You're on Administrative Leave from EPA: How the Ethics Rules Apply to You
Irrespective of why you are on administrative from EPA, you are still an employee subject to the federal ethics laws and regulations. Use the chart below to see how the rules apply to your situation. If you have additional topics that you want added, then send an email to ethics@epa.gov .
| Ethics topics | Former employee (separated from EPA) | Employee on Administrative Leave (separation date from EPA unknown) | Employee on Deferred Resignation (separation date from EPA is known) | Probationary employee terminated but now returned to EPA and placed in admin leave status |
|---|---|---|---|---|
| Are you subject to the Standards of Ethical Conduct for Employees of the Executive Branch (the federal ethics rules)? |
No |
Yes | Yes | Yes |
| Are you subject to the federal criminal representational conflicts of interest laws? 18 U.S.C. § 203 and 18 U.S.C. § 205 | No | Yes | Yes | Yes |
| Are you subject to the Hatch Act (that governs political activity of employees, even in personal capacity)? | No | Yes | Yes | Yes |
| Are you subject to the federal post-government employment statute? | Yes | Not yet | Not until you separate from EPA | Not yet |
| Do you need to seek prior approval from an EPA ethics official before engaging in activities or employment outside of EPA? | No | Yes, depending on the outside activity or employment. See HERE for more information | Yes, depending on the outside activity or employment. See HERE for more information. | Because you are now back at EPA (in admin leave status), you must seek approval of certain types of outside activity or employment. |
| If you received approval for the outside activity and then return to EPA work status, do you need to seek approval again? | Does not apply to you | Yes. Because returning to EPA work status changes the conditions for any prior approval, you must seek approval again. | Does not apply to you because you are not returning to EPA work status | Yes. Because returning to EPA work status changes the conditions for any prior approval, you must seek approval again. |
| Whether or not you are required to seek prior approval for an outside job, can you keep it should you return to EPA work? | Does not apply to you | Only if consistent with misuse of position and other ethics rules (e.g., not on EPA time or with EPA resources). You will also have financial conflict and loss of impartiality concerns with the employer as you carry our your EPA duties. | Does not apply to you because you are not returning to EPA work status | Only if consistent with misuse of position and other ethics rules (e.g., not on EPA time or with EPA resources). You will also have financial conflict and loss of impartiality concerns with the employer as you carry our your EPA duties. |
| What are the obligations of confidential financial disclosure (e450) filers? (as designated by their deputy ethics official) | Does not apply to you | If you already filed in 2025, no further action required. If not yet filed, then consult with your deputy ethics official when you return to EPA work status. | Not required to file | If you already filed in 2025, no further action required. If not yet filed, then consult with your deputy ethics official when you return to EPA work status. |
| Do the Ethics FAQs about Administrative Leave apply to your situation? | No | Yes | Yes | Yes |
For a full explanation of how the ethics rules apply to you, see Ethics Rules for EPA Employees who are on Administrative Leave
Visit Ethics Frequently Asked Questions About Administrative Leave to find the most common ethics questions asked about being on administrative leave. If you still have questions, email ethics@epa.gov.
This next section is for Public Financial Disclosure Filers Only
| Ethics topics | Former employee (separated from EPA) | Employee on Administrative Leave (separation date from EPA unknown) | Employee on Deferred Resignation (separation date from EPA is known) | Probationary employee terminated but now returned to EPA and placed in admin leave status |
|---|---|---|---|---|
| What are the filing obligations of public financial disclosure (OGE 278) filers? (applies only to career SES, ALJ, SL/ST, some Title 42) | Annual 278 is due 5/15. Termination report is due within 15 days of terminating if after 8/13. EPA Ethics may be able to assign you a combined annual/termination report. | Annual report is due May 15th | Annual report is due 5/15. Termination report is due within 15 days of terminating if after 8/13. EPA Ethics may be able to assign you a combined annual/termination report. | Annual report is due May 15th |
| Do you have to file periodic transaction reports within 30 days of notification of a trade or 45 days of the trade itself? | Does not apply to you | Yes | EPA Ethics is not requiring you to file periodic reports because we know that you will be departing EPA on a specific date. | Yes |
| Do you have to file a notification form within 3 business days of entering into negotiations with a non-federal employer? | Does not apply to you | Yes | Yes | Yes |
For a full explanation of how the ethics rules apply to you as a Public Financial Disclosure Filer, see Administrative Leave: Ethics Rules for Public Financial Disclosure Filers