Definition

An excused absence is a period of administratively authorized absence from official duties without loss of pay and without charge to an employee's leave account. Excused absence is often synonymous with the term "administrative leave" and is distinct from the absence of an employee who is performing officially sanctioned activities away from the employee's usual worksite or regular duties.  The distinction is that an employee, while on excused absence, is not acting within the employer-employee relationship and not deemed to be subject to the control or responsibility of the Department as an employer. Employees who are performing certain representational functions or are conducting the business of organizations recognized by the agency (e.g., credit unions, welfare and recreation associations, or the Combined Federal Campaign) generally are considered to be acting within the employer-employee relationship. Leave-approving officials retain authority to limit time spent on such activities, as necessary.

General 

In individual cases, the provisions of this guidance permit a leave-approving official to grant excused absences subject to any restrictions imposed by the operating unit or as otherwise stipulated in this guidance (e.g., emergency condition, blood donation, etc.). Each operating unit shall prescribe procedures for the approval of excused absences for groups of employees.

Excused absence may be granted for infrequent and brief participation in civic, patriotic, or community activities which are recognized and sanctioned for attendance of employees of all agencies. Examples of such activities include viewing a parade, welcoming visiting dignitaries, attending dedication or public ceremonies, and similar events. Usually, the White House or the Secretary will promote participation in these kinds of activities by public announcement. Civic, patriotic, and community activities which are not sanctioned for participation of employees government wide are not covered by excused absence. Approved absences for these purposes should be charged to annual leave, credit hours, compensatory time or leave without pay, as appropriate. 

When weather or other safety-related conditions prevent employees from safely traveling to, or safely performing work at, an approved location due to an act of God, terrorist attack, or other applicable condition, they may be granted Weather and Safety Leave in accordance with 5 CFR 630 Subpart P and OPM’s Government-Wide Dismissal and Closure Procedures.

Within the “Washington Capital Beltway,” DOC facilities will follow the directions of OPM as posted on the Washington, DC Operating Status page. When such condition impacts a facility outside this area, authorized facility Directors may utilize one of the available “Standard Operating Status” options described in OPM’s Government-Wide Dismissal and Closure Procedures. Prior to executing an office status change, facility Directors should consider any OPM operating status announcement, the guidance of the local Federal Executive Board, the status determinations made by other government agencies (and other DOC offices in particular) and should consult with their Bureau leadership.

Tardiness and Brief Absence

When reasons appear to be justifiable, an employee's unauthorized tardiness or other brief absence from duty of less than one hour may be excused by a leave-approving official without charge to any type of leave. When the absence is one hour or more, the approving official may grant administrative leave. 

When the reasons are determined not to be justifiable, the absence may be handled administratively in any of the following ways:

• Requiring the employee to make-up the time (e.g., staying late the same day) equivalent to the period of absence or tardiness as long as the extension would not result in the employee's entitlement to premium pay (e.g., night differential) to which they would not have otherwise been entitled;
• Charging the absence against any compensatory time which the employee may have to their credit;
• Charging the absence against annual leave, at the employee's request;
• Placing the employee on LWOP, at the employee's request; or
• Recording the absence as absence without leave.

When an employee is charged with leave or placed in a nonpay status for an unauthorized absence or tardiness, the supervisor may not require or allow the employee to perform work for any part of the period for which the employee is being charged with leave or is in a nonpay status.

Absence for Testimony at Administrative Proceedings

Employees called to testify or provide sworn statements at hearings conducted by the Office of Special Counsel, the Merit Systems Protection Board, the Equal Employment Opportunity Commission, or duly appointed arbitrators or grievance examiners are deemed within the employer-employee relationship. Employees are considered in an official duty status for the period of testimony and no grant of excused absence will be recorded. Similarly, employees are considered in an official duty status for the presentation of, but not the preparation of, administrative grievances. 

Absence to perform jury duty or serve as a witness is covered under Court Leave.

Absence for Voting and Registration

Employees may receive up to four hours of administrative leave to vote in federal, state, local, tribal, and territorial elections. Employees may also use up to four hours of administrative leave per year to serve as non-partisan poll workers or observers, or to obtaining training for such service; total administrative leave for this service may not exceed four hours.

In jurisdictions where registration in person is required and registration cannot be accomplished on a nonworkday, an employee may be granted up to a full day of excused absence in order to register.

If an employee's voting location is beyond normal commuting distance and vote by absentee ballot is not permitted, the employee may be granted sufficient time off in order to be able to make the trip to the voting location to cast their ballot. Where more than one day is required to make the trip, time off in excess of one day shall be charged to annual leave, accrued compensatory time, or LWOP (32 Comp. Gen. 361).

Up to a full day of excused absence may be granted as required for an employee to prepare and have certified an absentee ballot if these activities cannot be accomplished during nonworking hours.

Absence for Conventions or Conferences

Employees who are authorized by appropriate authority to attend conferences, conventions, or meetings in connection with and as a part of their official duties are in duty status, and use of administrative leave is not necessary.

If the convention, conference, or meeting is not directly related to the employee's official duties, but attendance will contribute to the goals of the Department, it is within the discretion of the operating unit to grant excused absence or to grant annual leave or LWOP for such purposes. 

The leave and duty status of an employee who attends a meeting, conference, or convention should be clearly established in advance.

Absence to Take Examinations

Employees taking noncompetitive civil service examinations for positions in the Department, examinations established by operating units to determine qualifications for promotion, or competitive examinations to qualify for competitive status in the positions which they hold in the Department, may be granted excused absence for the time necessary to take the examination, including the time it takes the employee to travel to and from the examination site.

Excused absence may be granted at the discretion of the leave-approving official for the time necessary to take other examinations (e.g., the CPA exam, bar exam) which are directly related to the employee's current or prospective duties within the Department.

Absence for Travel Time to Return to Place of Residence for Leave

Employees who return to the United States, or to their place of residence which is outside the area of employment in the Commonwealth of Puerto Rico or the possessions of the United States, shall be granted excused absence for travel time without charge to leave under the following conditions:

• Only employees eligible to accumulate up to 45 days annual leave are entitled to excused absence for travel under this paragraph;
• The time involved (without charge to leave) shall not exceed what is actually and necessarily required by the mode of transportation authorized by the operating unit to travel to the employee's place of residence and to return to a duty station outside the United States; and
• Travel time shall be allowed for only one period of leave during a single tour of duty at a station outside the United States.

Absence for Medical Examinations

An employee may be granted excused absence to take a medical examination officially required in connection with their continued employment in the Department.

Absence for Immediate Treatment of On-the-Job Injury

An employee injured on-the-job must be granted excused absence for an initial examination and for immediate treatment by a physician of the employee's choice on the day of injury. Where local treatment is not available for employees who are duty stationed outside the continental United States, an employee may be excused for whatever period is required for travel to and from the nearest medical facility for necessary treatment. 

Absence for Treatment for Illness Occurring during Working Hours

An employee who becomes ill during working hours may be granted excused absence for up to one hour for consultation and treatment in the nearest medical facility, including a government health unit or emergency room. 

Similarly, an employee who is required under the advice of a physician to rest or receive periodic treatment may be excused, on a limited basis, for a period of up to one hour in a day. This provision covers unusual circumstances of short duration; it is not intended to be used as a substitute for sick leave (i.e., when an employee is incapacitated to perform the duties of their position). Employees who are under the advice of a physician to rest or receive periodic treatment during the workday must provide documentation from the physician specifying the circumstances, e.g., condition requiring rest or treatment, the treatment, the duration of rest period(s), etc.

Absence for Safe Leave

An employee will be granted an excused absence for safe leave only when there is an immediate or imminent threat to the employee’s safety. Other uses of safe leave are supported through the use of sick and annual leave.  

Absence for Blood Donations

Employees who donate blood to an appropriate organization, such as the Red Cross or the American Blood Center, including those that participate in apheresis (platelet donation) or who donate in emergency situations to local hospitals or blood-banks of nonprofit institutions, may be granted up to four hours excused absence from duty to make the donation (not including the lunch period). The four hours include time required to reach the donation site and return (if appropriate), as well as the time for actually donating blood and recovery. Time in excess of four hours may be granted at the employee's request, as annual leave, sick leave, accrued compensatory time, or LWOP.

Absence for Civil Defense Pre-Emergency Training Programs

Full-time employees may be excused for up to 40 working hours during a single calendar year to participate in pre-emergency training programs, tests, or drills at the request of state or local civil defense authorities. However, members of the Civil Air Patrol (CAP) ordered to participate in CAP activities (emergency search, training, or drills) are not eligible for excused absence for those purposes.

When an employee has requested and received approval for excused absence in excess of one day for civil defense activities, the employee shall provide to the leave-approving official a statement signed by a responsible official of the local civil defense organization certifying the employee's attendance through-out the period of excused absence.

Absence for Volunteer Service

Because an agency is authorized to pay the salaries only of employees who perform work related to the agency's mission and because pay levels for those employees are determined by the official duties they perform for the employing agency, it is generally inappropriate to pay an employee for performing volunteer service during work hours. Credit hours, annual leave, accrued compensatory time, or LWOP should be considered before granting an employee excused absence to engage in volunteer service during normal work hours. Notwithstanding these considerations, employees may be granted excused absence of short duration for volunteer service if such service:

• Is directly related to the Department's mission;
• Is officially sponsored or otherwise sanctioned by a bureau or by the Secretary; 
• Will clearly enhance the professional development or skills of the employee in their current position; or
• The absence is brief and is determined to be in the interest of the agency by the leave approving official.

Absence for Participation in Health and Fitness Activities

Participation in approved alternative work schedules or grants of annual leave, accrued compensatory time, leave without pay or, in limited circumstances, excused absence should normally be exercised to allow an employee to participate in health and fitness activities. However, before taking such action, due consideration should be given to the effect of the employee's absence or change in duty schedule on work operations and productivity.

The limited circumstances for which excused absence may be granted to an employee to participate in health and fitness activities are as follows:

• The activity must be officially sponsored or sanctioned by a bureau or by the Secretary;
• The amount of excused absence in each instance must be a short period, and the activity for which excused absence is granted must be a specific, fixed duration; and
• The leave-approving official must determine that the employee's participation in the activity will likely benefit the organization. 

Absence for Organ Donations or Participation in Living Donor Programs

Employees may be granted up to 30 days of excused absence per calendar year in addition to annual and sick leave, and any other form of leave to the employee's credit for organ donation and recovery. Employees may also be granted seven (7) days of excused absence per calendar year (in addition to annual and sick leave, and any other form of leave to the employee's credit) specifically for bone marrow donation and recovery. Note that employees may not use 7 days of excused absence for bone marrow donation for their own future use. At the employee’s request (and supervisor's discretion), recovery time in excess of the 30 days for organ donation/recovery or 7 days for bone marrow donation/recovery may be charged to annual leave, sick leave, advanced annual or sick leave, accrued compensatory time, accrued credit hours (if on a flexible alternative work schedule) or leave without pay. 

Supervisors may also authorize short periods of excused absence from duty so that employees can participate in screening activities to become potential bone marrow or living organ donors. 

Under the Organ Donor Leave Act (public law 106-56), employees who use leave for organ or bone marrow donation will do so without loss of or reduction in pay, leave to which otherwise entitled, credit for time in service, or performance or efficiency rating. 

Absence for Travel Between Duty Stations

Employees required to travel to a new duty station shall be considered in a duty status during the period of travel if the transfer is made in the interest of the Government, whether or not the employee's transportation expenses are paid by the Government, and no grant of excused absence will be recorded. 

In such cases, if the employee for personal reasons travels by an indirect route or uses a mode of transportation requiring more time than is otherwise required, the additional travel time shall be charged to annual leave, accrued compensatory time, or LWOP.

In any case in which an employee's transfer is primarily in the employee's interest, any absence on travel necessitated by the transfer shall be charged to annual leave, accrued compensatory time, or LWOP.

When traveling from the duty station to the employee’s residence for the purposes of teleworking for the balance of the day, the employee’s travel will be considered primarily in the employee’s interest unless the travel is a result of a weather or safety related issue preventing the employee from continuing to work at their duty station.

Absence for Moving Arrangements in Connection with Duty Station Change

Employees may be granted a reasonable amount of excused absence to complete pre- and post-moving arrangements in connection with a permanent transfer overseas, from one overseas post to another, from overseas to an assignment in the United States, or between duty stations in the United States that are located more than 100 miles apart if the transfer is made in the interest of the Government. 

Up to 16 hours of excused absence may be granted for the purpose of packing before the change in duty station, and up to 8 hours for unpacking upon arrival at the new duty station. Additional absences for this purpose shall be charged to annual leave, accrued compensatory time, or LWOP, as appropriate.

In any case in which the employee's transfer is primarily in the employee's interest, any absence necessitated by the change in duty station shall be charged to annual leave, accrued compensatory time, or LWOP, as appropriate.

Absence for Military Spouse or Military Caregiver Relocation

Employees accompanying a military spouse during a geographic relocation occurring as directed by a service member’s orders may be provided up to five days of administrative leave. Employees should code leave as 66 “Administrative Leave to Support Military Spouse Relocation.”

Absence for Rest Period after Travel

An employee who travels directly between origin and destination point which are separated by several times zones and either of which is outside the continental United States may be authorized excused absence the following day when air travel between the two points is by less than premium class accommodations and the scheduled flight time, including stopovers, exceeds 14 hours by the direct or usually traveled route.

Excused absence shall not be authorized when an employee, for personal convenience, elects to travel by an indirect route resulting in excess travel time. Neither shall excused absence be authorized if the accommodations are premium class or better. Excused absence may not be authorized for a noncontiguous duty period. A grant of excused absence may not imply an entitlement to premium pay for the travel hours.

Return from Active Military Service

Federal employees who are members of the National Guard or Reserves and who are returning from active duty in support of the Global War on Terrorism (GWOT) are entitled to five (5) days of excused absence, without loss of pay or personal leave, to ease the transition to civilian life. An “overseas” deployment is not required for this entitlement. Excused absence for this purpose is applicable for employees returning from active military service in connection with the GWOT as part of Operation Noble Eagle, Operation Enduring Freedom, and Operation Iraqi Freedom, as well as any other current or future military operations deemed to be part of the GWOT. The following applies to the granting of excused absence for this purpose: 

• Employees must have been on active duty in support of the GWOT for at least 42 consecutive days for eligibility to the leave;
• If an additional 42-consecutive days of active duty occurs during the same 12-month period, the employee is not eligible for another 5 days of excused absence. A subsequent period of active duty of at least 42 consecutive days must end after the current 12-month period for an employee to be eligible for an additional 5 days of excused absence; 
• The 5 days of excused absence must be used all at once and be granted as soon as the employee reports back for Federal civilian duty or provides notification to the agency of their intent to return to civilian duty. The only exceptions to this are if the employee has already returned to Federal service and: (1) did not initially take the 5 days of excused absence because they returned to duty prior to November 14, 2003; or (2) was not granted the 5 days of excused absence for a second or subsequent deployment outside of the original 12-month period. In these cases, the time frame for use of the excused absence must be mutually agreeable to the employee and their supervisor; 
• The 5 days of excused absence does not affect the time limits for employees exercising their restoration rights since the commencement of the 5 days constitutes a return to Federal civilian service;
• The period of excused absence for an employee on a part-time tour of duty or an uncommon tour of duty is prorated based on the number of hours in the employee’s regularly scheduled workweek. Prorations of excused absence are not to be made based on the length of service of active military duty. 

Note that if an employee was not a Federal civilian employee at the time of their activation they do not qualify for the 5 days of excused absence. 

Notice Period Preceding a Removal or Indefinite Suspension

When an employee's removal or indefinite suspension is proposed, and the employee's continued presence at the worksite during the notice period would constitute a threat to public property or the health and safety of coworkers or the public, the employee may be placed on excused absence for all, or part of the time, required to effect the action in accordance with regulations and Department policies on adverse actions.

Notice Period Preceding a Reduction in Force

Employees who have received a general or specific notice of reduction in force may be granted excused absence for interviews for other prospective positions within the Department, during the notice period. 

Equal Employment Opportunity (EEO) Complaints

Employees who are pursuing their own EEO complaint against the Department or have been approved to represent other Department employees who are pursuing an EEO complaint against the Department, or are asked to provide evidence as a witness in an EEO inquiry or investigation, as part of an administrative proceeding must be granted a reasonable amount of official time to engage in this EEO activity. Employees are considered in official duty status for this time and no grant of excused absence will be recorded. 

Official time will not be granted to employees pursuing EEO complaints against other Federal agencies, or serving as representatives in such complaints unless they are appearing under summons or called pursuant to a hearing. Absence for any such purpose must be charged to annual leave, accrued compensatory time, or LWOP.

Leave-approving officials should consult with the HRO when granting or denying employee requests for official time to pursue EEO complaints.

Updated July 2024.