Publication date December 5, 1996

OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 630 and 890
RIN 3206-AH 10
Family and Medical Leave

AGENCY: Office of Personnel Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel Management is issuing final regulations on family and medical leave consistent with Title II of the Family and Medical Leave Act of 1993 (Pub. L. 103-3, February 5, 1993).  The final regulations provide covered Federal employees a total of 12 administrative workweeks of unpaid leave during any 12-month period for certain family and medical needs.  The employee may continue health benefits while he or she is on leave and is entitled to be returned to the same position or to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.

EFFECTIVE DATE:  January 6, 1997.

FOR FURTHER INFORMATION CONTACT:  For information on the Family and Medical Leave Act of 1993, contact Jo Ann Perrini (202) 606-2858, or FAX (202) 606-0824.  For information on the Federal Employees Health Benefits Program, contact Margaret Sears, (202) 606-0004.

SUPPLEMENTARY INFORMATION:  On July 23, 1993, the Office of Personnel Management (OPM) published interim regulations (58 FR 39596) to implement the requirements set forth in sections 6381 through 6387 of title 5, United States Code, as added by Title II of the Family and Medical Leave Act of 1993 (FMLA) (Public Law 103-3, February 5, 1993).  The FMLA became effective on August 5, 1993.  The FMLA provides eligible Federal employees a total of 12 administrative workweeks of unpaid leave during any 12-month period for (a) the birth of a son or daughter and care of the newborn; (b) the placement of a child with the employee for adoption or foster care; (c) the care of the employee's spouse, son, daughter, or parent with a serious health condition; or (d) a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.  OPM's regulations implementing the FMLA are found in subpart L of part 630 of title 5, Code of Federal Regulations.

Title I of the FMLA covers non-Federal employees and certain Federal employees not covered by Title II.  The Secretary of Labor issued final regulations implementing Title I of the FMLA in 29 CFR part 825 (60 FR 2180, January 6, 1995).  The Department of Labor's final regulations became