Subpart L--Family and Medical Leave

8.  In § 630.1201, paragraphs (b)(1)(ii)(B) and (b)(3)(i) are revised to read as follows:

§ 630.1201  Purpose, applicability, and administration.


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(b)    *    *    *
(1)    *    *    *
(ii)    *    *    *
(B)  An employee in the Veterans Health Administration of the Department of Veterans Affairs who is appointed under section 7401(1) of title 38, United States Code;
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(3)    *    *    *
(i)  An employee in the Veterans Health Administration of the Department of Veterans Affairs who is appointed under section 7401(1) of title 38, United States Code, shall be governed by the terms and conditions of regulations prescribed by the Secretary of Veterans Affairs;
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9.  In § 630.1202, the definition of Continuing treatment by a health care provider is removed; the definition of Incapacity is added in alphabetical order, and the definitions of Essential functions, Foster care, Health care provider, Intermittent leave or leave taken intermittently, Parent, Serious health condition, Son or daughter, and Spouse are revised to read as follows:

§ 630.1202  Definitions.

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Essential functions means the fundamental job duties of the employee's position, as defined in 29 CFR 1630.2(n).  An employee who must be absent from work to receive medical treatment for a serious health condition is considered to be unable to perform the essential functions of the position during the absence for treatment.
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Foster care means 24-hour care for children in substitution for, and away from, their parents or guardian.  Such placement is made by or with the agreement of the State as a result of a voluntary agreement by the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care, and involves agreement between the State and foster family to take the child.  Although foster care may be with relatives of the child, State action is involved in the removal of the child from parental custody.
Health care provider means--
(1)  A licensed Doctor of Medicine or Doctor of Osteopathy or a physician who is serving on active duty in the uniformed services and is designated by the uniformed service to conduct examinations under this subpart;