8/20/26 - NTEU Goes to Court to Protect Advanced Leave for IRS Employees

Posted On: Aug 24, 2026

NTEU Goes to Court to Protect Advanced Leave for IRS Employees

Today NTEU filed a federal lawsuit against the IRS challenging its sudden and unjustifiable suspension of the advanced leave program. Our complaint explains that the IRS violated the law when management announced it would deny all pending advanced leave requests and would not consider future requests at all, regardless of the merits of a particular request. We are asking the judge to order the IRS to undo this policy change.

Our lawsuit also challenges IRS “CEO” Frank Bisignano’s authority to issue this new policy or take any other action at the agency. The “CEO” position—a job in which Mr. Bisignano illegally acts as the IRS Commissioner in every way except for his official title—is a fake position. It was created to avoid the Constitution’s process for nominating and confirming agency head positions like that of the IRS Commissioner, as our lawsuit alleges. We are asking the court to rule that Mr. Bisignano is unlawfully serving as the head of the IRS.

We will keep you updated as this case moves forward.