Family and Medical Leave Act

DEEPER READ

This direct final rule from the Office of Personnel Management makes technical corrections to federal FMLA regulations to bring them in line with statutory changes that Congress has already enacted. The rule does not create new policy on its own but instead ensures that OPM's written regulations accurately reflect the law as it currently stands. A 'direct final rule' is a procedure used when an agency believes a rule is noncontroversial and unlikely to draw significant public objection, allowing it to take effect without a standard notice-and-comment period, though the agency will withdraw the rule if it receives adverse comments. The first major change expands the definition of qualifying service for FMLA eligibility. Previously, only certain federal civilian service counted toward the 12-month employment threshold required to access FMLA protections. The updated rule reflects statutory changes that make virtually all federal civilian service count, and also includes certain periods of honorable active military service. This broadens the pool of federal workers and veterans who can more quickly qualify for FMLA leave protections. The second change clarifies the rules around leave substitution. Under FMLA, employees may substitute paid leave for unpaid FMLA leave in certain circumstances. The updated rule makes explicit that annual and sick leave granted under authorities outside of title 5 of the U.S. Code, such as leave systems covering certain specialized federal workforces, may also be substituted for unpaid FMLA leave. This provides clearer guidance for both employees and human resources administrators across federal agencies. The third change involves employees of the Veterans Health Administration. Congress enacted legislation placing certain VHA employees under a separate personnel and leave system outside of title 5. This rule updates OPM's FMLA regulations to formally exclude those employees from title 5 FMLA coverage, reflecting that they are governed by their own applicable rules. Affected VHA employees retain FMLA protections but under the framework specific to their employment system. In terms of implementation, direct final rules typically take effect within 30 to 60 days of publication in the Federal Register unless adverse comments are received. The affected population includes the broad federal civilian workforce, veterans transitioning to federal employment, and specific VHA personnel. The practical impact on day-to-day operations is expected to be minimal since the changes align regulations with laws already in effect.

AS PUBLISHED

The Office of Personnel Management (OPM) is issuing a direct final rule making technical revisions to OPM's Family and Medical Leave Act (FMLA) regulations to incorporate various statutory amendments. The rule reflects statutory changes making virtually all Federal civilian service and certain honorable active military service qualify for determining FMLA eligibility, making clear that annual and sick leave provided under an authority outside of title 5, United States Code, may be substituted for unpaid FMLA leave, and excluding certain Veterans Health Administration (VHA) employees from title 5 FMLA coverage.

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