NOV 01 2010
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Expanded Family Friendly Leave Policies for Nonappropriated Fund (NAF) Employees
Office of Personnel Management (OPM) Memorandum, June 14, 2010, subject: Final Regulations on Definitions of Family Member, Immediate Relative, and Related Terms.
OPM Memorandum, August 31, 2010, subject: Interpretation of "Son or Daughter" Under the Family and Medical Leave Act (FMLA).
OPM Memorandum, September 10, 2010, Subject: Extension of 24-Hour LWOP Family Support Policy to Same-Sex Domestic Partners of Federal Employees.
Department of Defense Instruction (DoDI) 1400.25, Subchapter (SC) 1406, SC1406.2.2.5.
ARMY Regulation (AR) 215-3, NAF Personnel Policy, 29 August 2003., 29 August 2003.
- Reference 1.a through 1.c expand definitions and leave options for appropriated fund employees to meet their family responsibilities.
These policies have been administratively adopted for NAF employees.
- Reference 1.a. notifies agencies that the OPM has issued final regulations expanding the definitions in 5 C.F.R. part 630 related to "family member and immediate relative" for the use of sick leave, funeral leave, and voluntary leave transfer. The new and expanded definitions of "family member and Immediate Relative" in 5 C.F.R. part 630 now cover grandparents and grandchildren, same-sex and opposite-sex domestic partners, step parents, step children, foster, guardianship, and similar relationships, and the spouses or domestic partners of those covered individuals.
- Under 5. C.F.R. 630.201 (b), a domestic partner is defined as an adult in a committed relationship with another adult, including both the same-sex and opposite-sex relationships. A committed relationship is 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).
- Please note that the new definitions of "family member and immediate relative" do not apply to FMLA. The situations in which an employee can invoke FMLA and the individuals for whom an employee can provide care under the FMLA are specified in law.
- Reference 1.b. clarifies the definition of "son or daughter" under the FMLA as it applies to an employee standing "in loco parentis" to a child. Previous FMLA regulations defined "in loco parentis" situations to include employee with day-to-day responsibilities to care for and provide financial support for a child. The new interpretation includes employees with day-to-day responsibilities to care for or provide financial support for a child.
- Reference 1.c. implements section 1 (a) (vi) of Presidential memorandum, June 2, 2010, subject: Extension of Benefits to Same-Sex Domestic Partners of Federal Employees, Under the extended family support policy referenced in 1.c., regular employees and regularly scheduled flexible (FLEX) employees in a continuing position, who have same-sex domestic partners, may use up to 24 hours of LWOP in a leave year to meet the needs of an employee's same-sex domestic partner or the partners children for (1) school and early childhood educational activities; (2) routine family medical purposes; and (3) elderly relatives' health or care needs. The term "same-sex domestic partner' has the same definition given the term in 5 C.F.R. part 630.
- The 24 hour LWOP provision is also being extended to all regular employees and regularly scheduled FLEX employees, including those with opposite-sex domestic partners, pursuant to the authority to schedule work and manage leave and absences. The term "opposite-sex domestic partner" has the same definition given the term in 5 C.F.R. part 630.
- Activities are reminded to meet any applicable labor relations obligations prior to implementing these policies.
- The point of contact is Ms. Rena Gwyn, NAF Human Resources Policy and Program Division, 703-325-7763 or DSN 221-7763.
//original signed //
Deputy Assistant G-1 for Civilian Personnel
ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY
ARMY NAF HUMAN RESOURCES
U.S. ARMY FORCES COMMAND
U.S. ARMY TRAINING AND DOCTRINE COMMAND
U.S. ARMY MATERIEL COMMAND
U.S. ARMY EUROPE
U.S. ARMY CENTRAL
U.S. ARMY NORTH
U.S. ARMY SOUTH
U.S. ARMY PACIFIC
U.S. ARMY SPECIAL OPERATIONS COMMAND
U.S. ARMY SPACE AND MISSILE DEFENSE COMMAND/ARMY FORCES
EIGHTH US ARMY
U.S. ARMY NETWORK AND ENTERPRISE TECHNOLOGY COMMAND/9TH SIGNAL
U.S. ARMY MEDICAL COMMAND
U.S. ARMY INTELLIGENCE AND SECURITY COMMAND
U.S. ARMY CRIMINAL INVESTIGATION COMMAND
U.S. ARMY CORPS OF ENGINEERS
U.S. ARMY MILITARY DISTRICT OF WASHINGTON
U.S. ARMY TEST AND EVALUATION COMMAND
U.S. ARMY RESERVE COMMAND
U.S. ARMY INSTALLATION MANAGEMENT COMMAND
US ARMY ACCESSIONS COMMAND
DIRECTOR, CIVILIAN HUMAN RESOURCES AGENCY
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
OFFICE, ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE
AFFAIRS), ATTN: SAMR-PO (MS. WARD)
OFFICE OF THE GENERAL COUNSEL, ATTN: SAGC (MS. JOHNSON)
OFFICE OF THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (MS. NUGENT)