Abusing Federal Paid Leave

Compensation for federal civilian employees is more generous than private-sector workers. Federal workers receive better benefits than their non-governmental counterparts in particular, and generous paid leave benefits are one of the federal advantages. A new report from the Government Accountability Office (GAO) suggests that federal agencies are abusing this benefit.

The Washington Post summarizes the GAO findings regarding the number of workers who are being paid for staying home:

53,000 civilian employees were kept home for one to three months during the three fiscal years that ended in September 2013. About 4,000 were idled for three months to a year and several hundred for one to three years. This is the first time the government has calculated the scope and cost of administrative leave.

The Office of Personnel Management permits paid leave for many reasons including jury duty and snow days. But those types of absence do not require one to three months of time out of the office. Instead, it appears that agencies are shifting employees to paid leave for months at a time while dealing with performance issues:

Auditors found that supervisors used wide discretion in putting employees on leave, including for alleged violations of government rules and laws, whistleblowing, doubts about trust­worthiness, and disputes with colleagues or bosses. Some employees remain on paid leave while they challenge demotions and other punishments.

This practice varies from the private sector where paid leave is used infrequently. The Washington Post notes that in the private sector “an employee accused of wrongdoing either stays at the office and is reassigned or is suspended without pay,” generally within days to minimize costs.

All told, GAO estimates that federal employees collected $775 million in salary while on leave. Employees continue to receive other benefits as well. Time on leave counts towards pension and pay increase calculations, and employees continue to accrue vacation and sick days.

GAO acknowledges that this cost estimate understates the problem because it only includes three-fifths of the federal civilian workforce. Leave is not tracked for the remaining employees.

Abusive practices are not a new phenomenon. As early as 1958, the comptroller general found excessive use of leave and ruled that it should not be used for more than 24 hours for employees under investigation.

Senators Chuck Grassley of Iowa and Jon Tester of Montana are working on legislation to overhaul this practice. If passed, the legislation “would narrowly define the circumstances in which employees can be kept home” and “pay would be limited to a few days,” to match private-sector practices. Limiting this abusive practice would save millions in unnecessary expense.