Ethics Frequently Asked Questions About Administrative Leave
The following FAQ are organized by topic. Click on the link to the respective topic to skip to the answers to the questions.
Contents
Donations & Fundraising
- May I accept donations from friends and family to support me financially while I am on administrative leave? Answer
- May I or another person on my behalf set up a fundraiser to support me financially while I am on administrative leave?
- May I or another person on my behalf set up a fundraiser to start my own business while I am on administrative leave?
Gifts
- Do the federal gift rules still apply to me if I accept deferred resignation and am placed on administrative leave?
Outside Employment & Activities
- Am I allowed to have outside employment while in deferred resignation / administrative leave status?
- Can I volunteer my time with outside organizations?
- I am not an attorney with state bar obligations, so what restrictions do I face with my outside employment and volunteer activities?
- I was invited to participate in a meeting or conference in my official EPA capacity. May I now do that in my personal capacity?
- May I work as an outside activity for an entity that receives grant money from an EPA?
- May I work for a government contractor?
- May I continue to work and fulfill my EPA duties while on administrative leave, such as attending scientific conferences, meeting with state agency scientists, etc.?
- I am an attorney so what special restrictions do I have?
- May I file Freedom of Information Act (FOIA) requests?
- May I make presentations about EPA related activities, such as environmental topics, grants, or contracts, to the general public?
- May I advise members of the public on where to find publicly available information about EPA, such as EPA rules, grants, programs, contracts, or policies?
- May I accept employment with another federal agency to be, for example, a seasonal employee at a national park?
- May I help members of the public interpret publicly available information?
Personal Speech and Activities
- May I share my personal opinions in personal social media or to a news organization?
- May I include my EPA position or title in my personal LinkedIn account or other professional networking platform?
- May I write a letter of recommendation for an employee who has been terminated? May I post that letter on their LinkedIn account or other professional networking platform?
Political Activity
- Does the Hatch Act still apply to me when I am on administrative leave?
- Am I allowed to engage in political activity while on administrative leave?
Financial Disclosure (confidential e450s)
- I haven’t filed my confidential financial disclosure form. Do I still need to file it? I won’t have access to my EPA resources while I am on administrative leave
Financial Disclosure (public 278s)
- I haven’t filed my public financial disclosure form. What are my filing obligations? I won’t have access to my EPA resources while I am on administrative leave
Ethics Training
- I haven’t taken my required initial ethics training. Do I still have to?
- Will I have to take annual ethics training before I leave EPA?
Donations & Fundraising
- May I accept donations from friends and family to support me financially while I am on administrative leave?
- Yes, you may accept gifts, such as monetary donations, that are based on personal relationships, as long as the circumstances make clear that the relationship is the motivating factor, rather than your federal position. 5 CF.R. § 2635.204(b).
- May I or another person on my behalf set up a fundraiser to support me financially while I am on administrative leave?
- It depends. You, or someone on your behalf, may not solicit a gift, including crowdfunding, based on your federal employment status. 5 C.F.R. § 2635.202. Any solicitations cannot include your EPA affiliation, title, or status as a federal employee. You may never receive gifts from prohibited sources or subordinates. You would need to return any donations that came from subordinates or prohibited sources. As a reminder, a prohibited source is any person who 1) is seeking action from EPA, 2) does or seeks to do business with EPA, 3) conducts activities regulated by EPA, 4) has interests that can be affected by the performance or non-performance of your official duties, or 5) is an organization the majority of whose members are in any of those classes. 5 C.F.R. § 2635.203(d).
- May I or another person on my behalf set up a fundraiser to start my own business while I am on administrative leave?
- It depends. See the answer to Q2 above.
Gifts
- Do the federal gift rules still apply to me while I am placed on administrative leave?
- Yes. All the gift rules at 5 C.F.R. § 2635 Subparts B (Gifts from Outside Sources) and C (Gifts Between Employees) still apply to you during this period, as do the exceptions and exclusions. You still cannot receive a gift of more than $10 from a subordinate or a federal employee who makes less money than you, and you still can’t give a gift of more than $10 to a superior or a federal employee who makes more money than you. And you are still subject to the “gifts from outside sources” and cannot accept gifts of more than $20 given to you because of your official position (even though you are in administrative leave status) or from a prohibited source of the Agency’s.
Outside Employment & Activities
- Am I allowed to have outside employment while in administrative leave status?
- Yes, you may have a non-federal job in your personal capacity, but you must still abide by the federal ethics laws and regulations and also with the EPA supplemental regulations at 5 C.F.R. while you are on administrative leave. Depending on what you want to do, you may need to get written approval from an EPA ethics official before you undertake that employment. Types of employment that require prior approval include consulting, holding state or local office, working with recipients of EPA assistance agreements, practicing a profession, or doing something that relates to your current EPA duties or the duties you were assigned in the past year. See EPA’s Supplemental Ethics Regulations, 5 C.F.R. § 6401.103.
- Can I volunteer my time with outside organizations?
- Yes, but you cannot represent any outside organization back to the United States on any matter in which the US is a party or represents a party. at 18 U.S.C. § 205. See Q4 below.
- I am not an attorney with state bar obligations, so what restrictions do I face with my outside employment and volunteer activities?
- Even in your personal capacity, while you are in administrative leave status, you are still subject to the criminal representational conflict of interest statutes at 18 U.S.C. § 203 and § 205 — that prohibit Last Update: February 3, 2025 representation of any other person before the Federal Government. Together, these two laws generally prevent you from acting as agent or attorney, either compensated or uncompensated, for any other person or organization in a covered matter in which the United States is a party or has a direct and substantial interest. So, if your duties will involve you contacting the United States government on behalf of another, you should think twice about accepting such a job. 18 U.S.C. § 203 and § 205 are limited to representing and generally do not prohibit behind the scenes work absent some other controlling policy or obligation, such as bar obligations.
If you are working for an entity that provides representational services in particular matters where the United States is a party or has a direct and substantial interest, 18 U.S.C. § 203 prevents you from receiving compensation for services the entity performed during your government employment. It also prevents the entity from paying you for these services. In other words, you need to arrange to be paid from moneys received by the entity that do not stem from its representational activities before the United States or in matters where the United States has an interest.
In addition, you cannot fundraise on behalf of an organization if you will be soliciting funds from your subordinates or from prohibited sources to the Agency. 5 C.F.R. § 2635.808(c). You also cannot misuse your federal position by using or allowing the use your EPA title, authority, or resources in furtherance of your outside activity. 5 C.F.R. Part 2635, Subpart G. Because you are working or volunteering in your personal and non-EPA capacity, you do not speak or act on behalf of the EPA. You should use a disclaimer when speaking (e.g., “these are my thoughts, not EPA’s”) to avoid confusion. Additionally, any biography that you use should include at least two other biographical details about yourself and give no undue prominence to your EPA position.
Remember that you cannot share non-public information. 5 C.F.R. 2635.703. Non-public information is information that you have gained by reason of Federal employment and that you know or reasonably should know has not been made available to the general public. It includes information that you know or reasonably should know: (1) is routinely exempt from disclosure under 5 U.S.C. § 552 or otherwise protected from disclosure by statute, Executive order, or regulation; (2) is designated as confidential by an agency; or (3) has not actually been disseminated to the general public and is not authorized to be made available to the public on request.
- Even in your personal capacity, while you are in administrative leave status, you are still subject to the criminal representational conflict of interest statutes at 18 U.S.C. § 203 and § 205 — that prohibit Last Update: February 3, 2025 representation of any other person before the Federal Government. Together, these two laws generally prevent you from acting as agent or attorney, either compensated or uncompensated, for any other person or organization in a covered matter in which the United States is a party or has a direct and substantial interest. So, if your duties will involve you contacting the United States government on behalf of another, you should think twice about accepting such a job. 18 U.S.C. § 203 and § 205 are limited to representing and generally do not prohibit behind the scenes work absent some other controlling policy or obligation, such as bar obligations.
- I was invited to participate in a meeting or conference in my official EPA capacity. May I now do that in my personal capacity?
- No, you cannot convert an invitation extended to you in your official capacity into something that you do in your personal capacity instead. The invitation was issued to a representative of the US EPA, not to you in your personal capacity. Moreover, since the subject matter of the activity directly relates to your official EPA duties, you would need to seek prior approval of the outside activity pursuant to 5 C.F.R. 6401.103.
- During the deferred resignation period, may I work as an outside activity for an entity that receives grant money from an EPA?
- If the work is directly related to the grant, then you will need to seek prior approval of the outside activity in advance (because the activity relates to an ongoing agency program, policy or operation). In Last Update: February 3, 2025 addition, deputy ethics officials must consider EPA Ethics Advisory 2005-01 that argues against approving employees to work with any EPA grantee or subgrantee when the employment involves work related to the grant. If you do work for the outside entity, whether compensated or not, you will still have to abide by the federal ethics rules, including restrictions under the criminal representational conflict of interest statutes (18 U.S.C. § 203 and § 205) and the prohibition against sharing non-public information (5 C.F.R. § 2635.703). If you worked on the grant as part of your official duties – and you are not a lawyer to bar restrictions – be sure to contact the Grants Competition Advocate (GrantsCompetition@epa.gov) about whether your concurrent employment creates any unique conflicts under EPA’s Competition Policy. And if you are a lawyer, then you are reminded to consider your own bar obligations.
- May I work for a government contractor?
- It depends on what you expect to do, what you did for EPA and whether you are a lawyer with bar obligations. No matter what, you will be subject to the restrictions under the criminal representational conflict of interest statutes (18 U.S.C. § 203 and § 205) and the prohibition against sharing non-public information (5 C.F.R. § 2635.703). We suggest that you consult with an ethics official on your specific set of facts.
- While on administrative leave may I continue to work and fulfill my EPA duties, such as attending scientific conferences, meeting with state agency scientists, etc.?
- No
- I am an attorney so what special restrictions do I have?
- If you are an attorney working for EPA or admitted to practice even if you don’t work for EPA as a lawyer, then be mindful of your bar obligations. Using the American Bar Association model rules, we remind all current and former government officials who are lawyers that you must abide by Rule 1.11 and cannot “switch sides” in the same or substantially related particular matter. You must also abide by Rules 1.6 and 1.7 while you remain employed by EPA, and by Rule 1.9 after you separate from EPA.
You cannot reveal attorney-client privileged information, nor take adverse positions to the federal government (your current client). Some 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, as well as reviewing and revising draft complaints, briefs, and other similar legal documents.
Additionally, attorneys have mandatory reporting obligations under Rule 8.3 if they become aware of another attorney engaging in conduct that raises a substantial question as to that attorney’s honesty, trustworthiness or fitness as an attorney in other respects.
You are advised to seek advice from your state bar counsel about your professional responsibility obligations.
- If you are an attorney working for EPA or admitted to practice even if you don’t work for EPA as a lawyer, then be mindful of your bar obligations. Using the American Bar Association model rules, we remind all current and former government officials who are lawyers that you must abide by Rule 1.11 and cannot “switch sides” in the same or substantially related particular matter. You must also abide by Rules 1.6 and 1.7 while you remain employed by EPA, and by Rule 1.9 after you separate from EPA.
- May I file Freedom of Information Act (FOIA) requests?
- Yes, in your personal capacity (e.g., as a private citizen on behalf of yourself only), you may file a FOIA request for any information available under FOIA. You may not file a FOIA request on behalf of another, because you may violate 18 U.S.C. § 203 (if compensated) or 18 U.S.C. § 205 (even if uncompensated).
- May I make presentations about EPA related activities, such as environmental topics, grants, or contracts, to the general public?
- In your personal capacity only, not as an EPA representative, you may be permitted to share your personal views but you cannot share non-public information, represent back to any United States official, or use EPA imprimatur, including the EPA logo or seal. Please consult with an ethics official first.
- May I advise members of the public on where to find publicly available information about EPA, such as EPA rules, grants, programs, contracts, or policies?
- Yes, you may direct the general public to information available on EPA’s public facing websites. That information is not considered non-public.
- While I am in administrative leave status, may I accept employment with another federal agency to be, for example, a seasonal employee at a national park?
- Probably not. If you were working full-time at EPA but are now in deferred resignation or administrative leave status, then you are receiving a salary from EPA. Pursuant to the Dual Compensation law at 5 U.S.C. § 5533, you cannot receive pay for more than 40 hours in one calendar week from any federal agency. There are exceptions, but they don’t apply to seasonal work. See The Department of Commerce’s helpful site.
- May I help members of the public interpret publicly available information?
- Typically, yes, but please consult with an ethics official on your specific facts to be sure we understand any nuances of what you want to do.
Personal Speech and Activities
- May I share my personal opinions in personal social media or to a news organization?
- Typically, yes, so long as you clearly speaking in your personal capacity on your own time. Being in administrative leave status does not curtail your rights under the First Amendment, though you are still subject to the prohibitions in the Hatch Act, misuse of position and the representational conflict of interest statutes.
- May I include my EPA position or title in my personal LinkedIn account or other professional networking platform?
- In general, yes. Including your EPA affiliation, title, or position in the background section of your user profile is permissible, but if you choose to identify yourself by your government affiliation, then you must ensure that content posted to your account is clearly identified as your own views or opinions. You should include a disclaimer such as “the views and opinions provided herein are my own and do not necessarily represent the views of the US EPA or of the United States.” Include disclaimers where your profile will be prominently displayed to other users. For example, on LinkedIn, add a disclaimer to your Headline and the About section. See OGE LA-23-13, Ethics Guidance on Use of Professional Networking Platforms and Monetizing Social Media Activity (09/28/2023) and EPA’s policy on ethics and social media, specifically “social identity for employees.”
- May I write a letter of recommendation for an employee who has been terminated? May I post that letter on their LinkedIn account or other professional networking platform?
- Yes, you may write a letter of recommendation for the employee. Because you knew them through your EPA work, you may use EPA letterhead and sign with your EPA signature block. If you post to their LinkedIn account, then be clear that you are expressing your own views or opinions. Include a disclaimer such as “the views and opinions provided herein are my own and do not necessarily represent the views of the US EPA or of the United States.” See OGE LA-23-13, Ethics Guidance on Use of Professional Networking Platforms and Monetizing Social Media Activity (09/28/2023) and OGE LA-15-03, The Standards of Conduct as Applied to Personal Social Media Use (04/09/2015).
Political Activity
- Does the Hatch Act still apply to me when I am on administrative leave?
- Yes
- If I am on administrative leave, am I allowed to engage in political activity?
- Even when 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, the following prohibitions apply to you, all the time. These are 24/7 restrictions. You can never ever:
- 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 authority to interfere with the outcome of an election
- Solicit or discourage political activity of anyone with business before EPA
- Please note the significant change to Hatch Act enforcement announced by the Office of Special Counsel in May 2024. The prohibition against displaying political items in the federal workplace is not limited to current candidates for partisan political office but extends to “current or contemporaneous political figures,” who are any individuals who received a political party’s nomination for President or Vice President in the 2024 presidential election.
- The prohibition thus extends to candidates Donald J. Trump, JD Vance, Kamala Harris and Tim Walz, among others. Employees who are further restricted under the Hatch Act, such as career SES and ALJs, may never engage in partisan campaign management or activity until after they separate from EPA.
- Even when 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, the following prohibitions apply to you, all the time. These are 24/7 restrictions. You can never ever:
Financial Disclosure (confidential e450s)
- I haven’t filed my confidential financial disclosure form. Do I still need to file it? I won’t have access to my EPA resources while I am on administrative leave.
- Confidential financial disclosure filers who are in administrative leave status as a result of accepting deferred resignation do not have to file an annual report. Employees on administrative leave who return to EPA should contact their Deputy Ethics Official to determine their filing status.
Financial Disclosure (public 278s)
- I haven’t filed my public financial disclosure form. What are my filing obligations? I won’t have access to my EPA resources while I am on administrative leave.
- Unlike confidential filers, public filers have continuing financial disclosure obligations:
- While you are in administrative leave status, you still must file annual report no later than May 15, 2025. This annual report will cover CY 2024. Because you will not have access to your EPA email, you must provide EPA Ethics with a personal email address so that we can set up a new account for you and ask to have your INTEGRITY account merged. Send your personal email address to ethics@epa.gov.
- When you know your separation date, please notify EPA Ethics so that we can assign you a termination report to cover CY 2025 up to your separation date. This report will be due no later than 30 days after you separate.
- If possible, EPA Ethics will consider assigning you a combined annual/termination report so you don’t have to file two reports, but whether we can do so will depend on your separation/retirement date. Contact us at ethics@epa.gov so we can figure out whether you have to file one or two reports. Remember, we need your personal email address.
- EPA Ethics has determined that public filers who have accepted deferred resignation are NOT required to file periodic transaction reports (278T). However, public filers who are on administrative leave that is not a result of accepting deferred resignation are required to file 278Ts.
- Unlike confidential filers, public filers have continuing financial disclosure obligations:
Ethics Training
- I haven’t taken my required initial ethics training. Do I still have to?
- If you are departing EPA within 3 months of your entry on board, then you do not have to take initial ethics training. If you are returning to EPA, you will be required to take initial ethics training within 90 days of returning to a work status at EPA.
- Will I have to take annual ethics training before I leave EPA?
- If you separate from EPA prior to 12/31/25, then you will not be required to take annual ethics training.
Still Have Questions? Send an email to ethics@epa.gov.