Leave without pay in the federal government is an approved absence during which you stay on your agency’s rolls but earn no salary. Some LWOP is a legal right your agency must grant; most of it is discretionary, and a supervisor can say no for any legitimate operational reason. Either way, extended time in nonpay status quietly erodes pay raises, leave accrual, retirement credit, and eventually health coverage, so the length of the absence matters as much as the reason for it.
When Your Agency Must Approve LWOP
Three federal laws take the decision out of the supervisor’s hands once you meet the conditions.
FMLA Leave
The Family and Medical Leave Act entitles eligible federal employees to up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the birth or placement of a child, care for a spouse, child, or parent with a serious health condition, or the employee’s own serious health condition.1U.S. Department of Labor. FMLA Frequently Asked Questions Federal agencies are covered employers regardless of workforce size.2U.S. Department of Labor. Fact Sheet 28H: 12-Month Period Under the Family and Medical Leave Act A separate provision extends the ceiling to 26 workweeks in a 12-month period for an employee who is the spouse, child, parent, or next of kin of a covered servicemember with a serious injury or illness.3U.S. Department of Labor. Fact Sheet 28M(b): Military Caregiver Leave for a Veteran Under the FMLA
Disabled Veterans Seeking Medical Treatment
Executive Order 5396 requires agencies to grant LWOP to disabled veterans who need medical treatment for a service-related disability. You must present an official statement from a medical authority confirming that treatment is required. Once you do, the supervisor cannot deny the leave, and the absence cannot count against your performance rating.4The American Presidency Project. Executive Order 5396 – Special Leaves of Absence to Be Given Disabled Veterans in Need of Medical Treatment This entitlement is independent of the FMLA, so using it doesn’t burn through your FMLA weeks.5U.S. Office of Personnel Management. Disabled Veteran Leave
Military Service Under USERRA
The Uniformed Services Employment and Reemployment Rights Act requires federal agencies to grant leave for military service and restore you to your civilian position afterward. Reemployment rights apply as long as your cumulative military absences from the position do not exceed five years, with several categories exempt from that cap, including involuntary activations during a national emergency and required annual training for Reservists and National Guard members.6U.S. Department of Labor. A Guide to the Uniformed Services Employment and Reemployment Rights Act Notice can be written or oral, and USERRA does not require you to hand over military orders, though providing them avoids misunderstandings.7Employer Support of the Guard and Reserve. USERRA – Frequently Asked Questions
When LWOP Is Up to Your Supervisor
Outside those mandates, approval depends on your supervisor and internal agency policy. Supervisors weigh whether the absence benefits the agency, how it affects workload, and whether coverage can be arranged. A discretionary request can be denied for any legitimate operational reason.8U.S. Office of Personnel Management. Fact Sheet: Leave Without Pay
Agencies commonly approve discretionary LWOP for education aligned with the agency’s mission, for an employee waiting on OPM’s decision on a disability retirement application, or for personal circumstances that fall outside the FMLA. Discretionary LWOP does not carry the guaranteed right of return that FMLA or USERRA provides, so get the terms of the absence, including expected return date and position, documented in writing before you leave.
When the Agency Imposes LWOP on You
An administrative furlough is a planned nonpay action an agency takes to absorb budget cuts, reduced funding, or lack of work. It is an adverse action, so the agency must follow due-process procedures and provide advance notice. You cannot request to be furloughed; the agency imposes it.9U.S. Office of Personnel Management. Guidance for Administrative Furloughs Voluntary LWOP does not carry those adverse-action protections because you initiated it.
A shutdown furlough occurs when Congress fails to pass appropriations. During a shutdown, all paid time off is canceled, and excepted employees who must keep working cannot be placed in LWOP or take paid leave of any kind.10Director of National Intelligence. Guidance for Shutdown Furloughs Whether furloughed employees eventually receive back pay is up to Congress, not the agency.
What LWOP Does to Pay and Leave
Within-Grade Increases
LWOP can delay a scheduled within-grade increase. For General Schedule employees, only a limited amount of nonpay status counts toward the waiting period: no more than 2 workweeks at steps 2, 3, and 4; no more than 4 workweeks at steps 5, 6, and 7; and no more than 6 workweeks at steps 8, 9, and 10. Nonpay time beyond those thresholds extends the waiting period day for day.11eCFR. 5 CFR 531.406 Three months of LWOP while waiting on a step 2 increase pushes the raise back substantially.
Annual and Sick Leave
You stop earning annual and sick leave during any pay period in which you accumulate 80 hours of LWOP. Accrual resumes the next pay period as long as you don’t hit 80 hours again. For your accrual rate category (4, 6, or 8 hours per pay period), up to 6 months of nonpay status per calendar year counts as creditable service. Anything beyond 6 months pushes your service computation date forward and can delay the jump to a higher accrual rate.12U.S. Office of Personnel Management. Effect of Extended Leave Without Pay (LWOP) or Other Nonpay Status on Federal Benefits and Programs
Holiday Pay
To be paid for a federal holiday, you must be in a pay status or on paid leave for at least one hour on the workday immediately before or after the holiday. If you’re on LWOP on both surrounding workdays, you don’t get holiday pay, and agencies cannot briefly return you to pay status to trigger it.
What Happens to Your Insurance
Health Coverage
FEHB enrollment continues for up to 365 days in nonpay status, and the government contribution toward premiums continues too.12U.S. Office of Personnel Management. Effect of Extended Leave Without Pay (LWOP) or Other Nonpay Status on Federal Benefits and Programs You still owe the employee share. You can pay the agency directly on a current basis, or let the premiums accumulate as a debt that comes out of your pay when you return.13Federal Register. Federal Employees Health Benefits: Payment of Premiums for Periods of Leave Without Pay
If LWOP runs beyond 365 continuous days, enrollment terminates at the end of that pay period, with a 31-day extension of coverage. You may then qualify for temporary continuation of coverage or conversion to an individual policy, both at a much higher cost. When LWOP is protected by the FMLA, the 365-day clock doesn’t begin until the FMLA leave ends.14U.S. Office of Personnel Management. Termination, Conversion and Temporary Continuation of Coverage
Life Insurance
FEGLI coverage continues at no cost for up to 12 consecutive months in nonpay status. Neither you nor the agency owes premiums during that period.15U.S. Office of Personnel Management. FEGLI During Nonpay Status The clock starts the first time you’re in nonpay status for an entire pay period. Beyond 12 months, coverage ends unless you return to duty or move to another qualifying status.
Dental, Vision, Long Term Care, and FSAs
FEDVIP dental and vision coverage continues during LWOP, but you must keep paying premiums. If no premium is received for two consecutive pay periods, BENEFEDS switches you to direct billing, and coverage lapses if you fall behind.12U.S. Office of Personnel Management. Effect of Extended Leave Without Pay (LWOP) or Other Nonpay Status on Federal Benefits and Programs The Federal Long Term Care Insurance Program works the same way, with direct billing starting after three missed payroll deductions.16BENEFEDS. Frequently Asked Questions
Agencies stop withholding FSA allotments during LWOP. You can prepay allotments before the leave begins so the account stays active and claims keep flowing, or freeze the account and resume when you return. A frozen Healthcare FSA cannot reimburse expenses incurred during the LWOP period. When you come back, remaining allotments are recalculated across the rest of the year.17FSAFEDS. Leave Without Pay Quick Reference Guide
Retirement and TSP
Up to 6 months of nonpay status per calendar year counts as creditable service for retirement, and deductions adjust proportionally for pay periods you only partly work.12U.S. Office of Personnel Management. Effect of Extended Leave Without Pay (LWOP) or Other Nonpay Status on Federal Benefits and Programs Nonpay time beyond six months in a calendar year does not count, and under FERS you cannot make a deposit to buy back LWOP time.18U.S. Office of Personnel Management. Service Credit Extended LWOP can permanently reduce your annuity and push back your retirement eligibility date.
TSP contributions, both employee and agency, stop during any pay period where you receive zero basic pay, and the agency 1% automatic contribution stops too. You generally cannot make up missed contributions later. The exception is USERRA: employees who took LWOP to perform military service can make up both employee and agency contributions for the period of uniformed service after returning to their civilian position.19Thrift Savings Plan. Effect of Nonpay Status on Thrift Savings Plan Participation
If you have an outstanding TSP loan, payroll deductions stop during LWOP. The IRS allows loan payments to be suspended for up to one year in an approved nonpay status, but interest continues to accrue. Civilians in LWOP for military service can suspend payments for the entire duration of that service. You can also keep payments current by sending personal checks or money orders to the TSP. When you return, the loan is reamortized, and if the remaining time can’t cover the balance within the original term, your payment amount goes up.20U.S. Office of Personnel Management (via DOI.gov). Effect of Nonpay Status on TSP Participation
A Warning for Probationary Employees
New federal employees on probation get only 22 workdays of nonpay status counted toward completing the probationary period. Any LWOP beyond 22 workdays extends probation by the excess amount.12U.S. Office of Personnel Management. Effect of Extended Leave Without Pay (LWOP) or Other Nonpay Status on Federal Benefits and Programs Probationary employees have far fewer appeal rights if the agency decides to terminate them, so a longer probation means a longer window of vulnerability.
How to Request LWOP and Return From It
The formal request goes on Standard Form 52 (Request for Personnel Action), which notifies the agency of the planned absence and identifies the specific personnel action code.21Federal Highway Administration. FHWA Personnel Management Manual – Chapter 1: Personnel Actions and Records Include proposed start and end dates, a written justification, and any required supporting documents. For FMLA-related leave, that means medical certification. For USERRA leave, attaching orders is not legally required but is standard practice.
Medical documentation is protected under the Privacy Act. Agencies must store medical records separately from the Official Personnel Folder, and supervisors should receive only what they need to understand work restrictions or accommodations, not the full file.22U.S. Office of Personnel Management. Employee and Labor Relations Network Roundtable: Medical Documentation
Once approved, HR generates a Standard Form 50 (Notification of Personnel Action) confirming the change from pay status to LWOP.23U.S. Office of Personnel Management. Guide to Processing Personnel Actions Keep a copy. It is your proof of the approved absence and will matter if any dispute arises about benefits or return rights.
Coming back triggers a second personnel action. Submit another SF-52 to move back into pay status on a specific date so payroll restarts correctly and your personnel record reflects the transition. Accumulated FEHB premium debts will start coming out of your paychecks automatically. If you have an outstanding TSP loan, you or your agency must notify the TSP so the loan can be reamortized. Skipping these steps causes pay errors and benefit gaps that are much harder to fix after the fact.