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Indefinite Suspension for Federal Employees – What It Means, When It Happens, and Your Rights

By John V. Berry, Esq., Berry & Berry, PLLC

Quick Definition:
An indefinite suspension places a federal employee in a non-duty, non-pay status without a set end date, typically pending an investigation, medical determination, or security clearance action.

Indefinite suspensions are a unique and serious issue in federal employment law, particularly for positions requiring a security clearance. As a nationwide federal employment attorney, We regularly advise federal employees across the United States who have been proposed for an indefinite suspension due to clearance, criminal or medical-related issues.

These types of cases can place employees in professional and financial limbo for extended periods, often with limited due-process protections and unclear timelines for resolution. Legal counsel is important.

What Is an Indefinite Suspension in Federal Employment?

An indefinite suspension is considered a non-disciplinary adverse action used by federal agencies when an employee is deemed unable to perform the essential functions of their position.

Federal agencies may impose an indefinite suspension for one of three reasons and the suspension remains in place until the issue is resolved, with no defined end date.

From a federal employment attorney’s perspective, these actions are among the most disruptive and legally complex employment measures agencies can take.

When Agencies Use Indefinite Suspensions

Federal agencies generally use indefinite suspension in three major scenarios:

1. Criminal Investigations or Charges

If an agency has reasonable cause to believe an employee committed a crime that could lead to imprisonment, it may place the employee on indefinite suspension while the criminal matter is pending.

2. Medical or Fitness-for-Duty Concerns

An agency may suspend an employee if continued presence in the workplace could pose a danger due to medical issues — pending a fitness-for-duty determination.

3. Security Clearance Suspensions

If an employee’s access to classified information — essential to their job — is suspended or revoked, the agency may impose an indefinite suspension pending the clearance decision.

These situations must be supported by legitimate agency reasons and tied to the efficiency of the service, a legal standard in federal adverse actions.

Why Indefinite Suspensions Are Common in Federal Employment

Unlike private-sector employment, many federal positions require ongoing eligibility for access to classified or sensitive information. As a result, federal employees are uniquely vulnerable to indefinite suspensions tied to:

• Pending security clearance investigations

• Clearance suspensions or proposed revocations

• Adjudication delays

• Allegations that remain unresolved

Even when allegations are disputed or unproven, agencies often proceed with suspension based solely on clearance uncertainty.

Types of Indefinite Suspensions

Federal employees may be placed on:

✔ Indefinite Suspension With Pay

Often used when the agency temporarily removes an employee from duty but continues pay status, usually via a short memorandum.

✔ Indefinite Suspension Without Pay

More serious — requires formal notice and due process. It removes the employee from both duty and pay status until the triggering conditions are resolved.

Most concerns arise when the suspension is without pay, due to the financial impact on a federal employee.

How Indefinite Suspensions Differ From Other Federal Adverse Actions

Indefinite suspensions differ significantly from removals or fixed-term suspensions:

• No predetermined end date

• Often framed as non-disciplinary

• Frequently involve national security authority

• May limit MSPB appeal rights

Because clearance, criminal and medical issues frequently take months or years, indefinite suspensions can quietly become long-term employment separations.

Due Process and Legal Rights Under Federal Employment Law

Indefinite suspensions raise serious due-process concerns. While federal employees are entitled to procedural protections under civil service laws, agencies often argue that those protections are reduced when national security or clearance authority is invoked.

As nationwide federal employment attorneys, we routinely see agencies assert broad discretion even when:

• The underlying allegations are contested

• No final clearance decisions or criminal charges have been issued

• Employees are denied access to critical evidence

This makes early legal strategy essential.

Appealing an Indefinite Suspension

Federal employees may appeal an indefinite suspension to the Merit Systems Protection Board (MSPB). When doing so, they should understand:

• The agency must demonstrate that it had reasonable cause for the suspension.

• The suspension must promote the efficiency of the service and have an ascertainable condition that will end it.

If procedural due process was denied — for example, insufficient notice or an unclear basis — the MSPB may reverse or remand the action.

Additional guidance is available through the MSPB appeals process for federal employees.

The Real-World Impact on Federal Employees

Federal employees placed on indefinite suspension often experience:

• Extended loss of income

• Career stagnation or derailment

• Clearance damage affecting future employment

• Significant emotional and financial stress

Many employees assume the suspension will be short. In reality, clearance delays are common, and prolonged suspensions are the norm.

Why Federal Employees Nationwide Seek Legal Counsel Early

Federal employment law—and especially security clearance law—is highly specialized. Employees facing indefinite suspension benefit from early legal representation to:

• Protect procedural rights

• Shape the agency record

• Respond strategically to proposed actions

• Minimize long-term clearance damage

Waiting to seek counsel can significantly limit available options.

Frequently Asked Questions About Indefinite Suspensions

Is an indefinite suspension disciplinary?

No. Agencies typically characterize indefinite suspensions as non-disciplinary. However, the impact can be as severe as a removal.

Can an indefinite suspension last indefinitely?

Yes. There is no fixed time limit, and suspensions may last as long as the issue (clearance, criminal, medical) remains unresolved.

Can a federal employee be placed on indefinite suspension without pay?

Yes. An agency may impose an indefinite suspension without pay, but only after providing required due process, including advance notice, the opportunity to review evidence, and a chance to respond. These suspensions are considered adverse actions under federal regulations.

Will an indefinite suspension affect future federal employment?

It can. How the matter is handled may affect future clearance eligibility and federal job opportunities.

Protecting Your Federal Career

Indefinite suspensions sit at the heart of federal employment law. Federal employees across the country should not assume these matters will resolve quickly or without lasting consequences. For a more technical overview, see our resource page on indefinite suspension for federal employees.

Summary

Indefinite suspension for federal employees is a powerful administrative tool used in serious employment situations. They:

• Occur without a fixed end date and typically involve major adverse scenarios

• Must meet due process requirements under federal regulations

• Can be appealed through the MSPB with proper legal strategy

If you or a colleague are facing an indefinite suspension, it’s important to act quickly to protect your rights and career.

📞 Call (703) 668-0070 for a confidential consultation or click here.