Not Much to See Here: Check Out the Notice Leave Regs
Have you ever waited for something for so long, that by the time you finally get it, you end up feeling underwhelmed? That’s how I felt in December when OPM finally released its long-overdue regulations on Notice Leave.
Way back in 2016, Congress passed, and President Obama signed, the Administrative Leave Act. Recognizing that employees who were in the process of being removed cause more problems than they solve if they remain in the workplace after receiving a notice of proposed removal, this law created a category called Notice Leave, which allows agencies to carry employees in a paid status but remain at home without duties until the decision letter is issued.
OPM’s regulations on Notice Leave were due in September 2017 but were not issued until December 2024. Anticipating there must be some interesting and significant content given the seven-year delay, I was surprised to see that the regulations are quite straightforward. The main takeaway for Notice Leave is that as long as an agency can show the employee’s continued presence in the workplace poses a threat to government personnel, property, or other interest, agencies are free to use Notice Leave. We’ll cover the regs in more detail during Workplace Investigations Week (February 24-28), MSPB Law Week (April 7-11) and Absence, Leave Abuse & Medical Issues Week (June 2-6).
In this month’s newsletter, our authors cover topics including:
- Why good management is not discrimination,
- Why filing deadlines matter,
- How the cc field in an email turned into multi-year litigation, and
- The new rules for COVID-19 and workers compensation claims.
Read and enjoy,
Deborah J. Hopkins, FELTG President