Family and Medical Leave Act
Key claim: Federal workers can count nearly all civilian federal service and certain honorable military service toward FMLA eligibility, may substitute non-title-5 annual or sick leave for unpaid FMLA leave, and some Veterans Health Administration employees are carved out of the title 5 FMLA rules.
Abstract
(Rule · Personnel Management Office) The Office of Personnel Management (OPM) is issuing a direct final rule making technical revisions to OPM’s Family and Medical Leave Act (FMLA) regulations to incorporate various statutory amendments. The rule reflects statutory changes making virtually all Federal civilian service and certain honorable active military service qualify for determining FMLA eligibility, making clear that annual and sick leave provided under an authority outside of title 5, United States Code, may be substituted for unpaid FMLA leave, and excluding certain Veterans Health Administration (VHA) employees from title 5 FMLA coverage.
Why this matters
FMLA eligibility and leave-substitution rules determine when federal workers can take job-protected leave for a birth, serious illness, or family caregiving — and whether that leave is paid or unpaid. By crediting broader prior service (including military time) and allowing substitution of accrued leave, the rule expands practical access to protected leave for many federal employees, while carving some VHA staff out of the title 5 framework entirely.