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Federal Paid Administrative Leave: Additional Guidance Needed to Improve OPM Data

GAO-15-79 Published: Oct 17, 2014. Publicly Released: Oct 20, 2014.
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Highlights

What GAO Found

Policies. Agencies have the authority to grant paid administrative leave—an excused absence without loss of pay or charge to individual leave—and to set policies governing its use. Among the five agencies GAO reviewed—the Departments of Defense (DOD), the Interior, and Veterans Affairs (VA); the General Services Administration; and the U.S. Agency for International Development (USAID)—agency policies and guidance contained several common activities for granting paid administrative leave (such as voting and blood donations). However, variations exist, depending on agency mission and how leave is categorized in agency policy. For example, USAID and DOD officials said that they grant paid administrative leave for rest and recuperation to employees serving 6 months or more in Afghanistan, while the other selected agencies did not.

Recording and Reporting Practices. GAO found inaccuracies in Office of Personnel Management (OPM) data due to (1) differences between agencies' leave recording practices and what OPM officials consider paid administrative leave; and (2) differences in what payroll providers report to OPM as paid administrative leave. For example, VA employees record all authorized official time for union activities as paid administrative leave in the agency's time and attendance system. In addition, one payroll provider includes federal holidays as administrative leave when reporting the data to OPM. OPM officials said that, in both instances, they would not expect such absences to be recorded as administrative leave. These variations occur because OPM has not provided guidance on what agencies should record and has provided limited guidance on what payroll providers should report as paid administrative leave. Such guidance could help agencies better manage the federal workforce.

Amounts and Costs. After separating federal holidays from the payroll data, OPM-reported data showed that from fiscal year 2011 through 2013, paid administrative leave accounted for less than 1 percent of total paid work days and estimated salary cost. Over these 3 years, about 97 percent of employees charged 20 days or less (see figure). For the same time period, 263 employees charged between 1 and 3 years of paid administrative leave, with an estimated salary cost of $31 million.

Large Amounts. Agency officials stated that the most common reason for which selected employees charged amounts relatively higher than the agency average, was for personnel matters, such as investigations into alleged misconduct.

Employees Charging Paid Administrative Leave Government-wide Fiscal Years 2011-2013

HighLts 01-5-v2-451067 Note: Reflects workdays (5 days per week, about 21 days per month, and 260 days per year).

Why GAO Did This Study

Federal agencies have the discretion to grant paid administrative leave for a variety of reasons, such as weather closures and blood donations. While paid administrative leave costs taxpayers, it has not been reviewed or reported on extensively.

GAO was asked to examine the use of paid administrative leave. This report (1) describes paid administrative leave policies at selected federal agencies; (2) reviews practices in recording and reporting paid administrative leave and describes the number of federal employees granted such leave, and the amount and associated salary costs of such leave; and (3) describes categories for which large amounts of paid administrative leave have been charged by individual employees at selected federal agencies.

To determine the total amount of paid administrative leave, GAO analyzed fiscal year 2011 through 2013 payroll data from OPM's Enterprise Human Resources Integration system. To review agency policies and reasons for using large amounts of administrative leave, GAO selected five agencies based in part on the percentage of employees with higher-than-average amounts of such leave.

Recommendations

GAO recommends that OPM develop agency and payroll provider guidance regarding the recording and reporting of paid administrative leave. OPM partially concurred agreeing to clarify guidance to agencies and payroll providers, but said it could not direct agencies on how to collect such data. GAO continues to believe the recommendations are valid.

Recommendations for Executive Action

Agency Affected Recommendation Status
Office of Personnel Management To help ensure that agencies report comparable and reliable data to Enterprise Human Resources Integration (EHRI), the Director of OPM, in coordination with agencies and payroll service providers, should develop guidance for agencies on which activities to enter, or not enter, as paid administrative leave in agency time and attendance systems.
Open
To address agency use of paid administrative leave that may exceed reasonable amounts as well as discrepancies in recording and reporting paid administrative leave, in December 2016, Congress passed the "Administrative Leave Act of 2016." The act mandates new categories of paid leave, including "investigative leave," "notice leave," and "weather and safety leave" and sets limitations on the duration of paid administrative leave as well as the new categories of investigative and notice leave. The Act also requires OPM to establish regulations on (1) when to grant administrative leave and the other new categories of paid leave, and (2) the proper recording and reporting of these types of paid leave. In July 2017, OPM proposed new rules to regulate paid administrative leave, but has not finalized all these rules. In April 2018, OPM issued final regulations for "weather and safety leave" and announced that it would issue separate final regulations for "administrative leave," "investigative leave," and "notice leave" at a later date. In July 2019, OPM officials told us that they have not finalized the remaining regulations due to legal and practical concerns related to employees serving overseas. For example, the proposed rules could conflict with overseas personnel observing local holidays for security, diplomatic, and practical reasons. OPM also announced that it is reconvening its interagency working group for dismissal and closure procedures to update its "DC Dismissal and Closure Procedures" guidance to reflect the new "weather and safety leave" procedures. In addition, in response to our recommendation, in May 2015, OPM issued a fact sheet on administrative leave, which discusses the appropriate use of an agency's administrative leave authority, including a definition of administrative leave as well as applicable government-wide, individual agency, and emergency policies on the use of administrative leave. However, this fact sheet will need to be revised to reflect the newly issued regulations for "weather and safety leave" in addition to the regulations for the other categories of paid leave when they are in effect. Once all regulations are finalized, the proposed rules, along with updated fact sheet guidance, should help agencies and federal employees appropriately use, record, and report administrative leave. As of February 2024, OPM had not issued final regulations.
Office of Personnel Management To help ensure that agencies report comparable and reliable data to EHRI, the Director of OPM, in coordination with agencies and payroll service providers, should provide updated and specific guidance to payroll service providers on which activities to report, or not report, to the paid administrative leave data element in EHRI.
Open
To address agency use of paid administrative leave that may exceed reasonable amounts as well as discrepancies in recording and reporting paid administrative leave, in December 2016, Congress passed the "Administrative Leave Act of 2016." The act mandates new categories of paid leave, including "investigative leave," "notice leave," and "weather and safety leave" and sets limitations on the duration of paid administrative leave as well as the new categories of investigative and notice leave. The Act also requires OPM to establish regulations on (1) when to grant administrative leave and the other new categories of paid leave, and (2) the proper recording and reporting of these types of paid leave. In July 2017, OPM proposed new rules to regulate paid administrative leave, but has not finalized all these rules. In April 2018, OPM issued final regulations for "weather and safety leave" and announced that it would issue separate final regulations for "administrative leave," "investigative leave," and "notice leave" at a later date. To accompany the final regulations for "weather and safety leave," OPM issued two new data standards for agencies to report Paid Holiday Time Off and Weather and Safety Leave Hours Used that became effective in May 2018. Also, in November 2018, OPM released an update to its "DC Dismissal and Closure Procedures" guidance to reflect the new "weather and safety leave" procedures. Once all regulations are finalized, the proposed rules, along with updated guidance to payroll providers for reporting paid administrative leave and the new leave categories, should help agencies report comparable and reliable data to EHRI. As of February 2024, OPM had not issued final regulations.

Full Report

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Topics

Administrative leaveAnnual leaveAttendance recordsCost analysisData collectionDatabasesFederal agenciesFederal employeesHolidaysPayroll recordsPayroll systemsPersonnel recordsReporting requirementsTaxpayersCost estimatesPolicies and proceduresWages