[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Rules and Regulations]
[Pages 33491-33497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14252]
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Rules and Regulations
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Rules
and Regulations
[[Page 33491]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 630
RIN 3206-AL93
Absence and Leave; Definitions of Family Member, Immediate
Relative, and Related Terms
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is issuing final
regulations to modify definitions related to family member and
immediate relative in 5 CFR part 630 and to add other defined terms,
for purposes of use of sick leave, funeral leave, voluntary leave
transfer, voluntary leave bank, and emergency leave transfer. These
changes implement Section 1 of the President's June 17, 2009,
Memorandum on Federal Benefits and Non-Discrimination and help ensure
that agencies consider the needs of a diverse workforce and provide
employees the broadest possible support to help them balance their
work, personal, and family obligations.
DATES: Effective Date: These regulations are effective on July 14,
2010.
Applicability Date: These regulations apply on the first day of the
first applicable pay period beginning on or after July 14, 2010.
FOR FURTHER INFORMATION CONTACT: Anne Vonhof by telephone at (202) 606-
2858; by fax at (202) 606-0824; or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: On September 14, 2009, the U.S. Office of
Personnel Management (OPM) issued proposed regulations to modify
definitions in 5 CFR part 630, subparts B, H, I, J, and K, related to
family member and immediate relative for the use of sick leave, funeral
leave, voluntary leave transfer, voluntary leave bank, and emergency
leave transfer. These proposed regulations were published in response
to Section 1 of the President's June 17, 2009, Memorandum for the Heads
of Executive Departments and Agencies on Federal Benefits and Non-
Discrimination (http://www.whitehouse.gov/the_press_office/Memorandum-for-the-Heads-of-Executive-Departments-and-Agencies-on-Federal-Benefits-and-Non-Discrimination-6-17-09), to promote consistent
application of policy across the Federal Government, and to allow the
Federal Government to serve as a model employer. When implemented,
these regulations will help ensure that agencies consider the needs of
a diverse workforce and provide employees with the broadest support
possible to help them balance their work, personal, and family
obligations. As part of OPM's continuing efforts to support the needs
of the Federal workforce during times of sickness, funerals, and
medical or other emergencies, we are making 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
stepparents and stepchildren, grandparents, grandchildren, and same-sex
and opposite-sex domestic partners. In addition, OPM's final
regulations define the terms committed relationship, domestic partner,
parent, and son or daughter. Please note that the new definitions 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. The proposed
regulations are available at http://edocket.access.gpo.gov/2009/pdf/E9-22030.pdf.
The 60-day comment period ended on November 13, 2009. A total of 74
comments were received--4 from agencies, 3 from labor organizations, 2
from professional organizations, and 65 from individuals. An
overwhelming majority of the comments were supportive of the proposed
rule. We received 52 comments in support of the proposed rule, with
only 9 in opposition. A summary of the comments and concerns received
and our responses follow.
Definitions of Family Member and Immediate Relative
Overall, the response to our changes to the definitions of family
member and immediate relative was very positive. In the following
paragraphs, we respond to the comments and concerns that we received on
the proposed rule. (Throughout this SUPPLEMENTARY INFORMATION, all
discussion of suggested changes to the definition of family member and
terms related to the definition of family member also apply to the
definition of immediate relative and terms related to the definition of
immediate relative. Because the following comments and responses
pertain to both sets of definitions, we will not repeat the discussion
for both sets.)
Addition of Domestic Partner
While the new term domestic partner refers to same-sex and
opposite-sex relationships, the majority of comments we received
concern the inclusion of same-sex domestic partners in the definition
of family member. Most of these commenters supported the proposed rule.
Many comments that we received in support of the inclusion of same-sex
partners included the following points: All employees deserve the same
benefits; there will be better recruitment and retention of highly
qualified employees who consciously choose public service, because the
benefits are equal to or better than those offered in the private
sector; productivity will be enhanced due to satisfied employees; and
the changes recognize a diverse workforce. Many commenters applauded
the Government's attempt to treat all employees equally, without
creating any ``second-class employees.'' Several commenters stated that
they have been waiting a long time for authority to use their leave
benefits to care for their domestic partner, and they viewed the
changes as long overdue. Other commenters appreciated the respect OPM
is showing for the many Federal employees from non-traditional families
by providing employees with an equal opportunity to care for their
family members. Two commenters stated that
[[Page 33492]]
this new rule would make it unnecessary for the employee to choose
between keeping his or her job or caring for a loved one.
Although the overwhelming majority of commenters supported the
inclusion of same-sex domestic partners in the definition of family
member, OPM received nine comments from individuals in opposition to
all or part of this portion of the rule. The commenters were opposed to
opening up leave benefits to same-sex domestic partners, believing that
it disrupts the integrity of traditional families and the institution
of marriage. Some did not believe in giving any rights or benefits to a
``special interest group,'' and some were concerned about the use of
additional tax dollars to cover the increase in costs that may result
from this rule.
The purpose of modifying the current family member and immediate
relative definitions is to promote consistency across agencies as we
implement Section 1 of the President's June 17, 2009, Memorandum on
Federal Benefits and Non-Discrimination across the Federal Government
in the administration of Federal leave benefits. The President's
memorandum states that the Secretary of State and the Director of OPM
should ``extend the benefits they have respectively identified to
qualified same-sex domestic partners of Federal employees where doing
so can be achieved and is consistent with Federal law.'' Previously,
OPM has permitted each agency to interpret the phrase ``[a]ny
individual related by blood or affinity whose close association with
the employee is the equivalent of a family relationship,'' found in the
current definitions of family member at Sec. Sec. 630.201(b) and
630.902 (a similar phrase exists in the definition of immediate
relative at Sec. 630.803). Although it has always been appropriate to
consider same-sex domestic partners as a family relationship under the
``related by blood or affinity'' clause for the purposes covered under
these regulations, agencies have not been consistent in their
interpretation of the clause. These changes do not reflect an
additional benefit provided to a ``special interest group'' or a
fundamental change in the Government's human resources policies. On the
contrary, these final regulations are meant to ensure that an employee
has an entitlement to use his or her leave for purposes authorized
under applicable law and regulation. Therefore, OPM believes it is
appropriate to specifically include same-sex partners in the
definitions of family member and immediate relative to ensure
consistent application across the Federal Government. We are keeping
domestic partners as part of the definitions of family member and
immediate relative under 5 CFR part 630, subparts B, H, I, J, and K,
for the use of sick leave, funeral leave, voluntary leave transfer,
voluntary leave bank, and emergency leave transfer to ensure agencies
meet the needs of a diverse workforce.
Parent of a Domestic Partner
We received five comments requesting the addition of a domestic
partner's parent to the definition of family member. One commenter
suggested that we change paragraph (6) in the definition of family
member to read ``domestic partners and parents thereof, including
domestic partners of any individual in paragraphs (2)-(5) of this
definition.'' Although the parent of the domestic partner is not
specifically referenced in the proposed definitions of family member
and immediate relative, he or she is covered under paragraph (4) of the
proposed definitions of parent in 5 CFR Sec. Sec. 630.201(b) and
630.803, which states that a parent means ``(4) A parent, as described
in paragraphs (1) through (3) of this definition, of an employee's
domestic partner.'' Based upon the comments received, we agree to
revise the definitions of family member and immediate relative to
clarify that the parent of a domestic partner is included in these two
definitions. Therefore, we are revising the proposed definitions of
family member and immediate relative to add language to paragraph (6)
to state: ``domestic partner and parents thereof, including domestic
partners of any individual in paragraphs (2) through (5) of the
definition.''
Any Individual Related by Blood or Affinity
One commenter inquired why certain family members were specifically
included in the proposed definitions while others fall under ``[a]ny
individual related by blood or affinity whose close association with
the employee is the equivalent of a family relationship.'' We also
received requests to add other relationships not specifically included
in the family member and immediate relative definitions, such as nieces
and nephews, aunts, brothers or sisters of an employee's spouse,
stepsiblings and their families, and stepparents. Stepparents are
included under paragraph (1) of the definition of parent.
We note that it would be very difficult to list each and every type
of family member or immediate relative, as it would be very difficult
to consider all the variations of a contemporary family. The fact that
a specific relationship is not expressly included in these definitions
is not meant to diminish the familial bond, or to imply that leave may
not be used to care for a person with that relationship. Although we
agree that any of the suggested relationships may be considered a close
association with the employee that is equivalent to a family
relationship, not every employee's relationship will have this close
association. For example, some employees may have been raised by an
aunt, while others may have never had the opportunity to meet their
aunt. All of the suggested relationships can be included under the
phrase ``[a]ny individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship,'' if there exists a blood relationship (such as niece,
nephew, aunt) or the equivalent of a family relationship (such as step
family member). Also, if special legal status had been granted (i.e.,
guardianship or loco parentis status), the relationship is covered by
the definition of parent. OPM has broadly interpreted the ``blood or
affinity'' clause in the past to include such relationships; agencies
should continue to do so. As mentioned in the Supplementary Information
accompanying the proposed rule, we have broadly interpreted the phrase
to include such relationships as grandparent and grandchild, brother-
and sister-in-law, fianc[eacute] and fianc[eacute]e, cousin, aunt and
uncle, other relatives not specified in current 5 CFR 630.201(1)-(4)
and 630.902(1)-(4), 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. Same-
sex and opposite-sex domestic partners, as well as stepparents and
stepchildren, grandparents, and grandchildren, are all examples of
close relationships which were not explicitly included in the current
family member definitions, but which may certainly be part of the
affinity of an individual employee. The ``blood or affinity'' clause is
therefore not altered by the new rule, and the examples provided are
not intended to be exhaustive, but rather illustrative.
Two agencies requested that OPM include in the regulatory text the
list of family relationships that have been interpreted to fall under
the ``blood or affinity'' clause that were published in the
Supplementary Information accompanying the proposed rule. One
[[Page 33493]]
agency stated that inclusion of this list in the regulatory text would
assist agencies in understanding the intent of the phrase and allow for
more consistent application of the regulations. For the reason stated
in the paragraph above, we decline to include this language in the
regulatory text. If it were possible to provide an exhaustive list,
there would be no need for the ``blood or affinity'' clause.
We received a comment about employees who wish to use sick leave to
care for an ill pet. While we agree that a person may have a close bond
with his or her pet, an employee cannot use sick leave, or donated
leave under the leave transfer programs, for this purpose. An employee
must use his or her annual leave or leave without pay for this purpose.
Therefore, no change is being made.
Definition of Parent
One agency pointed out that paragraph (4) of the definition of
parent encompasses the parent of an employee's domestic partner, but
not the parent of an employee's spouse, and recommended revising that
paragraph to include the parent of an employee's spouse. Although the
parent of the employee's spouse is not included in the proposed
definition of parent, that person is included in paragraph (1) of the
proposed definition of family member--``[f]amily member means an
individual with any of the following relationships to the employee: (1)
Spouse, and parents thereof.'' Since it is important that we make it
clear that by parent we mean the expanded definition (adoptive, step,
or foster parents, legal guardians, persons in loco parentis status) of
an employee's spouse or domestic partner, we are revising paragraph (4)
to read--``a parent, as described in paragraphs (1) through (3) of this
definition, of an employee's spouse or domestic partner.'' The same
agency recommended the addition of an employee's former spouse to
paragraph (4). As there is no guarantee that former family members
continue to maintain significant relationships, we believe requests for
leave for such relationships are better left to a case-by-case
determination using the ``blood or affinity'' clause. Therefore, we are
not adopting this suggestion.
In the definition of parent at Sec. 630.201, the first paragraph
reads, ``(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.'' However, the definitions of parent at
Sec. Sec. 630.803 and 630.902 in the proposed regulations were missing
the words, ``or a person who was a foster parent of the employee when
the employee was a minor.'' This omission was unintentional. Therefore,
we are adding these words to the definitions of parent at Sec. Sec.
630.803 and 630.902 in the final regulations.
Definition of Son or Daughter
One professional organization was very supportive of the change to
replace the term ``children'' in the definition of family member with
``sons and daughters'' and to create a new definition of son or
daughter. The organization also supported the inclusion of biological,
adopted, and stepchildren, legal wards, and relationships where the
employee stands or stood in loco parentis, and a domestic partner's
son(s) or daughter(s). Another commenter endorsed the inclusion of
persons who are wards or were wards, when a minor, of a legal guardian,
as this supports employees who assume the care of a young person during
a vulnerable period in his or her life. We received several questions
about the status of certain sons or daughters. One question was whether
children of a same-sex relationship would be considered an employee's
son or daughter. This is specifically addressed in paragraph (4) of the
son or daughter definition which states ``[a] son or daughter * * * of
an employee's domestic partner.'' Another question was whether adopted
children would be considered an employee's son or daughter, in a same-
sex or opposite-sex relationship. This is covered in paragraph (1) of
the son or daughter definition which states, ``[a] biological, adopted,
step, or foster son or daughter'' is considered a son or daughter of
the employee. A final question was whether sons or daughters from
previous relationships of same-sex or opposite-sex partners or former
spouses would be considered an employee's son or daughter. Such sons or
daughters would be covered, because paragraph (4) covers any son or
daughter of an employee's domestic partner who meets any of the
categories described in paragraphs (1)-(3) (e.g., biological, step,
adopted, ward or loco parentis status, as well as ward or loco parentis
status when the son or daughter was a minor). We believe the proposed
rule covers the applicable categories. We note, however, that paragraph
(4) does not include a son or daughter of an employee's spouse, so we
are revising paragraph (4) to read--``a son or daughter, as described
in paragraphs (1) through (3) of this definition, of an employee's
spouse or domestic partner.''
Definition of ``In Loco Parentis''
Two agencies requested a plain language explanation or actual
definition of the term ``in loco parentis,'' as they were concerned
that the term may not be commonly used by the human resources
practitioners interpreting the regulations. We decline to further
define the term ``in loco parentis,'' as it is subject to
interpretation under State law. In the unlikely event that an agency
has a question about in loco parentis status, the agency should contact
its Office of General Counsel for interpretation.
Definitions of Domestic Partner and Committed Relationship
One commenter supported the inclusion of both same-sex and
opposite-sex partners in the definition of domestic partner, saying
that including both ``fostered equality.'' Another commenter mistakenly
believed that the regulations discriminate against opposite-sex
domestic partners and consequently wanted the changes to apply also to
opposite-sex domestic partners or domestic partners of legally
recognized civil unions. The definition of domestic partner means ``an
adult in a committed relationship with another adult, including both
same-sex and opposite- sex relationships.'' Furthermore, the definition
of committed relationship explicitly recognizes a civil union as one
means of establishing the existence of a committed relationship,
regardless of whether the individuals are of the same or opposite sex.
Therefore, no change is necessary.
One agency expressed concern that the term domestic partner could
be construed to apply to someone who does not share any familial or
emotional bond with the employee, such as a roommate. To qualify as a
domestic partner, the employee must be in a committed relationship as
defined in the proposed regulations: ``a committed relationship means
that the employee, and the domestic partner of the employee, are each
other's sole domestic partner (and 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).''
Therefore, the definition of a committed relationship would preclude
casual
[[Page 33494]]
roommates from qualifying as each other's domestic partner. We note
that two friends might qualify as family members under the ``blood or
affinity'' clause if they have a sufficiently close relationship.
One agency expressed confusion because the terms ``domestic
partner'' and ``committed relationship'' are each referenced in the
definition of the other term. One commenter requested ``solidifying''
the process of confirming an employee's domestic partnership, while
another commenter stated that the definitions are sufficiently narrow
to be inclusive while preventing fraud and abuse. We do not agree that
the terms are confusing and agree with another commenter that they are
sufficiently narrow to be inclusive while preventing fraud and abuse.
With regard to documentation, agencies continue to have the same
authority to request more information in cases of suspected leave abuse
that they have always exercised. In general, agencies should apply the
same standards of verification for normal requests for leave to care
for domestic partners that they apply to requests for leave to care for
spouses.
One agency suggested that, rather than create definitions for
domestic partner and committed relationship, OPM simply redefine the
``blood or affinity'' clause under the family member definition to
read: ``[a]ny individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship. These examples include stepparents and stepchildren,
grandparents, grandchildren, common law, civil union, and same-sex and
opposite-sex domestic partners.'' (Italics added.) We do not agree that
adding these examples to the ``blood or affinity'' clause is necessary,
since as we stated above, we prefer to give agencies the discretion to
interpret the phrase ``blood or affinity'' according to the standard
provided. The suggested language implies we are limiting relationships
covered under the ``blood or affinity'' clause to the examples listed,
which is not the case.
Documentation for a Committed Relationship
We received several comments regarding what documentation and
evidence would be necessary to prove a committed relationship. One
commenter would like OPM to establish the required documentation since
agencies will likely implement their own agency policies if no
Governmentwide policy exists. One commenter wanted to know what
standard, absent a marriage, civil union, or other form of legal
validation, an agency should use to determine whether a relationship
fits the definition of ``committed.'' One commenter suggested using a
notarized affidavit to establish a same-sex domestic partner
relationship. Another commenter agreed that a notarized document would
be acceptable and also suggested the employee provide evidence of
owning property together or joint bank accounts. Similar to other
categories of employee relationships, OPM does not normally require
proof of a domestic partnership for the purpose of leave
administration. For example, an agency does not typically request
specific documentation to prove an employee's relationship with his or
her family member (e.g., parent, spouse, sister, brother). We find that
agencies are in the best position to administer their own leave
programs and should follow the same procedure for all employees. With
regard to documentation, agencies continue to have the same authority
to request more information in cases of suspected leave abuse.
State Laws and Recognition of Marriages, Civil Unions, and Domestic
Partnerships
One professional organization requested confirmation that a
domestic partnership would be established conclusively if the
relationship has been granted legal recognition by a State or the
District of Columbia as a marriage or analogous relationship. An agency
asked whether the regulations excluded common-law marriages. With
regard to the question about common-law marriages, we note that, in
States allowing common-law marriage, establishment of a common-law
marriage is the equivalent of establishing a spousal relationship, and
spouses are already covered by the definition of family member. We
confirm that both the proposed and final regulations cover common-law
marriage and any relationship that is granted legal recognition by a
State or the District of Columbia as a marriage or analogous
relationship.
One agency believes that agencies should follow State laws
regarding the recognition of marriage when determining whether to
approve leave, and suggested limiting this benefit only to
relationships granted legal recognition by a State. We disagree and
believe the final regulations are more equitable and in line with the
President's memorandum, because they apply even in States and other
jurisdictions where same-sex marriage or civil unions are not
recognized or in States or jurisdictions where domestic partners cannot
register. OPM is responsible for establishing Governmentwide policies
and procedures for the Federal Government and believes the rules should
be applied consistently across the Federal workforce. Therefore, no
change is being made.
Potential Discrimination
One commenter was concerned that employees who declare a
relationship with a same-sex partner for purposes of these regulations
may experience employment discrimination, particularly in Federal
agencies located in States where sexual orientation is not a
statutorily protected class. The commenter was also concerned that if
the same-sex domestic partner discloses his or her sexual orientation
to receive these benefits, there is a risk and possibility of becoming
a victim of hate crimes. In addition, the commenter states that because
domestic partnerships are not recognized in many States, there is a
question as to the legal standards a relationship must meet before it
is recognized as a domestic partnership for purposes of the regulation.
Although these are very important issues to consider, these
concerns are generally beyond the scope of these regulations, because
OPM has not been given the authority to interpret and implement the
statutes concerned. We note that 5 U.S.C. 2302(b)(10) prohibits
discrimination against Federal employees or Federal job applicants
based on factors not related to job performance, including sexual
orientation. Employees who believe they have suffered such
discrimination may thus pursue remedies under the civil service laws.
Impact on Dual Status Military (Reserve) Technicians
One commenter asked how military agencies should deal with the fact
that an employee who has asked for leave to care for a domestic partner
has just self-identified as being in a same-sex relationship in
violation of 10 U.S.C. 654 (commonly referred to as, ``Don't Ask, Don't
Tell''). The commenter was particularly concerned about the case of
National Guard Dual Status Military Technicians and Dual Status Reserve
Military Technicians where civilian employment is tied to military
membership. The invocation of OPM's leave regulations would not prove
conclusively that a domestic partnership involves a relationship of the
same sex, since the definition of domestic partner includes ``both
same-sex and opposite-sex relationships.'' Further, the regulations do
not require
[[Page 33495]]
identification of the domestic partner or the domestic partner's
gender. Nonetheless, we understand there may be consequences for
employees who are in a same-sex partnership with a military member, or
who have a part-time military status themselves, especially in those
agencies with policies requiring documentation to support a request for
leave, and where the domestic partner's gender would be clear from the
submitted documentation. Employees must therefore evaluate their own
situations and consider the possible impact of their request for leave
on their partner's or their own military status.
Definition of Spouse
One commenter stated that if the proposed rule becomes final, every
Federal law that uses the term spouse will need to be changed to
recognize a domestic partner. This belief is unfounded. The proposed
regulations add same-sex and opposite-sex domestic partners to the
regulatory definitions of family member and immediate relative, and
apply only to the sick leave, funeral leave, voluntary leave transfer,
voluntary leave bank, and the emergency leave transfer programs.
Further, changes in regulation do not cause changes in statute.
Therefore, the new definition of domestic partner does not apply to any
Federal laws where benefits are given specifically to spouses. In
particular, the new definitions do not apply to the Family and Medical
Leave Act (FMLA) at 5 U.S.C. 6381-6387 and its associated regulations
at 5 CFR part 630, subpart L. The FMLA statute and regulations do not
include a definition of family member or immediate relative; rather,
they specify individuals for whose care an employee may take FMLA leave
(e.g., a spouse). The statute does not authorize employees to take FMLA
leave to care for domestic partners.
Application to United States Postal Service
We received two comments from employees of the United States Postal
Service (USPS) who strongly support the proposed definition of family
member, so they would be able to provide care for their same-sex
domestic partners. OPM does not have jurisdiction over USPS policies or
collective bargaining agreements. We regulate for employees covered by
the leave provisions in chapter 63 of title 5, United States Code.
Employees who work for USPS or other Government organizations not
covered by title 5 should consult with their human resources office.
Request for Additional Benefits
Some commenters requested that OPM provide health care and other
benefits to same-sex partners. This is outside the scope of these
regulations; however, the President has directed OPM to review all
benefits and to identify those, such as health care, where benefits
cannot be provided to same-sex partners under the governing statute,
and those where the benefits may be provided through a change in
regulation alone. The resulting report will be provided to the
President for his consideration.
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 Part 630
Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
0
Accordingly, OPM is amending 5 CFR part 630 as follows:
PART 630--ABSENCE AND LEAVE
0
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.
0
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 in
alphabetical order to read as follows:
Sec. 630.201 Definitions.
* * * * *
(b) * * *
Committed relationship means one in which 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 and parents thereof, including domestic
partners of any individual in paragraphs (2) through (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;
(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; or
(4) A parent, as described in paragraphs (1) through (3) of this
definition, of an employee's spouse or domestic partner.
* * * * *
[[Page 33496]]
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 spouse or domestic partner.
* * * * *
0
3. In Sec. 630.803, revise the definition of immediate relative and
add definitions of committed relationship, domestic partner, parent,
and son or daughter in alphabetical order to read as follows:
Sec. 630.803 Definitions.
* * * * *
Committed relationship means one in which 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 and parents thereof, including domestic
partners of any individual in paragraphs (2) through (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 spouse or 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 spouse or domestic partner.
0
4. In Sec. 630.902, revise the definition of family member and add
definitions of committed relationship, domestic partner, parent, and
son or daughter in alphabetical order to read as follows:
Sec. 630.902 Definitions.
* * * * *
Committed relationship means one in which 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 and parents thereof, including domestic
partners of any individual in paragraphs (2) through (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 spouse or 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 spouse or domestic partner.
0
5. In Sec. 630.1002, add the definitions of committed relationship,
domestic partner, parent, and son or daughter in alphabetical order 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.
[[Page 33497]]
0
6. In Sec. 630.1102, add the definitions of committed relationship,
domestic partner, parent, and son or daughter in alphabetical order 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. 2010-14252 Filed 6-11-10; 8:45 am]
BILLING CODE 6325-39-P