OPM's New Admin Leave Rule: Comment by July 29, 2026
Last Updated: July 5, 2026
OPM wants to rewrite the rules on administrative leave for federal employees, and the comment window closes July 29, 2026. The proposed rule caps how long you can sit on admin leave during an investigation, bans three uses outright, and formally turns admin leave into a workforce-restructuring tool for deferred resignations. Here is what changes, what stays the same, and how to weigh in before the deadline.
What the Rule Actually Changes
The proposal amends 5 CFR parts 351, 630, and 715. Most of it converts existing OPM guidance into binding regulation.
Three new prohibited uses land at section 630.1403(b):
- No admin leave for an investigation past 10 workdays per calendar year. Once an employee hits the cap, the agency must move them to investigative leave, a separate category with its own documentation and periodic review requirements.
- No admin leave where sick leave should be used, unless governmentwide policy specifically allows it.
- No admin leave for serving as a poll worker or poll observer in elections.
Deferred resignation gets a legal home. The rule authorizes extended administrative leave as a "transition-to-separation tool," subject to governmentwide limits set by OPM or agency limits. Trade press has reported a 12-weeks-per-instance ceiling unless OPM and OMB jointly approve more, but that figure sits in a separate governmentwide limit, not the rule text itself, so treat it as reported rather than codified.
Resignations get stickier. Under the amended section 715.202(b), an agency may decline to let you withdraw a resignation if you already accepted benefits under a deferred-resignation agreement. If you signed and took the paid leave, unsigning gets harder.
One thing the rule does not do: create new paperwork. OPM states it adds no new reporting or recordkeeping requirements and estimates the cost as minimal. The justification and review duties mostly live in the existing investigative-leave and notice-leave provisions from the December 2024 rule.
The 10-Year Story Behind the 10-Day Cap
The cap is not new law. It is old law finally getting enforced.
| Date | What happened |
|---|---|
| Before 2016 | Agencies parked employees on open-ended paid admin leave during investigations, sometimes for months or years, drawing GAO and MSPB criticism |
| December 23, 2016 | The Administrative Leave Act (part of the FY2017 NDAA) capped investigative admin leave at 10 workdays per year and created investigative leave and notice leave for anything longer |
| December 2024 | OPM finally issued implementing regulations, roughly 8 years later |
| June 29, 2026 | This proposed rule builds on that framework: binding prohibitions plus the deferred-resignation authority |
That eight-year gap between statute and regulation is why plenty of employees experienced months-long "admin leave" that the 2016 law was supposed to prevent.
What You Can and Can't Do on Administrative Leave
The proposed rule tightens categories, but the paid-status basics come from OPM's existing framework:
You keep:
- Full salary. Admin leave is paid, non-duty time.
- FEHB and FEGLI coverage, and you keep accruing annual and sick leave.
- Creditable service time for step increases and retirement.
- Your separation date, if you are on deferred-resignation leave: you remain employed until the date in your written agreement.
You're still bound by:
- Ethics and outside-activity rules. Admin leave is not a green light for a conflicting second job.
- Availability requirements. Agencies can require you to stay reachable and able to return to duty, often within your commuting area.
- Access restrictions if you move to investigative or notice leave: facility access, systems, credentials, and equipment can be pulled.
Admin leave is agency-directed. You cannot demand it, and the agency controls placement and duration within the regulatory limits. Your agency's written policy and your placement memo govern the day-to-day specifics.
If you are mapping how leave categories interact with your own balance sheet, the Federal Leave Optimizer covers the paid-leave side, and anyone weighing a deferred-resignation offer should run the Severance Pay Calculator first to compare what an involuntary separation would pay instead.
Don't Confuse This With the Douglas Factors Rule
Two OPM rulemakings dropped within days of each other, and they are easy to conflate:
| Administrative leave rule | Accountability (Douglas) rule | |
|---|---|---|
| Document | 2026-13073 | 2026-13445 |
| Published | June 29, 2026 | July 2, 2026 |
| Comment deadline | July 29, 2026 | August 3, 2026 |
| Issued by | OPM | OPM + MSPB jointly |
| Covers | Admin leave uses, limits, prohibitions, deferred-resignation leave | Performance removals, default 30-day PIP, replacing the Douglas factors |
| Docket | OPM-2026-0397 | OPM_FRDOC_0001-4576 |
Want to comment on both? That is two separate filings on two separate dockets by two separate dates. Our breakdown of the Douglas factors elimination proposal covers the other rule, and the PIP changes guide explains what a default 30-day improvement period would mean.
How to File a Comment Before July 29
Agencies must respond to substantive comments, and specific beats loud. The process takes ten minutes:
- Go to regulations.gov and search docket OPM-2026-0397 (or document number 2026-13073).
- Open the proposed rule and click Comment.
- Reference the exact section you are addressing, like the 630.1403(b) prohibitions or the 715.202(b) resignation-withdrawal change, and explain the real-world effect on employees in your situation.
- Skip sensitive personal details. Comments are posted publicly, and you may file anonymously.
- Submit before July 29, 2026. The site timestamps on receipt, so do not wait for the last hour.
- Save the tracking ID you get on submission.
Frequently Asked Questions
When does the rule take effect?
It does not yet. This is a proposed rule. OPM must review public comments before publishing any final version, and the final rule can differ from the proposal.
How long can I be kept on admin leave during an investigation?
Ten workdays per calendar year. Past that, the agency must use investigative leave, which carries documentation and periodic-review requirements.
Does admin leave hurt my retirement or benefits?
No. It is paid time. FEHB and FEGLI continue, leave keeps accruing, and the time counts as creditable service.
Can my agency refuse to let me take back my resignation?
Under the proposal, yes, if you already accepted benefits under a deferred-resignation agreement. That is the section 715.202(b) change, and it is worth a comment if it affects you.
Is the 12-week cap on realignment leave in the rule?
Not in the rule text. The regulation defers to governmentwide limits set by OPM. The 12-weeks-per-instance figure comes from trade-press summaries of that separate limit, so treat it as reported until OPM confirms it.
Related Resources
- Federal Leave Optimizer: How your paid leave categories stack and when to use each.
- Severance Pay Calculator: What an involuntary separation would actually pay before you sign a deferred-resignation deal.
- Douglas Factors Elimination Guide: The companion rulemaking with the August 3 deadline.
- RIF Survival Guide 2026: Your rights and options if restructuring reaches your job.
Sources: Federal Register document 2026-13073, OPM administrative leave fact sheet, Federal Register document 2026-13445, FedSmith, FedWeek.