[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Proposed Rules]
[Pages 46934-46937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22030]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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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 

  Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / 
Proposed Rules  

[[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.

-----------------------------------------------------------------------

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 [email protected].

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