OPM Proposed Rules

The U.S. Office of Personnel Management (“OPM”) proposed two regulations today.

The first proposal would modify OPM’s regulations governing sick leave, funeral leave,voluntary leave transfer, voluntary leave bank, and emergency leave transfer to better define certain affinity relationships with respect to which an employee may use leave. These examples include step-parents and step-children, grandparents, grandchildren, and same sex and opposite-sex domestic partners. Thus, an employee could use leave to attend the funeral of a step parent or to care for a domestic partner.

OPM described this proposal as a clarification of existing guidance designed to implement President Obama’s June 17, 2009 Memorandum on Federal Benefits and Non-Discrimination. OPM explains that its regulation would not impact statutory benefits available under the Family and Medical Leave Act. OPM’s goal is “to make the application of the leave program across the Federal Government as uniform as possible.

The second OPM proposal would “expand eligibility to apply for coverage under the [voluntary, employee pay all] Federal Long Term Care Insurance Program (FLTCIP). Under the proposed regulation, the definition of ‘qualified relative’ is expanded to cover the same sex domestic partners of eligible Federal and U.S. Postal Service employees and annuitants.”

The proposed regulations are open for public comment until November 13, 2009, at regulations.gov.