Presidential Document2023-02670
Supporting Access to Leave for Federal Employees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 7, 2023
Signed
February 2, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Presidential Documents]
[Pages 7833-7835]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02670]
Presidential Documents
Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 7833]]
Memorandum of February 2, 2023
Supporting Access to Leave for Federal Employees
Memorandum for the Heads of Executive Departments and
Agencies
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to strengthen the Federal
Government as a model ``employer, it is hereby ordered
as follows:
Section 1. Policy. Workers must have access to paid
leave when they face a medical or caregiving need that
affects their ability to work. Yet, the United States
is one of the few countries in the world that does not
guarantee paid leave--and 92 percent of the Nation's
lowest wage workers, who are disproportionately women
and workers of color, lack access to paid family leave
through their employer. Lack of access to paid family
and medical leave can risk the health, well-being, and
economic security of workers and their families. Paid
leave policies benefit both employees and employers and
will strengthen our economy as a whole. That is why my
Administration supports a national, comprehensive paid
family and medical leave program that will ensure that
workers have access to paid leave to bond with a new
child; care for a seriously ill loved one; deal with a
loved one's military deployment; heal from the worker's
own serious illness; grieve the death of a loved one;
or seek safety and recover from domestic violence,
dating violence, sexual assault, or stalking. In
addition to recognizing the importance of access to
paid leave, my Administration acknowledges that unpaid
leave can serve as a critical stopgap, allowing
individuals to maintain their employment while
attending to family or medical needs.
As the Nation's largest employer, the Federal
Government must be a model for providing leave
policies, both paid and unpaid, that allow employees
time away from work to care for themselves or a loved
one. Being a model employer includes updating our
workplace policies and practices to reflect the
emerging needs of our workforce today and tomorrow. It
also requires recognizing an employee's important
caregiving relationships with family members, including
extended family and other individuals with equivalent
relationships. In addition, Federal employees need
access to extended family and medical leave,
particularly during their first year of Federal service
when they may not have accrued sufficient leave and are
not yet eligible for leave under the Family and Medical
Leave Act of 1993. By supporting Federal employees'
access to leave throughout their service, the Federal
Government will strengthen its ability to recruit,
hire, develop, promote, and retain our Nation's talent
and address barriers to equal opportunity, especially
with respect to women's participation in the Federal
workforce.
Sec. 2. Supporting Federal Employees' Access to Leave
Without Pay. (a) In furtherance of the policy set forth
in section 1 of this memorandum, the heads of executive
departments and agencies (agencies) are encouraged to
consider providing leave without pay for Federal
employees, as appropriate and consistent with
applicable law, including in the following
circumstances:
(i) to bond with a new child, to care for a family member with a serious
health condition, to address an employee's own serious health condition, or
to help manage family affairs when a family member is called to active
duty, including during an employee's first year of service; and
(ii) bereavement after the death of a family member, including during an
employee's first year of service.
[[Page 7834]]
(b) The Director of the Office of Personnel
Management (OPM) and the Director of the Office of
Management and Budget, through the Deputy Director for
Management, shall support agencies in carrying out
subsection (a) of this section.
(c) Agency heads, or their designees, shall inform
the President, through the Assistant to the President
and Director of the White House Gender Policy Council,
on progress towards implementation of this memorandum
within 1 year of its issuance.
Sec. 3. Supporting Federal Employees' Access to Paid
and Unpaid Leave to Seek Safety and Recover from
Domestic Violence, Dating Violence, Sexual Assault, or
Stalking. Consistent with applicable law, the Director
of OPM shall provide recommendations to the President,
through the Assistant to the President and Director of
the White House Gender Policy Council, within 180 days
of the date of this memorandum, regarding actions OPM
and agencies may take to support Federal employees'
access to paid leave, such as sick leave, or leave
without pay, for purposes related to seeking safety and
recovering from domestic violence, dating violence,
sexual assault, or stalking--including, for example,
obtaining medical treatment (inclusive of mental health
treatment), pursuing assistance from organizations that
provide services to survivors, seeking relocation, or
taking related legal action, as well as assisting a
family member in engaging in any of these activities.
Sec. 4. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
[[Page 7835]]
(d) The Director of OPM is authorized and directed
to publish this memorandum in the Federal Register.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
Washington, February 2, 2023
[FR Doc. 2023-02670
Filed 2-6-23; 8:45 am]
Billing code 6325-39-P
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</html>Indexed from Federal Register on February 7, 2023.
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