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OPM Issues Proposed Military Family Leave Regulations Covering Federal Employees

OPM Issues Proposed Military Family Leave Regulations Covering Federal Employees
Source: The FMLA Blog -http://federalfmla.typepad.com/fmla_blog/
Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation.

On August 26, 2009, the OPM issued proposed FMLA regulations implementing military family leave for purposes of Title II of the FMLA. The proposed regulations are set forth in 74 Federal Register 43064-43082 (Aug. 26, 2009). A link to the new regulations is provided below.

http://frwebgate2.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=OvRJay/0/1/0&WAISaction=retrieve

The proposal includes regulations implement a Title II employee's right to take up to 26 administrative workweeks of FMLA leave a year to care for a member of the Armed Forces who is injured in the line of duty while on active duty (military caregiver leave). It also amends the rules on advancing sick leave, including sick leave that may be substituted for unpaid military caregiver leave.

The OPM is also proposing organizational changes to the existing sick leave and FMLA regulations "to enhance reader understanding and administration of these programs.

SIGNIFICANTLY, the OPM also announced that it was considering whether a comprehensive review of the OPM's FMLA regulations is needed to identify any problems or concerns that stakeholders have encountered. OPM specifically asks agencies for their recommendations on what significant changes, if any, are needed within the existing OPM FMLA regulatory framework.

Comments regarding the proposed FMLA regulations must be received on or before October 26, 2009. To submit comments, you must use RIN number "3206-AL91." Comments may be submitted by the following methods:

Federal eRulmaking Portal: http://www.regulations.gov. Follow the instructions.

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: Doris Rippey by telephone at (202) 606-2858; by fax at (202) 606-0824; or by e-mail at pay-performance-policy@opm.gov

Mr. Bosland Comments: Once I review the regulations I will issue another post.

All stakeholders (federal agencies, unions, employee associations, enforcement agencies) are not going to want to pass up the chance to influence the shaping of the Title IIFMLA regulations.

Speak now or forever hold your peace!

Full post as published by New York Public Personnel Law on September 04, 2009 (boomark / email).