Family and Medical Leave Act
Entitlement
Under the Family and Medical Leave Act of 1993 (FMLA), most Federal employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
the birth of a son or daughter of the employee and the care of such son or daughter; the placement of a son or daughter with the employee for adoption or foster care; the care of spouse, son, daughter, or parent of the employee who has a serious health condition; or a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her positions. Under certain conditions, an employee may use the 12 weeks of FMLA leave intermittently. An employee may elect to substitute annual leave and/or sick leave, consistent with current laws and OPM's regulations for using annual and sick leave, for any unpaid leave under the FMLA. (The amount of sick leave that may be used to care for a family member is limited. See "Sick Leave to Care for a Family Member with a Serious Health Condition") FMLA leave is in addition to other paid time off available to an employee.
June 12, 2000
MEMORANDUM FOR DIRECTORS OF PERSONNEL
FROM:
JANICE R. LACHANCE
DIRECTOR
SUBJECT:
Final Regulations on Sick Leave to Care for a
Family Member with a Serious Health Condition
On Saturday, June 10, President Clinton announced that the Federal Government is establishing an expanded sick leave policy for Federal employees. To implement this policy, the Office of Personnel Management (OPM) will issue final regulations tomorrow, June 13. The final regulations will become effective on June 20, 2000. Under the final regulations, an employee may use a total of up to 12 weeks of sick leave each year to care for a family member with a serious health condition. This benefit broadens the options available for employees to meet their family responsibilities.
The definition of "family member" for sick leave purposes remains unchanged. It includes the following relatives of the employee: (a) spouse and parents thereof; (b) children, including adopted children, and spouses thereof; (c) parents; (d) brothers and sisters, and spouses thereof; and (e) any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. "Serious health condition" has the same meaning as found in OPM's regulations at 5 CFR 630.1202 for administering the Family and Medical Leave Act of 1993 (FMLA).
You may view a copy of the regulations on OPM's web site at
http://www.opm.gov/fedregis/index.htm. In addition, questions and answers on the administration of this new entitlement are posted at
http://www.opm.gov/oca/leave/html/slQ&A. I also encourage you to share with your employees the fact sheet on "Sick Leave for Care of a Family Member with a Serious Health Condition" available at
http://www.opm.gov/oca/.leave/html/12week.htm.