effective on April 6, 1995.  OPM's final regulations, as set forth below, are, to the extent appropriate, consistent with the final regulations issued by the Department of Labor (DOL), as required by 5 U.S.C. 6387.  In the discussion that follows, we have noted those provisions that were revised to be consistent with DOL's final regulations.

The House Committee Report for Titles I and II of the Family and Medical Leave Act of 1993 (Rept. No. 103-8, 103d Cong., 1st Sess., Parts 1 and 2, February 2, 1993) (hereinafter referred to as the "legislative history") provides additional information on the intent of Congress in enacting the FMLA.  In some cases where the language of the FMLA is not determinative, we have drawn from the legislative history for guidance in developing the regulations.

During the comment period, OPM received comments from 14 Federal agencies, 4 labor organizations, 2 professional associations, and 3 individuals, for a total of 23 comments.  A summary of the comments received and a description of the revisions made in the regulations as a result of the comments are presented below.

Employees Covered

Three agencies commented on the scope of employees covered by OPM's regulations.  In the interim regulations, OPM delegated responsibility for issuing regulations to implement sections 6381 through 6387 of title 5, United States Code, to the Secretary of Veterans Affairs for physicians, dentists, and nurses in the Veterans Health Administration appointed under section 7401(1) of title 38, United States Code.  The Department of Veterans Affairs noted that the scope of 38 U.S.C. 7401(1) has been expanded to cover other occupations in addition to those currently listed in §§ 630.1201(b)(1)(ii)(B) and 630.1201(b)(3)(i).  The agency requested that the regulations be modified to include all employees in the Veterans Health Administration of the Department of Veterans Affairs who are appointed under 38 U.S.C. 7401(1).  OPM agrees and has revised the regulations to be consistent with 38 U.S.C. 7401(1). 

In addition, since employees of the Library of Congress are covered under 5 U.S.C. 6301(2) and Title II of the FMLA, DOL has revised its regulations in 29 CFR 825.109 to exclude employees of the Library of Congress from coverage under Title I of the FMLA.  However, effective 1 year after transmission to the Congress of a study required under Public Law 104-1, Section 230, dated January 23, 1995, the coverage of the employees of the Library of Congress for purposes of FMLA leave will be made in accordance with Public Law 104-1, section 202.

An agency recommended that temporary and intermittent service should be deemed creditable toward the 12-month service requirement for coverage under Title II of the FMLA if the employee later receives a permanent