Federal employees unexpectedly placed in a suspended state of employment
In a series of events unfolding since 2021, Public Employees for Environmental Responsibility (PEER) has taken on the Trump administration over concerns regarding the administration's use of administrative leave and employment policies affecting federal career civil servants.
At the heart of the dispute is Executive Order 14171 and a related OPM memorandum, which created a new employment category called "Schedule F." This category aimed to remove due process protections from thousands of career federal employees in policy-influencing positions, making them at-will employees without traditional civil service protections. PEER argues that this move is unlawful under the Civil Service Reform Act, the Administrative Procedure Act, and the Fifth Amendment, seeking declaratory and injunctive relief to block the order and OPM memo.
As of mid-2025, the lawsuit remains ongoing in the U.S. District Court for the District of Maryland, with no final resolution reported yet. The focus appears to be on the broader legality of the Schedule F classification and the stripping of civil service protections, which indirectly affects how career federal employees can be placed on administrative leave or removed.
PEER has been vocal about the misuse of administrative leave, particularly in relation to the Trump administration's alleged illegal use of administrative leave on tens of thousands of probationary employees, "DEI" people, and those proposed for a reduction in force (RIF). PEER has filed a claim with the Office of Special Counsel, alleging that administrative leave status was imposed illegally.
The Administrative Leave Act of 2016 was passed to rein in the uncontrolled use of administrative leave by agencies. The Act limits administrative leave to typically no more than one day at a time and for no more than 10 workdays within one calendar year. The Office of Personnel Management oversees the interpretation of the Administrative Leave Act.
However, the legal argument made by PEER against the Trump administration primarily concerns the unlawful restructuring of civil servant protections under EO 14171 rather than a stand-alone claim that the administrative leave procedures violate the Administrative Leave Act of 2016.
The ongoing RIF litigation is also of significance to those federal employees who are involuntarily on paid administrative leave and face potential RIF. The Supreme Court is currently considering a case regarding the RIF litigation, which could impact these employees.
The administrative leave issue has a personal impact for those on leave, with many experiencing financial stress, professional stagnation, and an inability to apply for other openings within their agency. Over 100,000 federal employees are currently on paid administrative leave, including those who took the deferred resignation program and the "fork in the road" programs. The cost to taxpayers for paying salaries to employees on administrative leave is over a billion dollars.
PEER argues that the regulation is an improper loophole and should be struck down to the extent that it allows unlimited use of administrative leave. PEER has been the leading organization in making legal arguments about the misuse of administrative leave. Other organizations have not submitted similar requests to the Office of Special Counsel, but legal scholars and law professors have written about the same issues, such as Professor Nick Bednar from the University of Minnesota Law School.
As the legal battle unfolds, federal employees on administrative leave await a resolution that could bring clarity and justice to their uncertain circumstances. The outcome could set a precedent for future administrations and ensure the fair treatment of federal career civil servants.
In the context of the ongoing legal dispute regarding the restructuring of the federal workforce, PEER advocates for a reimagined workforce that prioritizes workplace-wellness and health-and-science, arguing against the unlawful removal of due process protections from various career federal employees. The misuse of administrative leave, which has affected thousands of federal employees, is also a concern for PEER, with the organization pushing for stricter adherence to the Administrative Leave Act of 2016.
