weather and safety leave. If an employee can work safely from home while the agency's office is closed, the agency expects the employee to telework rather than use weather and safety leave. This reverses the prior practice under which telework-eligible employees received weather and safety leave during office closures regardless of their ability to telework. There are exceptions: if the home worksite is itself affected by the emergency condition (e.g., power outage, evacuation order, flooding), if the employee's work specifically requires on-site presence, or if the employee has not been approved for telework. Emergency employees designated as essential under the agency's continuity-of-operations plan are not eligible for weather and safety leave during closures — they are required to report to duty unless safety prevents travel.
Yes, all three leave categories under 5 U.S.C. 6329a and 6329b provide full pay and benefits during the leave period. The statutes define these categories as paid leave without loss of or reduction in pay, leave entitlements that the employee is otherwise entitled to, or credit for time or service. The employee continues to accrue annual leave and sick leave during the leave period, continues to receive FEHB and FEGLI coverage, continues to accrue creditable service for retirement purposes under FERS or CSRS, and continues to be eligible for within-grade increases on the normal schedule. The employee's pay reflects the full base salary plus any locality pay, but does not include situational pay such as overtime, night differential, or premium pay that requires actual performance of work. An employee on investigative leave or notice leave is generally precluded from performing any work — both because the leave is defined as absence from duty and because the agency's purpose in placing the employee on leave is typically to keep the employee from accessing the workplace, systems, or information.