Washington, DC — Public Employees for Environmental Responsibility (PEER) today filed formal comments opposing a proposed Office of Personnel Management (OPM) rule that would make it easier for agencies to place federal employees who may face layoffs into indefinite paid leave without any way to challenge it.

In its comments, PEER states the new rule unlawfully weakens longstanding protections established by Congress and would expand a costly practice that left more than 100,000 federal employees idled at taxpayer expense in 2025.

The proposed rule, OPM-2026-0397, would replace a narrow standard that currently requires agencies to keep employees working during a Reduction in Force (RIF) notice period unless a genuine emergency exists, with a vague standard letting agencies act whenever they decide it is in the “government’s best interest.” OPM’s own preamble states the change is meant to help agencies avoid “burdensome” RIF procedures Congress wrote into law.

The proposal also violates the Administrative Leave Act which prohibits agencies from placing an employee on involuntary administrative leave for more than 10 workdays in a calendar year.

“Congress deliberately limited how long agencies could keep employees on involuntary paid leave because it recognized the enormous costs and potential for abuse,” said PEER Executive Director Tim Whitehouse. “Instead of closing loopholes, OPM is proposing to expand them. Agencies shouldn’t be able to bypass protections Congress established simply by calling the leave something else. OPM should not create a back door that lets agencies bypass those protections by indefinitely paying employees to stay home until their jobs disappear.”

In its comments, PEER calls out that OPM has already relied on this loophole to authorize months of paid leave for employees affected by workforce reorganizations – far exceeding the ten-day limit established by Congress.

The consequences extend beyond wasted taxpayer dollars.

PEER has represented employees who remained on paid leave for over a year without any meaningful opportunity to challenge their status. During that time, some lost access to agency email systems and internal hiring platforms, making it difficult or impossible to apply for other federal positions while effectively waiting to lose their jobs. As PEER’s comments explain, employees are effectively exiled from the workplace with no meaningful opportunity to challenge the decision before it’s too late.

And PEER has challenged unlawful administrative leave practices for nearly a decade. In 2024, the organization sued OPM to compel it to finalize regulations implementing the Administrative Leave Act after years of delay. PEER has also repeatedly urged both OPM and the Office of Special Counsel to address the agency’s continued misuse of paid leave authorities.

If OPM finalizes the proposal without addressing these legal deficiencies, PEER says it will evaluate additional legal options.

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Read PEER’s comments on OPM’s proposed rule

Read PEER’s previous analysis of administrative leave regulations

Read PEER’s report estimating the cost of prolonged paid leave across the federal government

PEER protects public employees who protect our environment, natural resources, and public health. We support current and former environmental and public health professionals, land managers, scientists, enforcement officers, and other civil servants dedicated to upholding environmental laws and values across federal, state, local, and tribal governments.