Absence and Leave; Sick Leave, 46934-46937 [E9-22030]
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46934
Proposed Rules
Federal Register
Vol. 74, No. 176
Monday, September 14, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 630
RIN 3206–AL93
Absence and Leave; Sick Leave
AGENCY: Office of Personnel
Management.
ACTION: Proposed rule with request for
comments.
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SUMMARY: The U. S. Office of Personnel
Management (OPM) is issuing proposed
regulations to modify definitions related
to family member and immediate
relative in 5 CFR part 630 for purposes
of use of sick leave, funeral leave,
voluntary leave transfer, voluntary leave
bank, and emergency leave transfer.
These changes would implement
Section 1 of the President’s June 17,
2009 Memorandum on Federal Benefits
and Non-Discrimination and ensure that
agencies are considering the needs of a
widely diverse workforce and providing
the broadest support possible to
employees to help them balance their
increasing work, personal, and family
obligations.
DATES: Comments must be received on
or before November 13, 2009.
ADDRESSES: You may submit comments,
identified by RIN number ‘‘3206–
AL93,’’ using either of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Jerome D. Mikowicz, Deputy
Associate Director, Center for Pay and
Leave Administration, U.S. Office of
Personnel Management, Room 7H31,
1900 E Street, NW., Washington, DC
20415–8200.
FOR FURTHER INFORMATION CONTACT:
Brenda Roberts by telephone at (202)
606–2858; by fax at (202) 606–0824; or
by e-mail at pay-performancepolicy@opm.gov.
The U.S.
Office of Personnel Management (OPM)
SUPPLEMENTARY INFORMATION:
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is issuing proposed regulations to
modify definitions related to family
member and immediate relative in 5
CFR part 630 for purposes of use of sick
leave, funeral leave, voluntary leave
transfer, voluntary leave bank, and
emergency leave transfer. These
regulations would ensure that agencies
are considering the needs of a widely
diverse workforce and providing the
broadest support possible to employees
to help them balance their increasing
work requirements and personal and
family obligations. As part of OPM’s
continued efforts to support the needs of
the Federal workforce during times of
sickness, funerals, and medical or other
emergencies, we are proposing to make
the definitions of family member and
immediate relative more explicit to
include more examples of relationships
that are covered under the phrase ‘‘[a]ny
individual related by blood or affinity’’
whose close association with the
employee is the equivalent of a family
relationship. These examples include
step-parents and step-children,
grandparents, grandchildren, and samesex and opposite-sex domestic partners.
By making the definitions of family
member and immediate relative more
explicit, we ensure more consistent
application of policy across the Federal
Government, implement the Section 1 of
the President’s June 17, 2009
Memorandum on Federal Benefits and
Non-Discrimination, and set an example
of the Federal Government as a model
employer of a diverse workforce.
Background
The current definition of family
member in 5 CFR 630.201 and 630.902
was derived from the definition of
immediate relative used to reflect the
provisions of 5 U.S.C. 6326 for funeral
leave. (See 34 FR 13655, August 26,
1969.) In the Civil Service Commission’s
(CSC’s and now OPM’s) funeral leave
regulations for immediate relatives of
members of the Armed Forces who died
as a result of wounds, disease, or injury
incurred while serving in a combat
zone, the CSC recognized that there
were many cases in which an
employee’s close relationship to another
person was equivalent to a family
relationship, although a blood
relationship did not exist. Examples
provided in the regulations included
foster children and stepchildren.
Therefore, in the current definition of
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immediate relative for funeral leave
purposes, and in the definition of family
member for purposes of sick leave,
voluntary leave transfer, voluntary leave
bank, and the emergency leave transfer
programs, we included ‘‘[a]ny
individual related by blood or affinity’’
whose close association with another
person is the equivalent of a family
relationship. At that time, the CSC
provided no further guidance on what
relationships would be covered under
this category. The intent was for
agencies to make the determination on
a case-by-case basis based on the close
relationship of the employee to the
other individual, which might vary from
employee to employee. The CSC did not
believe it was necessary then to make
these two definitions more specific.
However, because of the lack of more
specific examples, administration and
the approval of leave across and within
agencies have been inconsistent. Where
agencies have created their own written
policies defining whom they include in
the category of individuals related by
blood or affinity whose close association
with another individual is equivalent to
a family relationship, implementation
necessarily differs from agency to
agency. In other cases, moreover,
agencies have no written policies, and it
then falls to an employee’s supervisor to
make determinations without consistent
overarching guidance. In order to
provide more equitable and consistent
Governmentwide administration of the
leave programs, we believe it is
important to define additional
categories of individuals who are
covered when relying on the phrase
‘‘[a]ny individual related by blood or
affinity’’ whose close association with
the employee is the equivalent of a
family relationship.
With America’s changing
demographics and socio-economic
trends, employees have increasing
personal needs and family care
obligations. Two-parent families often
need both parents to be engaged in the
workforce, and many parents raise
children in single-parent homes.
Employees face increasing demands to
provide care to aging relatives or other
family members outside of the nuclear
family. OPM believes it is important to
address the needs of a more diverse
workforce. By ensuring consistent
policies within the Federal Government
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we set an example as the model
employer of a diverse workforce.
In order to strengthen Government
support for employees and help them
balance their increasing work, personal,
and family obligations, we are revising
and adding to the definitions in 5 CFR
part 630, subparts B, H, I, J, and K, to
specify more of the types of
relationships for which employees may
use leave under these regulations.
Our proposed changes do not apply to
the Family and Medical Leave Act
(FMLA). The situations in which an
employee can invoke FMLA leave and
the individuals for whom an employee
can provide care under FMLA are
specified in law.
We are not re-defining the phrase
‘‘[a]ny individual related by blood or
affinity’’ whose close association with
the employee is the equivalent of a
family relationship. We have broadly
interpreted the phrase in the past to
include such relationships as
grandparent and grandchild, brother
´
and sister-in-law, fiancé(e), cousin, aunt
and uncle, other relatives outside
definitions (1)–(4) in current 5 CFR
630.201 and 630.902, and close friend,
to the extent that the connection
between the employee and the
individual was significant enough to be
regarded as having the closeness of a
family relationship even though the
individuals might not be related by
blood or formally in law. The current
definition is not altered by the changes
we are proposing, and the above list is
not intended to be exhaustive, but
illustrative. The purpose of the
amendments we are proposing to the
current definitions of family member
and immediate relative is to make the
application of the leave program across
the Federal Government as uniform as
possible, to implement Section 1 of the
President’s June 17, 2009 Memorandum
on Federal Benefits and NonDiscrimination, and to continue to cover
significant relationships.
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Definitions
OPM’s proposed regulations would
amend the definition of family member
in part 630, subparts B (Definitions and
General Provisions for Annual Leave
and Sick Leave) and I (Voluntary Leave
Transfer) and immediate relative in
subpart H (Funeral Leave); and include
new definitions for committed
relationship, domestic partner, parent,
and son or daughter. We are also
making conforming changes to subparts
J (Voluntary Leave Bank Program) and K
(Emergency Leave Transfer Program)
because both subparts reference the
current definition of family member.
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The definitions are being changed as
follows.
The current definition of family
member at 5 CFR 630.201 and 5 CFR
630.902 reads—
‘‘Family member means the following
relatives of the employee:
‘‘(1) Spouse, and parents thereof;
‘‘(2) Children, including adopted
children and spouses thereof;
‘‘(3) Parents;
‘‘(4) Brothers and sisters, and spouses
thereof; and
‘‘(5) Any individual related by blood
or affinity whose close association with
the employee is the equivalent of a
family relationship.’’
We are modifying the definition of
family member to include domestic
partners, grandparents, and
grandchildren. Our proposed definition
reads—
‘‘Family member means an individual
with any of the following relationships
to the employee:
‘‘(1) Spouse, and parents thereof;
‘‘(2) Sons and daughters, and spouses
thereof;
‘‘(3) Parents, and spouses thereof;
‘‘(4) Brothers and sisters, and spouses
thereof;
‘‘(5) Grandparents and grandchildren,
and spouses thereof;
‘‘(6) Domestic partner, including
domestic partners of any individual in
paragraphs (2)–(5) of this definition; and
‘‘(7) Any individual related by blood
or affinity whose close association with
the employee is the equivalent of a
family relationship.’’
We are also defining the terms
committed relationship, domestic
partner, parent, and son or daughter.
The proposed definition of domestic
partner reads—
‘‘Domestic partner means an adult in
a committed relationship with another
adult, including both same sex and
opposite sex relationships.
Committed relationship means that
the employee, and the domestic partner
of the employee, are each other’s sole
domestic partner (and are not married to
or domestic partners with anyone else);
and share responsibility for a significant
measure of each other’s common
welfare and financial obligations. This
includes, but is not limited to, any
relationship between two individuals of
the same or opposite sex that is granted
legal recognition by a state or by the
District of Columbia as a marriage or
analogous relationship (including, but
not limited to a civil union).
The proposed definition of parent
reads—
‘‘Parent means—
‘‘(1) A biological, adoptive, step, or
foster parent of the employee, or a
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46935
person who was a foster parent of the
employee when the employee was a
minor;
‘‘(2) A person who is the legal
guardian of the employee or was the
legal guardian of the employee when the
employee was a minor or required a
legal guardian; or
‘‘(3) A person who stands in loco
parentis to the employee or stood in
loco parentis to the employee when the
employee was a minor or required
someone to stand in loco parentis.
‘‘(4) A parent, as described in
paragraphs (1) through (3) of this
definition, of an employee’s domestic
partner.’’
Finally, we are also proposing a
definition of son or daughter, which
reads—
‘‘Son or daughter means—
‘‘(1) A biological, adopted, step, or
foster son or daughter of the employee;
‘‘(2) A person who is a legal ward or
was a legal ward of the employee when
that individual was a minor or required
a legal guardian;
‘‘(3) A person for whom the employee
stands in loco parentis or stood in loco
parentis when that individual was a
minor or required someone to stand in
loco parentis; or
‘‘(4) A son or daughter, as described
in paragraphs (1) through (3) of this
definition, of an employee’s domestic
partner.’’
We are also proposing a new
definition of immediate relative for the
purposes of funeral leave under subpart
H, which uses the same categories of
relationship as the definition of family
member. In order to be consistent with
the definition of family member of
subparts B and I, we are also taking the
opportunity to write the definition of
immediate relative in the present tense
and to define immediate relative by
relationship to the employee rather that
by relationship to the deceased. The
proposed definition reads—
‘‘Immediate relative means an
individual with any of the following
relationships to the employee:
‘‘(1) Spouse, and parents thereof;
‘‘(2) Sons and daughters, and spouses
thereof;
‘‘(3) Parents, and spouses thereof;
‘‘(4) Brothers and sisters, and spouses
thereof;
‘‘(5) Grandparents and grandchildren
and spouses thereof;
‘‘(6) Domestic partner, including
domestic partners of any individual in
paragraphs (2)–(5) of this definition; and
‘‘(7) Any individual related by blood
or affinity whose close association with
the employee is the equivalent of a
family relationship.’’
In the Voluntary Leave Transfer
Program regulations in 5 CFR part 630,
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subpart I, we are proposing the same
change to the definition of family
member and the addition of the same
definitions of committed relationship,
domestic partner, parent, and son or
daughter as we are proposing in 5 CFR
630.201. In the voluntary leave bank
and emergency leave transfer programs,
we are referencing the changes we are
making in the definitions section of the
voluntary leave transfer program.
E.O. 12866, Regulatory Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will apply only to Federal
agencies and employees.
List of Subjects in 5 CFR 630
Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to
amend 5 CFR part 630 as follows:
PART 630—ABSENCE AND LEAVE
1. The authority citation for part 630
continues to read as follows:
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Authority: 5 U.S.C. 6311; § 630.205 also
issued under Pub. L. 108–411, 118 Stat 2312;
§ 630.301 also issued under Pub. L. 103–356,
108 Stat. 3410 and Pub. L. 108–411, 118 Stat
2312; § 630.303 also issued under 5 U.S.C.
6133(a); §§ 630.306 and 630.308 also issued
under 5 U.S.C. 6304(d)(3), Pub. L. 102–484,
106 Stat. 2722, and Pub. L. 103–337, 108 Stat.
2663; subpart D also issued under Pub. L.
103–329, 108 Stat. 2423; § 630.501 and
subpart F also issued under E.O. 11228, 30
FR 7739, 3 CFR, 1974 Comp., p. 163; subpart
G also issued under 5 U.S.C. 6305; subpart
H also issued under 5 U.S.C. 6326; subpart
I also issued under 5 U.S.C. 6332, Pub. L.
100–566, 102 Stat. 2834, and Pub. L. 103–
103, 107 Stat. 1022; subpart J also issued
under 5 U.S.C. 6362, Pub. L 100–566, and
Pub. L. 103–103; subpart K also issued under
Pub. L. 105–18, 111 Stat. 158; subpart L also
issued under 5 U.S.C. 6387 and Pub. L. 103–
3, 107 Stat. 23; and subpart M also issued
under 5 U.S.C. 6391 and Pub. L. 102–25, 105
Stat. 92.
2. In § 630.201, paragraph (b) is
amended by revising the definition of
family member and by adding
definitions of committed relationship,
domestic partner, parent, and son or
daughter to read as follows:
§ 630.201
*
Definitions.
*
*
(b) * * *
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*
*
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Committed relationship means that
the employee, and the domestic partner
of the employee, are each other’s sole
domestic partner (and are not married to
or domestic partners with anyone else);
and share responsibility for a significant
measure of each other’s common
welfare and financial obligations. This
includes, but is not limited to, any
relationship between two individuals of
the same or opposite sex that is granted
legal recognition by a state or by the
District of Columbia as a marriage or
analogous relationship (including, but
not limited to a civil union).
Domestic partner means an adult in a
committed relationship with another
adult, including both same sex and
opposite sex relationships.
*
*
*
*
*
Family member means an individual
with any of the following relationships
to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses
thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses
thereof;
(5) Grandparents and grandchildren,
and spouses thereof;
(6) Domestic partner, including
domestic partners of any individual in
paragraphs (2)–(5) of this definition; and
(7) Any individual related by blood or
affinity whose close association with the
employee is the equivalent of a family
relationship.
*
*
*
*
*
Parent means—
(1) A biological, adoptive, step, or
foster parent of the employee, or a
person who was a foster parent of the
employee when the employee was a
minor;
(2) A person who is the legal guardian
of the employee or was the legal
guardian of the employee when the
employee was a minor or required a
legal guardian; or
(3) A person who stands in loco
parentis to the employee or stood in
loco parentis to the employee when the
employee was a minor or required
someone to stand in loco parentis.
(4) A parent, as described in
paragraphs (1) through (3) of this
definition, of an employee’s domestic
partner.
*
*
*
*
*
Son or daughter means—
(1) A biological, adopted, step, or
foster son or daughter of the employee;
(2) A person who is a legal ward or
was a legal ward of the employee when
that individual was a minor or required
a legal guardian;
(3) A person for whom the employee
stands in loco parentis or stood in loco
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parentis when that individual was a
minor or required someone to stand in
loco parentis; or
(4) A son or daughter, as described in
paragraphs (1) through (3) of this
definition, of an employee’s domestic
partner.
*
*
*
*
*
3. In § 630.803, revise the definition of
immediate relative and add definitions
of committed relationship, domestic
partner, parent, and son or daughter to
read as follows:
§ 630.803
Definitions.
*
*
*
*
*
Committed relationship means that
the employee, and the domestic partner
of the employee, are each other’s sole
domestic partner (and are not married to
or domestic partners with anyone else);
and share responsibility for a significant
measure of each other’s common
welfare and financial obligations. This
includes, but is not limited to, any
relationship between two individuals of
the same or opposite sex that is granted
legal recognition by a state or by the
District of Columbia as a marriage or
analogous relationship (including, but
not limited to a civil union).
Domestic partner means an adult in a
committed relationship with another
adult, including both same sex and
opposite sex relationships.
*
*
*
*
*
Immediate relative means an
individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses
thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses
thereof;
(5) Grandparents and grandchildren,
and spouses thereof;
(6) Domestic partner, including
domestic partners of any individual in
paragraphs (2)–(5) of this definition; and
(7) Any individual related by blood or
affinity whose close association with the
employee is the equivalent of a family
relationship.
Parent means—
(1) A biological, adoptive, step, or
foster parent of the employee;
(2) A person who is the legal guardian
of the employee or was the legal
guardian of the employee when the
employee was a minor or required a
legal guardian; or
(3) A person who stands in loco
parentis to the employee or stood in
loco parentis to the employee when the
employee was a minor or required
someone to stand in loco parentis.
(4) A parent, as described in
paragraphs (1) through (3) of this
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definition, of an employee’s domestic
partner.
Son or daughter means—
(1) A biological, adopted, step, or
foster son or daughter of the employee;
(2) A person who is a legal ward or
was a legal ward of the employee when
that individual was a minor or required
a legal guardian;
(3) A person for whom the employee
stands in loco parentis or stood in loco
parentis when that individual was a
minor or required someone to stand in
loco parentis; or
(4) A son or daughter, as described in
paragraphs (1) through (3) of this
definition, of an employee’s domestic
partner.
4. In § 630.902, revise the definition of
family member and add definitions of
committed relationship, domestic
partner, parent, and son or daughter to
read as follows:
§ 630.902
Definitions.
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*
*
*
*
*
Committed relationship means that
the employee, and the domestic partner
of the employee, are each other’s sole
domestic partner (and are not married to
or domestic partners with anyone else);
and share responsibility for a significant
measure of each other’s common
welfare and financial obligations. This
includes, but is not limited to, any
relationship between two individuals of
the same or opposite sex that is granted
legal recognition by a state or by the
District of Columbia as a marriage or
analogous relationship (including, but
not limited to, a civil union).
Domestic partner means an adult in a
committed relationship with another
adult, including both same sex and
opposite sex relationships.
*
*
*
*
*
Family member means an individual
with any of the following relationships
to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses
thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses
thereof;
(5) Grandparents and grandchildren,
and spouses thereof;
(6) Domestic partner, including
domestic partners of any individual in
(2)–(5) above; and
(7) Any individual related by blood or
affinity whose close association with the
employee is the equivalent of a family
relationship.
*
*
*
*
*
Parent means—
(1) A biological, adoptive, step, or
foster parent of the employee;
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(2) A person who is the legal guardian
of the employee or was the legal
guardian of the employee when the
employee was a minor or required a
legal guardian; or
(3) A person who stands in loco
parentis to the employee or stood in
loco parentis to the employee when the
employee was a minor or required
someone to stand in loco parentis.
(4) A parent, as described in
paragraphs (1) through (3) of this
definition, of an employee’s domestic
partner.
*
*
*
*
*
Son or daughter means—
(1) A biological, adopted, step, or
foster son or daughter of the employee;
(2) A person who is a legal ward or
was a legal ward of the employee when
that individual was a minor or required
a legal guardian;
(3) A person for whom the employee
stands in loco parentis or stood in loco
parentis when that individual was a
minor or required someone to stand in
loco parentis; or
(4) A son or daughter, as described in
paragraphs (1) through (3) of this
definition, of an employee’s domestic
partner.
5. In § 630.1002, add the definitions of
committed relationship, domestic
partner, parent, and son or daughter to
read as follows:
§ 630.1002
Definitions.
*
*
*
*
*
Committed relationship has the
meaning given that term in subpart I of
this part.
Domestic partner has the meaning
given that term in subpart I of this part.
*
*
*
*
*
*
*
*
*
*
Parent has the meaning given that
term in subpart I of this part.
*
*
*
*
*
Son or daughter has the meaning
given that term in subpart I of this part.
6. In § 630.1102, add the definitions of
committed relationship, domestic
partner, parent, and son or daughter to
read as follows:
§ 630.1102
Definitions.
*
*
*
*
*
Committed relationship has the
meaning given that term in subpart I of
this part.
*
*
*
*
*
Domestic partner has the meaning
given that term in subpart I of this part.
*
*
*
*
*
Parent has the meaning given that
term in subpart I of this part.
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46937
Son or daughter has the meaning
given that term in subpart I of this part.
*
*
*
*
*
[FR Doc. E9–22030 Filed 9–11–09; 8:45 am]
BILLING CODE 6325–39–P
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 875
RIN 3206–AL92
Federal Long Term Care Insurance
Program: Eligibility Changes
AGENCY: U.S. Office of Personnel
Management.
ACTION: Proposed regulation.
SUMMARY: The U.S. Office of Personnel
Management (OPM) is issuing a
proposed regulation to expand
eligibility to apply for coverage under
the Federal Long Term Care Insurance
Program (FLTCIP). Under the proposed
regulation, the definition of ‘‘qualified
relative’’ is expanded to cover the samesex domestic partners of eligible Federal
and U.S. Postal Service employees and
annuitants. The proposed regulation
will help agencies address the family
needs of an increasingly diverse
workforce, and will enhance the Federal
Government’s ability to compete with
the private sector for talent.
DATES: OPM must receive comments on
or before November 13, 2009.
ADDRESSES: You may submit comments,
identified by docket number and/or RIN
number by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: John Cutler, Senior Policy
Analyst, Insurance Policy Group,
Strategic Human Resources Policy,
Office of Personnel Management, 1900 E
Street, NW., Room 3415, Washington,
DC 20415; or deliver to OPM, Room
3415, 1900 E Street, NW.; or FAX to
(202) 606–0633.
FOR FURTHER INFORMATION CONTACT: John
Cutler, at john.cutler@opm.gov or (202)
606–0735.
SUPPLEMENTARY INFORMATION: The
President’s Memorandum of June 17,
2009, on Federal Benefits and NonDiscrimination requests that the Office
of Personnel Management (OPM) extend
certain benefits that can be provided to
same-sex domestic partners of Federal
employees consistent with Federal law.
In response, OPM is proposing a
regulatory change to expand eligibility
to apply for coverage under the Federal
Long Term Care Insurance Program
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]]>Agencies
[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Proposed Rules]
[Pages 46934-46937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22030]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 /
Proposed Rules
[[Page 46934]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 630
RIN 3206-AL93
Absence and Leave; Sick Leave
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The U. S. Office of Personnel Management (OPM) is issuing
proposed regulations to modify definitions related to family member and
immediate relative in 5 CFR part 630 for purposes of use of sick leave,
funeral leave, voluntary leave transfer, voluntary leave bank, and
emergency leave transfer. These changes would implement Section 1 of
the President's June 17, 2009 Memorandum on Federal Benefits and Non-
Discrimination and ensure that agencies are considering the needs of a
widely diverse workforce and providing the broadest support possible to
employees to help them balance their increasing work, personal, and
family obligations.
DATES: Comments must be received on or before November 13, 2009.
ADDRESSES: You may submit comments, identified by RIN number ``3206-
AL93,'' using either of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Jerome D. Mikowicz, Deputy Associate Director, Center for Pay
and Leave Administration, U.S. Office of Personnel Management, Room
7H31, 1900 E Street, NW., Washington, DC 20415-8200.
FOR FURTHER INFORMATION CONTACT: Brenda Roberts by telephone at (202)
606-2858; by fax at (202) 606-0824; or by e-mail at pay-performance-policy@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is issuing proposed regulations to modify definitions related to
family member and immediate relative in 5 CFR part 630 for purposes of
use of sick leave, funeral leave, voluntary leave transfer, voluntary
leave bank, and emergency leave transfer. These regulations would
ensure that agencies are considering the needs of a widely diverse
workforce and providing the broadest support possible to employees to
help them balance their increasing work requirements and personal and
family obligations. As part of OPM's continued efforts to support the
needs of the Federal workforce during times of sickness, funerals, and
medical or other emergencies, we are proposing to make the definitions
of family member and immediate relative more explicit to include more
examples of relationships that are covered under the phrase ``[a]ny
individual related by blood or affinity'' whose close association with
the employee is the equivalent of a family relationship. These examples
include step-parents and step-children, grandparents, grandchildren,
and same-sex and opposite-sex domestic partners. By making the
definitions of family member and immediate relative more explicit, we
ensure more consistent application of policy across the Federal
Government, implement the Section 1 of the President's June 17, 2009
Memorandum on Federal Benefits and Non-Discrimination, and set an
example of the Federal Government as a model employer of a diverse
workforce.
Background
The current definition of family member in 5 CFR 630.201 and
630.902 was derived from the definition of immediate relative used to
reflect the provisions of 5 U.S.C. 6326 for funeral leave. (See 34 FR
13655, August 26, 1969.) In the Civil Service Commission's (CSC's and
now OPM's) funeral leave regulations for immediate relatives of members
of the Armed Forces who died as a result of wounds, disease, or injury
incurred while serving in a combat zone, the CSC recognized that there
were many cases in which an employee's close relationship to another
person was equivalent to a family relationship, although a blood
relationship did not exist. Examples provided in the regulations
included foster children and stepchildren. Therefore, in the current
definition of immediate relative for funeral leave purposes, and in the
definition of family member for purposes of sick leave, voluntary leave
transfer, voluntary leave bank, and the emergency leave transfer
programs, we included ``[a]ny individual related by blood or affinity''
whose close association with another person is the equivalent of a
family relationship. At that time, the CSC provided no further guidance
on what relationships would be covered under this category. The intent
was for agencies to make the determination on a case-by-case basis
based on the close relationship of the employee to the other
individual, which might vary from employee to employee. The CSC did not
believe it was necessary then to make these two definitions more
specific.
However, because of the lack of more specific examples,
administration and the approval of leave across and within agencies
have been inconsistent. Where agencies have created their own written
policies defining whom they include in the category of individuals
related by blood or affinity whose close association with another
individual is equivalent to a family relationship, implementation
necessarily differs from agency to agency. In other cases, moreover,
agencies have no written policies, and it then falls to an employee's
supervisor to make determinations without consistent overarching
guidance. In order to provide more equitable and consistent
Governmentwide administration of the leave programs, we believe it is
important to define additional categories of individuals who are
covered when relying on the phrase ``[a]ny individual related by blood
or affinity'' whose close association with the employee is the
equivalent of a family relationship.
With America's changing demographics and socio-economic trends,
employees have increasing personal needs and family care obligations.
Two-parent families often need both parents to be engaged in the
workforce, and many parents raise children in single-parent homes.
Employees face increasing demands to provide care to aging relatives or
other family members outside of the nuclear family. OPM believes it is
important to address the needs of a more diverse workforce. By ensuring
consistent policies within the Federal Government
[[Page 46935]]
we set an example as the model employer of a diverse workforce.
In order to strengthen Government support for employees and help
them balance their increasing work, personal, and family obligations,
we are revising and adding to the definitions in 5 CFR part 630,
subparts B, H, I, J, and K, to specify more of the types of
relationships for which employees may use leave under these
regulations.
Our proposed changes do not apply to the Family and Medical Leave
Act (FMLA). The situations in which an employee can invoke FMLA leave
and the individuals for whom an employee can provide care under FMLA
are specified in law.
We are not re-defining the phrase ``[a]ny individual related by
blood or affinity'' whose close association with the employee is the
equivalent of a family relationship. We have broadly interpreted the
phrase in the past to include such relationships as grandparent and
grandchild, brother and sister-in-law, fiancé(e), cousin, aunt and
uncle, other relatives outside definitions (1)-(4) in current 5 CFR
630.201 and 630.902, and close friend, to the extent that the
connection between the employee and the individual was significant
enough to be regarded as having the closeness of a family relationship
even though the individuals might not be related by blood or formally
in law. The current definition is not altered by the changes we are
proposing, and the above list is not intended to be exhaustive, but
illustrative. The purpose of the amendments we are proposing to the
current definitions of family member and immediate relative is to make
the application of the leave program across the Federal Government as
uniform as possible, to implement Section 1 of the President's June 17,
2009 Memorandum on Federal Benefits and Non-Discrimination, and to
continue to cover significant relationships.
Definitions
OPM's proposed regulations would amend the definition of family
member in part 630, subparts B (Definitions and General Provisions for
Annual Leave and Sick Leave) and I (Voluntary Leave Transfer) and
immediate relative in subpart H (Funeral Leave); and include new
definitions for committed relationship, domestic partner, parent, and
son or daughter. We are also making conforming changes to subparts J
(Voluntary Leave Bank Program) and K (Emergency Leave Transfer Program)
because both subparts reference the current definition of family
member. The definitions are being changed as follows.
The current definition of family member at 5 CFR 630.201 and 5 CFR
630.902 reads--
``Family member means the following relatives of the employee:
``(1) Spouse, and parents thereof;
``(2) Children, including adopted children and spouses thereof;
``(3) Parents;
``(4) Brothers and sisters, and spouses thereof; and
``(5) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.''
We are modifying the definition of family member to include
domestic partners, grandparents, and grandchildren. Our proposed
definition reads--
``Family member means an individual with any of the following
relationships to the employee:
``(1) Spouse, and parents thereof;
``(2) Sons and daughters, and spouses thereof;
``(3) Parents, and spouses thereof;
``(4) Brothers and sisters, and spouses thereof;
``(5) Grandparents and grandchildren, and spouses thereof;
``(6) Domestic partner, including domestic partners of any
individual in paragraphs (2)-(5) of this definition; and
``(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.''
We are also defining the terms committed relationship, domestic
partner, parent, and son or daughter. The proposed definition of
domestic partner reads--
``Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to
a civil union).
The proposed definition of parent reads--
``Parent means--
``(1) A biological, adoptive, step, or foster parent of the
employee, or a person who was a foster parent of the employee when the
employee was a minor;
``(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
``(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
``(4) A parent, as described in paragraphs (1) through (3) of this
definition, of an employee's domestic partner.''
Finally, we are also proposing a definition of son or daughter,
which reads--
``Son or daughter means--
``(1) A biological, adopted, step, or foster son or daughter of the
employee;
``(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
``(3) A person for whom the employee stands in loco parentis or
stood in loco parentis when that individual was a minor or required
someone to stand in loco parentis; or
``(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.''
We are also proposing a new definition of immediate relative for
the purposes of funeral leave under subpart H, which uses the same
categories of relationship as the definition of family member. In order
to be consistent with the definition of family member of subparts B and
I, we are also taking the opportunity to write the definition of
immediate relative in the present tense and to define immediate
relative by relationship to the employee rather that by relationship to
the deceased. The proposed definition reads--
``Immediate relative means an individual with any of the following
relationships to the employee:
``(1) Spouse, and parents thereof;
``(2) Sons and daughters, and spouses thereof;
``(3) Parents, and spouses thereof;
``(4) Brothers and sisters, and spouses thereof;
``(5) Grandparents and grandchildren and spouses thereof;
``(6) Domestic partner, including domestic partners of any
individual in paragraphs (2)-(5) of this definition; and
``(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.''
In the Voluntary Leave Transfer Program regulations in 5 CFR part
630,
[[Page 46936]]
subpart I, we are proposing the same change to the definition of family
member and the addition of the same definitions of committed
relationship, domestic partner, parent, and son or daughter as we are
proposing in 5 CFR 630.201. In the voluntary leave bank and emergency
leave transfer programs, we are referencing the changes we are making
in the definitions section of the voluntary leave transfer program.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
List of Subjects in 5 CFR 630
Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to amend 5 CFR part 630 as follows:
PART 630--ABSENCE AND LEAVE
1. The authority citation for part 630 continues to read as
follows:
Authority: 5 U.S.C. 6311; Sec. 630.205 also issued under Pub.
L. 108-411, 118 Stat 2312; Sec. 630.301 also issued under Pub. L.
103-356, 108 Stat. 3410 and Pub. L. 108-411, 118 Stat 2312; Sec.
630.303 also issued under 5 U.S.C. 6133(a); Sec. Sec. 630.306 and
630.308 also issued under 5 U.S.C. 6304(d)(3), Pub. L. 102-484, 106
Stat. 2722, and Pub. L. 103-337, 108 Stat. 2663; subpart D also
issued under Pub. L. 103-329, 108 Stat. 2423; Sec. 630.501 and
subpart F also issued under E.O. 11228, 30 FR 7739, 3 CFR, 1974
Comp., p. 163; subpart G also issued under 5 U.S.C. 6305; subpart H
also issued under 5 U.S.C. 6326; subpart I also issued under 5
U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, and Pub. L. 103-103,
107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362, Pub. L
100-566, and Pub. L. 103-103; subpart K also issued under Pub. L.
105-18, 111 Stat. 158; subpart L also issued under 5 U.S.C. 6387 and
Pub. L. 103-3, 107 Stat. 23; and subpart M also issued under 5
U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92.
2. In Sec. 630.201, paragraph (b) is amended by revising the
definition of family member and by adding definitions of committed
relationship, domestic partner, parent, and son or daughter to read as
follows:
Sec. 630.201 Definitions.
* * * * *
(b) * * *
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to
a civil union).
Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
* * * * *
Family member means an individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses thereof;
(6) Domestic partner, including domestic partners of any individual
in paragraphs (2)-(5) of this definition; and
(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
* * * * *
Parent means--
(1) A biological, adoptive, step, or foster parent of the employee,
or a person who was a foster parent of the employee when the employee
was a minor;
(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
(4) A parent, as described in paragraphs (1) through (3) of this
definition, of an employee's domestic partner.
* * * * *
Son or daughter means--
(1) A biological, adopted, step, or foster son or daughter of the
employee;
(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
(3) A person for whom the employee stands in loco parentis or stood
in loco parentis when that individual was a minor or required someone
to stand in loco parentis; or
(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.
* * * * *
3. In Sec. 630.803, revise the definition of immediate relative
and add definitions of committed relationship, domestic partner,
parent, and son or daughter to read as follows:
Sec. 630.803 Definitions.
* * * * *
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to
a civil union).
Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
* * * * *
Immediate relative means an individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses thereof;
(6) Domestic partner, including domestic partners of any individual
in paragraphs (2)-(5) of this definition; and
(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
Parent means--
(1) A biological, adoptive, step, or foster parent of the employee;
(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
(4) A parent, as described in paragraphs (1) through (3) of this
[[Page 46937]]
definition, of an employee's domestic partner.
Son or daughter means--
(1) A biological, adopted, step, or foster son or daughter of the
employee;
(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
(3) A person for whom the employee stands in loco parentis or stood
in loco parentis when that individual was a minor or required someone
to stand in loco parentis; or
(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.
4. In Sec. 630.902, revise the definition of family member and add
definitions of committed relationship, domestic partner, parent, and
son or daughter to read as follows:
Sec. 630.902 Definitions.
* * * * *
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to,
a civil union).
Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
* * * * *
Family member means an individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses thereof;
(6) Domestic partner, including domestic partners of any individual
in (2)-(5) above; and
(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
* * * * *
Parent means--
(1) A biological, adoptive, step, or foster parent of the employee;
(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
(4) A parent, as described in paragraphs (1) through (3) of this
definition, of an employee's domestic partner.
* * * * *
Son or daughter means--
(1) A biological, adopted, step, or foster son or daughter of the
employee;
(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
(3) A person for whom the employee stands in loco parentis or stood
in loco parentis when that individual was a minor or required someone
to stand in loco parentis; or
(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.
5. In Sec. 630.1002, add the definitions of committed
relationship, domestic partner, parent, and son or daughter to read as
follows:
Sec. 630.1002 Definitions.
* * * * *
Committed relationship has the meaning given that term in subpart I
of this part.
Domestic partner has the meaning given that term in subpart I of
this part.
* * * * *
* * * * *
Parent has the meaning given that term in subpart I of this part.
* * * * *
Son or daughter has the meaning given that term in subpart I of
this part.
6. In Sec. 630.1102, add the definitions of committed
relationship, domestic partner, parent, and son or daughter to read as
follows:
Sec. 630.1102 Definitions.
* * * * *
Committed relationship has the meaning given that term in subpart I
of this part.
* * * * *
Domestic partner has the meaning given that term in subpart I of
this part.
* * * * *
Parent has the meaning given that term in subpart I of this part.
Son or daughter has the meaning given that term in subpart I of
this part.
* * * * *
[FR Doc. E9-22030 Filed 9-11-09; 8:45 am]
BILLING CODE 6325-39-P
