[Federal Register: September 14, 2009 (Volume 74, Number 176)]
[Proposed Rules]
[Page 46934-46937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se09-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 46934]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 630
RIN 3206-AL93
Absence and Leave; Sick Leave
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The U. S. Office of Personnel Management (OPM) is issuing
proposed regulations to modify definitions related to family member and
immediate relative in 5 CFR part 630 for purposes of use of sick leave,
funeral leave, voluntary leave transfer, voluntary leave bank, and
emergency leave transfer. These changes would implement Section 1 of
the President's June 17, 2009 Memorandum on Federal Benefits and Non-
Discrimination and ensure that agencies are considering the needs of a
widely diverse workforce and providing the broadest support possible to
employees to help them balance their increasing work, personal, and
family obligations.
DATES: Comments must be received on or before November 13, 2009.
ADDRESSES: You may submit comments, identified by RIN number ``3206-
AL93,'' using either of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Jerome D. Mikowicz, Deputy Associate Director, Center for Pay
and Leave Administration, U.S. Office of Personnel Management, Room
7H31, 1900 E Street, NW., Washington, DC 20415-8200.
FOR FURTHER INFORMATION CONTACT: Brenda Roberts by telephone at (202)
606-2858; by fax at (202) 606-0824; or by e-mail at pay-performance-
policy@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is issuing proposed regulations to modify definitions related to
family member and immediate relative in 5 CFR part 630 for purposes of
use of sick leave, funeral leave, voluntary leave transfer, voluntary
leave bank, and emergency leave transfer. These regulations would
ensure that agencies are considering the needs of a widely diverse
workforce and providing the broadest support possible to employees to
help them balance their increasing work requirements and personal and
family obligations. As part of OPM's continued efforts to support the
needs of the Federal workforce during times of sickness, funerals, and
medical or other emergencies, we are proposing to make the definitions
of family member and immediate relative more explicit to include more
examples of relationships that are covered under the phrase ``[a]ny
individual related by blood or affinity'' whose close association with
the employee is the equivalent of a family relationship. These examples
include step-parents and step-children, grandparents, grandchildren,
and same-sex and opposite-sex domestic partners. By making the
definitions of family member and immediate relative more explicit, we
ensure more consistent application of policy across the Federal
Government, implement the Section 1 of the President's June 17, 2009
Memorandum on Federal Benefits and Non-Discrimination, and set an
example of the Federal Government as a model employer of a diverse
workforce.
Background
The current definition of family member in 5 CFR 630.201 and
630.902 was derived from the definition of immediate relative used to
reflect the provisions of 5 U.S.C. 6326 for funeral leave. (See 34 FR
13655, August 26, 1969.) In the Civil Service Commission's (CSC's and
now OPM's) funeral leave regulations for immediate relatives of members
of the Armed Forces who died as a result of wounds, disease, or injury
incurred while serving in a combat zone, the CSC recognized that there
were many cases in which an employee's close relationship to another
person was equivalent to a family relationship, although a blood
relationship did not exist. Examples provided in the regulations
included foster children and stepchildren. Therefore, in the current
definition of immediate relative for funeral leave purposes, and in the
definition of family member for purposes of sick leave, voluntary leave
transfer, voluntary leave bank, and the emergency leave transfer
programs, we included ``[a]ny individual related by blood or affinity''
whose close association with another person is the equivalent of a
family relationship. At that time, the CSC provided no further guidance
on what relationships would be covered under this category. The intent
was for agencies to make the determination on a case-by-case basis
based on the close relationship of the employee to the other
individual, which might vary from employee to employee. The CSC did not
believe it was necessary then to make these two definitions more
specific.
However, because of the lack of more specific examples,
administration and the approval of leave across and within agencies
have been inconsistent. Where agencies have created their own written
policies defining whom they include in the category of individuals
related by blood or affinity whose close association with another
individual is equivalent to a family relationship, implementation
necessarily differs from agency to agency. In other cases, moreover,
agencies have no written policies, and it then falls to an employee's
supervisor to make determinations without consistent overarching
guidance. In order to provide more equitable and consistent
Governmentwide administration of the leave programs, we believe it is
important to define additional categories of individuals who are
covered when relying on the phrase ``[a]ny individual related by blood
or affinity'' whose close association with the employee is the
equivalent of a family relationship.
With America's changing demographics and socio-economic trends,
employees have increasing personal needs and family care obligations.
Two-parent families often need both parents to be engaged in the
workforce, and many parents raise children in single-parent homes.
Employees face increasing demands to provide care to aging relatives or
other family members outside of the nuclear family. OPM believes it is
important to address the needs of a more diverse workforce. By ensuring
consistent policies within the Federal Government
[[Page 46935]]
we set an example as the model employer of a diverse workforce.
In order to strengthen Government support for employees and help
them balance their increasing work, personal, and family obligations,
we are revising and adding to the definitions in 5 CFR part 630,
subparts B, H, I, J, and K, to specify more of the types of
relationships for which employees may use leave under these
regulations.
Our proposed changes do not apply to the Family and Medical Leave
Act (FMLA). The situations in which an employee can invoke FMLA leave
and the individuals for whom an employee can provide care under FMLA
are specified in law.
We are not re-defining the phrase ``[a]ny individual related by
blood or affinity'' whose close association with the employee is the
equivalent of a family relationship. We have broadly interpreted the
phrase in the past to include such relationships as grandparent and
grandchild, brother and sister-in-law, fiance(e), cousin, aunt and
uncle, other relatives outside definitions (1)-(4) in current 5 CFR
630.201 and 630.902, and close friend, to the extent that the
connection between the employee and the individual was significant
enough to be regarded as having the closeness of a family relationship
even though the individuals might not be related by blood or formally
in law. The current definition is not altered by the changes we are
proposing, and the above list is not intended to be exhaustive, but
illustrative. The purpose of the amendments we are proposing to the
current definitions of family member and immediate relative is to make
the application of the leave program across the Federal Government as
uniform as possible, to implement Section 1 of the President's June 17,
2009 Memorandum on Federal Benefits and Non-Discrimination, and to
continue to cover significant relationships.
Definitions
OPM's proposed regulations would amend the definition of family
member in part 630, subparts B (Definitions and General Provisions for
Annual Leave and Sick Leave) and I (Voluntary Leave Transfer) and
immediate relative in subpart H (Funeral Leave); and include new
definitions for committed relationship, domestic partner, parent, and
son or daughter. We are also making conforming changes to subparts J
(Voluntary Leave Bank Program) and K (Emergency Leave Transfer Program)
because both subparts reference the current definition of family
member. The definitions are being changed as follows.
The current definition of family member at 5 CFR 630.201 and 5 CFR
630.902 reads--
``Family member means the following relatives of the employee:
``(1) Spouse, and parents thereof;
``(2) Children, including adopted children and spouses thereof;
``(3) Parents;
``(4) Brothers and sisters, and spouses thereof; and
``(5) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.''
We are modifying the definition of family member to include
domestic partners, grandparents, and grandchildren. Our proposed
definition reads--
``Family member means an individual with any of the following
relationships to the employee:
``(1) Spouse, and parents thereof;
``(2) Sons and daughters, and spouses thereof;
``(3) Parents, and spouses thereof;
``(4) Brothers and sisters, and spouses thereof;
``(5) Grandparents and grandchildren, and spouses thereof;
``(6) Domestic partner, including domestic partners of any
individual in paragraphs (2)-(5) of this definition; and
``(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.''
We are also defining the terms committed relationship, domestic
partner, parent, and son or daughter. The proposed definition of
domestic partner reads--
``Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to
a civil union).
The proposed definition of parent reads--
``Parent means--
``(1) A biological, adoptive, step, or foster parent of the
employee, or a person who was a foster parent of the employee when the
employee was a minor;
``(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
``(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
``(4) A parent, as described in paragraphs (1) through (3) of this
definition, of an employee's domestic partner.''
Finally, we are also proposing a definition of son or daughter,
which reads--
``Son or daughter means--
``(1) A biological, adopted, step, or foster son or daughter of the
employee;
``(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
``(3) A person for whom the employee stands in loco parentis or
stood in loco parentis when that individual was a minor or required
someone to stand in loco parentis; or
``(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.''
We are also proposing a new definition of immediate relative for
the purposes of funeral leave under subpart H, which uses the same
categories of relationship as the definition of family member. In order
to be consistent with the definition of family member of subparts B and
I, we are also taking the opportunity to write the definition of
immediate relative in the present tense and to define immediate
relative by relationship to the employee rather that by relationship to
the deceased. The proposed definition reads--
``Immediate relative means an individual with any of the following
relationships to the employee:
``(1) Spouse, and parents thereof;
``(2) Sons and daughters, and spouses thereof;
``(3) Parents, and spouses thereof;
``(4) Brothers and sisters, and spouses thereof;
``(5) Grandparents and grandchildren and spouses thereof;
``(6) Domestic partner, including domestic partners of any
individual in paragraphs (2)-(5) of this definition; and
``(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.''
In the Voluntary Leave Transfer Program regulations in 5 CFR part
630,
[[Page 46936]]
subpart I, we are proposing the same change to the definition of family
member and the addition of the same definitions of committed
relationship, domestic partner, parent, and son or daughter as we are
proposing in 5 CFR 630.201. In the voluntary leave bank and emergency
leave transfer programs, we are referencing the changes we are making
in the definitions section of the voluntary leave transfer program.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
List of Subjects in 5 CFR 630
Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to amend 5 CFR part 630 as follows:
PART 630--ABSENCE AND LEAVE
1. The authority citation for part 630 continues to read as
follows:
Authority: 5 U.S.C. 6311; Sec. 630.205 also issued under Pub.
L. 108-411, 118 Stat 2312; Sec. 630.301 also issued under Pub. L.
103-356, 108 Stat. 3410 and Pub. L. 108-411, 118 Stat 2312; Sec.
630.303 also issued under 5 U.S.C. 6133(a); Sec. Sec. 630.306 and
630.308 also issued under 5 U.S.C. 6304(d)(3), Pub. L. 102-484, 106
Stat. 2722, and Pub. L. 103-337, 108 Stat. 2663; subpart D also
issued under Pub. L. 103-329, 108 Stat. 2423; Sec. 630.501 and
subpart F also issued under E.O. 11228, 30 FR 7739, 3 CFR, 1974
Comp., p. 163; subpart G also issued under 5 U.S.C. 6305; subpart H
also issued under 5 U.S.C. 6326; subpart I also issued under 5
U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, and Pub. L. 103-103,
107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362, Pub. L
100-566, and Pub. L. 103-103; subpart K also issued under Pub. L.
105-18, 111 Stat. 158; subpart L also issued under 5 U.S.C. 6387 and
Pub. L. 103-3, 107 Stat. 23; and subpart M also issued under 5
U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92.
2. In Sec. 630.201, paragraph (b) is amended by revising the
definition of family member and by adding definitions of committed
relationship, domestic partner, parent, and son or daughter to read as
follows:
Sec. 630.201 Definitions.
* * * * *
(b) * * *
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to
a civil union).
Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
* * * * *
Family member means an individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses thereof;
(6) Domestic partner, including domestic partners of any individual
in paragraphs (2)-(5) of this definition; and
(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
* * * * *
Parent means--
(1) A biological, adoptive, step, or foster parent of the employee,
or a person who was a foster parent of the employee when the employee
was a minor;
(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
(4) A parent, as described in paragraphs (1) through (3) of this
definition, of an employee's domestic partner.
* * * * *
Son or daughter means--
(1) A biological, adopted, step, or foster son or daughter of the
employee;
(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
(3) A person for whom the employee stands in loco parentis or stood
in loco parentis when that individual was a minor or required someone
to stand in loco parentis; or
(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.
* * * * *
3. In Sec. 630.803, revise the definition of immediate relative
and add definitions of committed relationship, domestic partner,
parent, and son or daughter to read as follows:
Sec. 630.803 Definitions.
* * * * *
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to
a civil union).
Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
* * * * *
Immediate relative means an individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses thereof;
(6) Domestic partner, including domestic partners of any individual
in paragraphs (2)-(5) of this definition; and
(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
Parent means--
(1) A biological, adoptive, step, or foster parent of the employee;
(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
(4) A parent, as described in paragraphs (1) through (3) of this
[[Page 46937]]
definition, of an employee's domestic partner.
Son or daughter means--
(1) A biological, adopted, step, or foster son or daughter of the
employee;
(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
(3) A person for whom the employee stands in loco parentis or stood
in loco parentis when that individual was a minor or required someone
to stand in loco parentis; or
(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.
4. In Sec. 630.902, revise the definition of family member and add
definitions of committed relationship, domestic partner, parent, and
son or daughter to read as follows:
Sec. 630.902 Definitions.
* * * * *
Committed relationship means that the employee, and the domestic
partner of the employee, are each other's sole domestic partner (and
are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes, but is not limited to, any
relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or by the District of Columbia
as a marriage or analogous relationship (including, but not limited to,
a civil union).
Domestic partner means an adult in a committed relationship with
another adult, including both same sex and opposite sex relationships.
* * * * *
Family member means an individual with any of the following
relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses thereof;
(6) Domestic partner, including domestic partners of any individual
in (2)-(5) above; and
(7) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
* * * * *
Parent means--
(1) A biological, adoptive, step, or foster parent of the employee;
(2) A person who is the legal guardian of the employee or was the
legal guardian of the employee when the employee was a minor or
required a legal guardian; or
(3) A person who stands in loco parentis to the employee or stood
in loco parentis to the employee when the employee was a minor or
required someone to stand in loco parentis.
(4) A parent, as described in paragraphs (1) through (3) of this
definition, of an employee's domestic partner.
* * * * *
Son or daughter means--
(1) A biological, adopted, step, or foster son or daughter of the
employee;
(2) A person who is a legal ward or was a legal ward of the
employee when that individual was a minor or required a legal guardian;
(3) A person for whom the employee stands in loco parentis or stood
in loco parentis when that individual was a minor or required someone
to stand in loco parentis; or
(4) A son or daughter, as described in paragraphs (1) through (3)
of this definition, of an employee's domestic partner.
5. In Sec. 630.1002, add the definitions of committed
relationship, domestic partner, parent, and son or daughter to read as
follows:
Sec. 630.1002 Definitions.
* * * * *
Committed relationship has the meaning given that term in subpart I
of this part.
Domestic partner has the meaning given that term in subpart I of
this part.
* * * * *
* * * * *
Parent has the meaning given that term in subpart I of this part.
* * * * *
Son or daughter has the meaning given that term in subpart I of
this part.
6. In Sec. 630.1102, add the definitions of committed
relationship, domestic partner, parent, and son or daughter to read as
follows:
Sec. 630.1102 Definitions.
* * * * *
Committed relationship has the meaning given that term in subpart I
of this part.
* * * * *
Domestic partner has the meaning given that term in subpart I of
this part.
* * * * *
Parent has the meaning given that term in subpart I of this part.
Son or daughter has the meaning given that term in subpart I of
this part.
* * * * *
[FR Doc. E9-22030 Filed 9-11-09; 8:45 am]
BILLING CODE 6325-39-P