Last Updated: October 4, 2026 Reading Time: 8 min

The claim going around is that OPM capped Deferred Resignation Program (DRP) leave at 12 weeks starting October 1, 2026. Part of that is right and part is not. Here is each version of the DRP 12-week cap claim next to the document that settles it.

What you may have heard What the document says
"OPM capped DRP at 12 weeks on October 1." OPM's limit applies "beginning in calendar year 2026." The October 1 date is DoD's: "Beginning in FY 2027, DRP agreements will be limited to 12 weeks."
"Twelve weeks is the law." It sits in a template OPM "encourages agencies to adopt." A rule that would write DRP leave into regulation was still a proposal as of October 4, 2026.
"Nobody can get more than 12 weeks." The limit applies "unless a higher threshold has been jointly approved by" OPM and OMB.
"The 10-day law caps this kind of leave." OPM's regulation says the 10-workday limit "does not apply to administrative leave for other purposes."
"You can always back out after signing." You can ask. The agency may refuse for a valid reason it explains to you.
"DoD buyouts pay $40,000." The VSIP cap is $25,000, including at DoD. The $40,000 authority expired September 30, 2021.

Where the 12-Week Limit Comes From

The source is OPM memo CPM 2025-12, "Template for Agency Administrative Leave Policies," signed July 30, 2025 by Associate Director Veronica Hinton and sent to Chief Human Capital Officers.

The operative sentence is in the template's section on workforce realignment:

"Beginning in calendar year 2026, use of administrative leave by an employee in connection with a workforce realignment initiative is limited to 12 weeks in any individual instance unless a higher threshold has been jointly approved by the Office of Personnel Management and the Office of Management and Budget in a specified set of circumstances."

The cover memo summarizes it the same way: administrative leave for realignment is limited "starting in 2026 to no more than 12 weeks," unless OPM and OMB jointly approve more.

The same section names deferred resignation programs as a realignment use, so DRP leave falls under the limit. That includes a DRP that ends in retirement.

Two details limit how far the number reaches:

  • It is guidance. The memo says OPM "encourages agencies to adopt the policies in the template." Your agency's own written administrative leave policy is the document that applies to you. You can ask HR for it.
  • The exception is undefined. The phrase "a specified set of circumstances" appears once in the 22-page memo and is not explained.

Why October 1, 2026 Matters at DoD

If OPM's limit began in January 2026, why did so many 2026 offers run for months?

On December 11, 2025, OPM told agencies that "during FY 2026, agencies may use Deferred Resignation Program (DRP) Agreements of up to six months to support workforce restructuring efforts." That was a one-fiscal-year allowance on top of the template. It ended September 30, 2026.

DoD put the handoff in writing. Its April 2026 DRP offboarding guide says: "Beginning in FY 2027, DRP agreements will be limited to 12 weeks in accordance with OPM Memorandum, 'Template for Agency Administrative Leave Policies,' dated July 30, 2025."

So the accurate version of the claim is this:

Period What applied Source
January 1, 2026 onward 12 weeks per instance under OPM's template, unless OPM and OMB approve more CPM 2025-12
Fiscal year 2026 (through September 30, 2026) DRP agreements of up to six months allowed OPM bulletin, December 11, 2025
October 1, 2026 onward, DoD New DRP agreements limited to 12 weeks DoD DRP Offboarding Guide, April 2026

For agencies outside DoD, we found no OPM document extending the six-month allowance past fiscal year 2026. An agency that adopted the template is back to the 12-week default. Your agency's policy and your written offer control.

The OPM bulletin also describes a second 12-week track: DRP agreements "of up to 12 weeks may also be offered to employees in connection with performance and conduct issues." If an offer arrives alongside a performance conversation, ask which track it is.

One more date from that bulletin: OPM said it was prepared to approve agency VERA requests for restructuring "through the end of CY 2026." Early retirement authority is still approved agency by agency.

We found no agency DRP, VERA or VSIP window with an open deadline confirmed in an agency document as of October 4, 2026. Our VERA/VSIP agency tracker follows announcements as they come.

What the 10-Day Administrative Leave Law Does and Doesn't Do

A federal statute, 5 U.S.C. 6329a, says an agency may place an employee on administrative leave for no more than 10 work days in a calendar year. Some employees have read that as a protection, or as proof that 12 weeks of paid leave breaks the law.

OPM's regulation, in force since January 16, 2025, reads the cap narrowly. Under 5 CFR 630.1404(a), the 10-workday limit applies to management placing an employee on leave for an investigation, and it "does not apply to administrative leave for other purposes." DRP leave is one of those other purposes.

Two practical points follow:

  • The 10-day cap is not a tool for challenging a 12-week offer, and it does not shorten one.
  • Twelve weeks is a ceiling. The regulation says administrative leave "is not an entitlement, but is an authority, entrusted to the discretion of the agency." An agency can offer less.

For more on how much paid leave the government has been using, see our post on the GAO's $9.5 billion administrative leave finding.

What You Keep During DRP Leave

OPM's template and its 2025 DRP guidance spell out most of this.

  • Pay. Administrative leave pays "the same pay an employee receives during annual leave." Sunday premium pay is not paid during paid leave.
  • Service credit. "Time in administrative leave status is creditable service for all purposes." Every week counts toward retirement, which is one reason a shorter window costs more than the paychecks.
  • Leave. By statute, administrative leave comes without loss of pay or of other leave you are entitled to. OPM's 2025 DRP guidance said participants keep accruing annual and sick leave and are paid a lump sum for unused annual leave at separation.
  • Health insurance and TSP. You remain an employee in a paid status, so coverage and contributions normally continue. The documents we read do not name FEHB or TSP, so confirm both with your benefits office.
  • Outside work. DoD's guide says employees "are allowed to seek outside employment while on administrative leave," with supervisor sign-off and ethics review first. It also allows resigning earlier than the agreed date.

What 12 Weeks Versus Six Months Is Worth

The change from a six-month window to a 12-week window is 14 weeks of pay. Here is that gap by grade.

Grade and step (Rest of U.S.) 2026 annual rate Hourly rate Six months (1,040 hours) 12 weeks (480 hours) Difference (560 hours)
GS-7 step 5 $57,188 $27.40 $28,496 $13,152 $15,344
GS-9 step 5 $69,954 $33.52 $34,861 $16,090 $18,771
GS-11 step 5 $84,638 $40.55 $42,172 $19,464 $22,708
GS-12 step 5 $101,443 $48.61 $50,554 $23,333 $27,222
GS-13 step 5 $120,629 $57.80 $60,112 $27,744 $32,368
GS-14 step 5 $142,549 $68.30 $71,032 $32,784 $38,248

FedTools 2026 analysis. Annual rates are from OPM Salary Table 2026-RUS (17.06% locality). Hourly rate is the annual rate divided by 2,087 and rounded to the cent. Each window and the difference are the hourly rate times the hours shown, each rounded to the dollar, so a difference can be $1 off the subtraction of the two rounded windows. Gross pay only: taxes, TSP and leave accrual are not included.

A higher locality raises every figure in proportion.

Before You Sign: Withdrawal, VSIP, Severance and Unemployment

Backing out. Under 5 CFR 715.202(b), 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." Hiring or committing to hire a replacement is a listed example. So you have a right to ask, and the agency needs a reason to say no.

OPM has proposed widening that list. A proposed rule published June 29, 2026 would add "the employee's acceptance of benefits provided under a deferred resignation agreement" as a valid reason. As of October 4, 2026 the Federal Register still lists it as a proposed rule.

VSIP. A buyout payment is separate from DRP leave and is paid only if your agency offers it. Under 5 U.S.C. 3523, it is capped at $25,000 or your severance-formula amount, whichever is lower, and is paid as a lump sum after separation. DoD's cap is the same $25,000. Details are in our DoD VSIP cap correction. Under 5 U.S.C. 3524, a civilian-agency VSIP recipient who takes paid work with the federal government within five years after separation must normally repay the full amount before the first day. Section 3524(c) lets OPM waive repayment at the hiring agency's request in narrow cases. DoD's buyout authority carries its own repayment rule, so DoD employees should confirm the terms with HR.

Severance. A DRP is a resignation, and severance under 5 U.S.C. 5595 requires an involuntary separation. No severance is paid on a DRP. Separately, an employee who is eligible for an immediate annuity at separation gets no severance in a reduction in force either.

Unemployment. Federal employees' unemployment claims are decided under state law, on the same terms the state applies to everyone else. Most states treat a voluntary resignation as disqualifying, but your state rules on your facts.

Compare Against What a RIF Would Pay

If you are weighing a DRP against waiting, the number you give up by resigning is severance. Our free Severance Pay Calculator takes your salary, years of service and age and returns the severance a reduction in force would pay under the statutory formula. Compare that with the DRP figure for your grade above.

If you are near early retirement, the VERA Eligibility Checker takes your age and service and tells you whether you meet the 50-and-20 or any-age-and-25 test.

Frequently Asked Questions

Are DRP agreements capped at 12 weeks starting October 1, 2026?

At DoD, yes. Its April 2026 guide says that beginning in FY 2027, DRP agreements will be limited to 12 weeks. OPM's own 12-week limit, in memo CPM 2025-12, started in calendar year 2026. During fiscal year 2026 OPM separately allowed agreements of up to six months, and that allowance ended September 30, 2026.

Can a DRP offer legally exceed 12 weeks?

The 12 weeks comes from an OPM template that agencies are encouraged to adopt, and the template itself allows more if OPM and OMB jointly approve a higher threshold. The memo does not say when the two agencies will grant that. If your offer runs longer than 12 weeks, ask HR which approval covers it.

Doesn't federal law cap administrative leave at 10 days?

The statute, 5 U.S.C. 6329a, sets a limit of 10 work days per calendar year. OPM's regulation at 5 CFR 630.1404(a), in force since January 16, 2025, applies that limit to investigative placements and says it does not apply to administrative leave for other purposes. DRP leave is one of those other purposes.

Am I entitled to 12 weeks of DRP leave?

No. OPM's regulation says administrative leave is not an entitlement and is left to the agency's discretion. Twelve weeks is the most the template allows without a joint OPM and OMB approval. An agency can offer a shorter period.

What do I keep while I am on DRP leave?

You are paid what you would be paid on annual leave, without Sunday premium pay. OPM's template says the time is creditable service for all purposes. OPM's 2025 DRP guidance said participants keep accruing annual and sick leave and receive a lump sum for unused annual leave at separation. Confirm FEHB and TSP with your benefits office.

Can I withdraw my resignation after signing a DRP agreement?

You can request it before the resignation takes effect. Under 5 CFR 715.202(b), the agency may decline only for a valid reason that it explains to you, such as having hired a replacement. OPM has proposed adding acceptance of DRP benefits as a valid reason. That proposal was not final as of October 4, 2026.

Can I get a VSIP on top of a DRP, and how much?

Only if your agency offers a VSIP with the DRP. The payment is capped at $25,000 or your severance-formula amount, whichever is lower, and the cap is the same at DoD. At civilian agencies, if you take paid work with the federal government within five years after separation, normally must repay the full VSIP before your first day, unless OPM approves a waiver at your new agency's request. DoD has its own repayment rule.

Will I get severance or unemployment after a DRP?

A DRP pays no severance, because it is a voluntary resignation and severance requires an involuntary separation. Unemployment is decided under your state's law. Most states treat a voluntary resignation as disqualifying, but the state decides on your facts.

Sources: OPM memo CPM 2025-12, Template for Agency Administrative Leave Policies (July 30, 2025); OPM bulletin, 2026 Agency-Specific DRP and VERA Guidance (December 11, 2025); DoD DRP Offboarding Guide (April 2026); 5 CFR 630.1403, 630.1404 and 715.202; 5 U.S.C. 6329a, 3523, 3524, 5595, 8502 and 9902; proposed rule, Administrative Leave for Workforce Realignment and Other Purposes (June 29, 2026); OPM deferred resignation FAQ (2025); OPM Salary Table 2026-RUS.