Ethics Rules for EPA Employees who are on Administrative Leave

This information applies to employees who are on administrative leave (but not as part of the deferred resignation program).  ​

Irrespective of why you have been placed on administrative leave,  you are still an EPA employee until you separate from EPA.  You are therefore subject to the federal ethics laws and regulations, including the following:

• EPA supplemental ethics regulations regarding outside activity
  • e.g., you have to seek prior approval from an ethics official for certain employment activities, even if uncompensated
• Criminal representational conflict of interest statutes
  • You cannot represent someone else back to the United States government, even if you are uncompensated
• The Hatch Act
  • e.g., you still can’t fundraise for a political party or partisan candidate

In addition, if you are a public financial disclosure filer (e.g., career SES, ALJ, SL/ST, some Title 42s or acting in one of these positions), then you have continuing filing obligations

Financial Disclosure Obligations

If you currently file the OGE 278 (e.g., career SES, ALJ, SL/ST, some Title 42 or acting in one of these positions)
You are still statutorily required to submit an annual disclosure report by May 15^th and, when you separate from EPA, a termination report.  In addition, you are required to file periodic transaction reports in INTEGRITY, even while on administrative leave. For more information please use Administrative Leave: Ethics Rules for Public Financial Disclosure Filers

If you are designated to file the Confidential Financial Disclosure report (the e450)
Because you will not be performing EPA duties while in AL status, EPA Ethics has determined that you do not have to file the e450 by the March 21 filing deadline. If you return to EPA, then you will need to file a new entrant report within 30 days of being in a work status. If you already filed the report, thank you and there is nothing else for you to do.

Continuing Hatch Act Obligations

Even on administrative leave, you are still subject to the Hatch Act, which governs the political activity of federal employees even in your personal capacity.  “Political activity” is defined as any activity directed at the success or failure of a candidate for partisan election, a political party, or a partisan political group.  Even in your personal capacity – which applies to your time on administrative leave -- the following prohibitions apply to you, all the time, 24/7. 

NEVER: 

• Solicit, accept, or receive political contributions
• Run for partisan political office
• Use your EPA affiliation or title in connection with political activity
• Engage in political activity in the federal workplace, including displaying candidate photos or partisan political items such as paraphernalia or campaign slogans
• Coerce subordinates to engage in political activity
• Accept volunteer services from a subordinate
• Use your official EPA authority to interfere with the outcome of an election
• Solicit or discourage political activity of anyone with business before EPA

How the rest of the Hatch Act applies to you depends on your type of appointment.  Most employees are lesser restricted while some are further restricted:

MOST EMPLOYEES (i.e., GS, SL/ST, Title 42)

You are “lesser restricted” under the Hatch Act, even while on administrative leave.   For more information regarding your obligations under the Hatch Act, please see this Hatch Act Chart (pdf) (195.93 KB, 2025.01.31), which summarizes what EPA employees can and cannot do based on their appointment.

For Career SES, ALJs and Public Health Service Officers

You are “further restricted” under the Hatch Act so, even while on administrative leave, you have even more limitations.  You cannot, for example, work in concert with any partisan candidate or political party, even on your own time (which includes this time on administrative leave).

Non-EPA Employment While on Administrative Leave

While on administrative leave, you are not performing any EPA duties, but you are still subject to the ethics rules.  Read through these reminders to ensure you remain ethical. 

Representational Conflict of Interest Laws

• You are subject to the criminal representational conflict of interest statutes set forth at 18 U.S.C. § 203 and § 205. You cannot represent anyone else, including a new employer or client, as their agent or attorney in connection with any matter in which the United States is a party or has a direct and substantial interest.  If you are compensated, then you also can’t receive payment for anyone else’s representational services while you are on admin leave.  In fact, the non-federal entity is also prohibited from paying you for representational services provided by you or someone else while you are on admin leave.
• Do not contact any United States government official on behalf of the non-federal employer or client, even while on admin leave. You are not representing the Agency or the United States government in this personal endeavor.

Misuse of Position

You cannot refer solely to your EPA position or title in connection with outside activity, including any listing on a website. If your bio mentions EPA, then it must also include other significant biographical details (at least two others) with EPA not having any undue prominence. See 5 C.F.R. § 2635.807(b).

You May Need to Seek Prior Approval for an Outside Activity

As outlined in the EPA supplemental ethics regulations, the following types of outside employment and activities require prior approval from an ethics official, even when you are on admin leave and even if the outside activity is uncompensated:

• Consulting services
• Practicing a profession (e.g., accountant, Realtor, lawyer, or something else that requires specialized knowledge, training or education)
• Holding State or local public office
• Any subject matter that deals in significant part with the policies, programs, or operations of EPA, or any matter to which you are currently assigned or to which you have been assigned in the previous year, or
• Providing services to an EPA contractor or subcontractor, the holder of an EPA assistance agreement or sub-agreement, or a firm that is regulated by your Region or Office.

Please note that any approval of an outside activity while you are on admin leave will apply only during this time.  Should you return to EPA work, then the approval is no longer in effect. If you still wish to engage in the outside activity, then pursuant to 5 C.F.R. § 6401.103(d), you will have to submit a new request to the appropriate ethics official.  You cannot assume that the prior approval remains in effect.

How to seek Prior Approval

For Most Employees (but not career SES or other public financial disclosure filers)

While on admin leave, you don’t have access to EPA systems so you may not know who your current Deputy Ethics Official is.  Send your request for approval of the outside activity to the EPA Ethics Office at ethics@epa.gov, and they will route your request appropriately.

Be sure to provide all of the information and a way for them to reach you if necessary.

INSTRUCTIONS: Please cut and paste the table below into an email and add your responses. Failure to provide all requested information will delay, and in some cases prevent, review of your outside activity request by EPA ethics officials.  Remember, any approval is necessarily limited to this period of time when you are on admin leave. 

Be sure to provide all of the information and a way for them to reach you if necessary.

Information Needed	Your Answer
Your Full Name
Your EPA Office & Subdivision (e.g., OAR/Office of Transportation and Air Quality or OGC/Air & Radiation Law Office)
Your EPA Title
Your Grade (e.g., GS-13)
Name of the business, person, or organization you will work for (in cases of self-employment, indicate the type of services to be rendered and estimate the number of clients or customers anticipated during the next 6 months)
Does the entity have any assistance agreements (e.g., grants) or contracts with EPA? If so, do you know what they are?
Description of the services to be performed for this entity. NOTE:  If the services will involve any federal agency, please explain what your role will be.
Amount of compensation expected for the services performed (e.g., uncompensated, flat $2000 fee, $45/hour, etc.)
Estimated time to be devoted to the activity (e.g., full time, 10 hours a week, etc)
Affirm in writing that you have read, are familiar with, and will abide by the restrictions described at 5 C.F.R. part 2635 and 6401.102.

Public Financial Disclosure filers only

Submit your request for outside activity to EPA Ethics directly. If you anticipate separating from EPA and expect to continue to work with the potential employer, then you are also statutorily required to file a negotiation notification form within 3 business days of entering into negotiations with a non-federal employer. Use this link to get to the form that you must use to request approval of outside activity: Administrative Leave: Ethics Rules for Public Financial Disclosure Filers

REMINDER:  Any approval of outside activity while you are on administrative leave is limited.  Should you return to EPA work, you must submit a new request for approval. 

Post Employment Obligations Should You Separate from EPA

If you separate from EPA, you – like all former employees – will be subject to the post-employment law. You may not appear before or communicate with government officials on behalf of another with the intent to influence government action on any specific party matter in which you personally or substantially participated as a federal employee. This is a permanent bar. See generally,  18 USC § 207(a)(1).

In addition, if you were a supervisor before you went on admin leave, then you may not appear before or communicate with government officials on any such matters that were under your official responsibility during your last year of government service.  This is a two-year bar after you last served as a supervisor. See generally,  18 USC § 207(a)(2).

“Senior Employees”[1] have additional one-year restrictions after serving as a senior employee, found at  18 USC § 207(c) (a one-year cooling off period for any matter pending before EPA) and 207(f) (a one-year period in which you may not aid, advise, or represent a foreign entity[2] on any matter pending before  any official of the United States, including Congress, the President, or Vice President). See 18 USC § 207(f).

Specific information regarding the seeking/post-employment rules per appointment type are found in these advisories:

• Departing EPA for Career GS Non-Supervisors (pdf) (286.83 KB, 2025.02.22)
• Departing EPA for Career GS Supervisors (pdf) (290.95 KB, 2025.02.22)
• Departing EPA for Career SES/SL/ST/Title 42 Employees (pdf) (338.41 KB, 2025.02.22)

Prohibition on former official's acceptance of compensation from a contractor 

In addition, for those with significant procurement responsibilities for a government procurement in excess of $10 million, you may be barred from accepting compensation from the winning contract of an Agency procurement for one year from the date you held certain positions or made certain decisions. See generally, 41 CFR § 3.104-3.

State Bar Restrictions (Attorneys Only)

If you are an attorney working for EPA, then even while you are in AL status, your client is still the United States.  Because you are licensed to practice law, you must continue to adhere to obligations to your client and to your state bar rules.  Pay particular attention to Rules 1.6 (client confidentiality), 1.7 (conflict of interest) and 1.11 (special conflicts of interest for former and current government officers and attorneys).  You cannot reveal attorney-client privileged information nor take adverse positions to the federal government (your current client). Activities that may be off limits to you include advising opposing counsel on how to interpret statutes, regulations, policies, or terms and conditions; discussing litigation strategy; and advising, reviewing and revising draft complaints, briefs, and other similar legal documents.  After you separate from EPA, you still have a continuing duty to your former client under Rule 1.9.

You should seek advice from your state bar counsel about your professional responsibility obligations.

EPA Grants Competition Policy

If this entity is a recipient of EPA grants funding, we suggest that they contact the Grants Competition Advocate (GrantsCompetition@epa.gov) to ascertain whether your concurrent employment with it creates any unique conflicts under EPA’s Competition Policy. Be advised that entities that violate EPA’s Competition Policy may be ineligible to receive EPA funding in the future. 

Questions? Visit Ethics Frequently Asked Questions About Administrative Leave; or email  ethics@epa.gov.