Family and Medical Leave Act

Issuing agencies

Abstract

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.

Full Text

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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Rules and Regulations]
[Pages 65437-65441]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21104]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 91, No. 198 / Thursday, October 15, 2026 / 
Rules and Regulations

[[Page 65437]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

[Docket ID: OPM-2026-0463]
RIN 3206-AP18


Family and Medical Leave Act

AGENCY: Office of Personnel Management.

ACTION: Direct final rule.

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SUMMARY: 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.

DATES: This rule is effective December 14, 2026, unless significant 
adverse comments are received by November 16, 2026. If significant 
adverse comments are received, OPM will withdraw the affected 
provisions of this rule and issue a notice of proposed rulemaking.

ADDRESSES: You may submit comments for this direct final rule within 
the Federal eRulemaking Portal at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow 
the instructions for submitting comments.
    All comments must be received by the end of the comment period for 
them to be considered. All comments and other submissions received 
generally will be posted on the internet at <a href="http://regulations.gov">regulations.gov</a> as they are 
received, without change, including any personal information provided. 
However, OPM retains discretion to redact personal or sensitive 
information, including but not limited to personal or sensitive 
information pertaining to third parties.
    A summary of this rule may be found in the docket for this 
rulemaking at <a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Julie Ohr, Office of Personnel 
Management, Workforce Policy and Innovation, (202) 606-2858, 
<a href="/cdn-cgi/l/email-protection#167a7377607366797a7f756f5679667b38717960"><span class="__cf_email__" data-cfemail="4c20292d3a293c2320252f350c233c21622b233a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This direct final rule amends OPM's Family 
and Medical Leave Act (FMLA) regulations in subpart L of part 630 of 
title 5, Code of Federal Regulations (CFR) to reflect statutory changes 
enacted in January 2021 \1\ and December 2023.\2\
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    \1\ Sec. 1103(f) of the William M. (Mac) Thornberry National 
Defense Authorization Act (NDAA) for Fiscal Year 2021, Public Law 
116-283, Jan. 1, 2021, 134 Stat. 3388, 3886.
    \2\ Sec. 1114(a) of NDAA for FY 2024, Public Law 118-31, 
December 22, 2023, 137 Stat. 136, 432.
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I. Background and Effect on Paid Parental Leave

    The Family and Medical Leave Act of 1993, as amended, provides 
eligible employees with unpaid, job-protected leave for specified 
family and medical reasons under one of two separate and independent 
authorities, known as title I and title II of the FMLA. Title II of the 
FMLA added a Family and Medical Leave subchapter V in chapter 63 of 
title 5 of the United States Code (5 U.S.C. chapter 63, subchapter V), 
so it is generally referred to as ``title 5 FMLA.'' Title 5 FMLA is 
administered by OPM and applies to most Federal employees who are 
covered by the Federal leave system under 5 U.S.C. chapter 63 and some 
additional categories of employees. Title I of FMLA (non-title 5 FMLA), 
administered by the Department of Labor (DOL), applies to private 
sector employees, State and local Government employees, as well as some 
Federal employees (including employees of the U.S. Postal Service and 
the Postal Regulatory Commission). DOL's FMLA regulations are found in 
29 CFR part 825 and should not be applied to employees covered by title 
5 FMLA.
    The 2021 and 2023 statutory amendments to the title 5 FMLA law also 
affect an employee's eligibility for paid parental leave (PPL). This is 
because PPL is a type of paid leave that is substituted for unpaid FMLA 
leave. Therefore, to be eligible for PPL, an employee must meet all 
eligibility requirements for use of FMLA leave as a covered 
``employee'' (as defined in 5 U.S.C. 6381(1)(A)) who has completed at 
least 12 months of qualifying service (as required by 5 U.S.C. 
6381(1)(B)). On August 10, 2020, OPM issued interim final FMLA/PPL 
regulations (85 FR 48075) to implement the Federal Employee Paid Leave 
Act (FEPLA),\3\ which authorizes the substitution of up to 12 weeks of 
PPL for unpaid FMLA leave granted in connection with the birth of an 
employee's son or daughter or the placement of a son or daughter with 
an employee for adoption or foster care. (See 5 U.S.C. 6382(a)(1)(A) 
and (B).) To implement FEPLA, OPM added new regulatory subpart Q (Paid 
Parental Leave) in 5 CFR part 630 and made necessary clarifications, 
changes, and additions in subpart L (Family and Medical Leave). Because 
the 2021 and 2023 statutory amendments addressed in this rule affect 
FMLA eligibility, those amendments (and this rule) therefore also 
affect PPL eligibility.
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    \3\ Subtitle A of title LXXVI of division F of the National 
Defense Authorization Act for Fiscal Year 2020, Public Law 116-92, 
Dec. 20, 2019, 135 Stat. 1037.
---------------------------------------------------------------------------

    The 2021 and 2023 statutory amendments to title 5 FMLA were enacted 
after the publication of OPM's interim final FMLA/PPL rule and have 
been implemented through policy guidance in two OPM memoranda to heads 
of agencies titled ``Technical Amendments Related to Family and Medical 
Leave and Paid Parental Leave under Section 1103 of the National 
Defense Authorization Act for Fiscal Year 2021'' (CPM 2021-07, January 
14, 2021) \4\ and ``Amendment Related to Inclusion of Certain Military 
Active Service for Family and Medical Leave and Paid Parental Leave 
Eligibility Purposes under Section 1114 of the National Defense 
Authorization Act for Fiscal Year 2024'' (CPM 2024-05, February 13, 
2024).\5\ The changes made in this direct final rule implement clear 
statutory requirements and codify the guidance found in those 
memoranda.
---------------------------------------------------------------------------

    \4\ <a href="https://www.opm.gov/chcoc/transmittals/2021/Technical%20Amendments%20Related%20to%20Family%20and%20Medical%20Leave%20and%20Paid%20Parental%20Leave%20under%20Section_01-14-2021_508.pdf">https://www.opm.gov/chcoc/transmittals/2021/Technical%20Amendments%20Related%20to%20Family%20and%20Medical%20Leave%20and%20Paid%20Parental%20Leave%20under%20Section_01-14-2021_508.pdf</a>.
    \5\ https://www.opm.gov/chcoc/transmittals/2024/CPBBFA~1.PDF.

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[[Page 65438]]

II. January 2021 Statutory Amendments and Corresponding Regulatory 
Changes

    The January 2021 amendments \6\ to the FMLA law revised 5 U.S.C. 
6301(2)(v), 5 U.S.C. 6381(1)(B) and 5 U.S.C. 6382(d)(1) and (2) and 
became effective on the date of the enactment of Public Law 116-283, 
January 1, 2021. This section further explains each amendment and the 
corresponding regulatory changes.
---------------------------------------------------------------------------

    \6\ Section 1103(f), Public Law 116-283, 134 Stat. 3889.
---------------------------------------------------------------------------

    1. The statutory amendment to section 6301(2)(v) changed the scope 
of employees excluded from coverage under the title 5 FMLA law. Before 
the amendment, section 6301(2)(v) provided that VHA physicians, 
dentists, and nurses in the Department of Veterans Affairs (VA) were 
excluded from the title 5 annual and sick leave system, since they were 
covered by a leave system established under 38 U.S.C. 7421. However, 
the original title 5 FMLA law definition of ``employee'' (5 U.S.C. 
6381(1)) expressly included these employees as covered by title 5 FMLA. 
While these employees were covered by the title 5 FMLA law, OPM's FMLA 
regulations provided that they would be covered by FMLA regulations 
prescribed by the VA Secretary (see 5 CFR 630.1201(b)(3)(i) and (4)), 
which were required to be consistent with the OPM regulations. The 
amended title 5 FMLA law, currently in effect, excludes all VHA 
employees covered by a leave system under 38 U.S.C. 7421 from coverage 
under the title 5 FMLA law. These employees are governed by a FMLA law 
in 38 U.S.C. 7425(c), which requires that VA provide family and medical 
leave in the same manner and subject to the same limitations to the 
maximum extent practicable, as family and medical leave is provided 
under the title 5 FMLA law.
    To conform with the January 2021 amendments to sections 6301(2)(v) 
and 6381(1) OPM is removing 5 CFR 630.1201(b)(3)(i) dealing with VHA 
employees listed in 38 U.S.C. 7401(1) and covered by a leave system 
under 38 U.S.C. 7421, since paragraph (b)(3) concerns employees covered 
by the title 5 FMLA law. OPM is also amending paragraph (b)(4), which 
connects to paragraph (b)(3), to remove the reference to the VA 
Secretary. OPM is redesignating the remaining paragraphs (b)(3)(ii) and 
(iii) as paragraphs (b)(3)(i) and (ii). OPM is adding a new paragraph 
(v) in Sec.  630.1201(b)(2), which lists positions to which the subpart 
L FMLA regulations do not apply. Paragraph (b)(2)(v) provides that 
subpart L does not apply to all VHA employees covered by a leave system 
established under 38 U.S.C. 7421.
    2. The statutory amendment to section 6381(1)(B) broadened FMLA 
coverage by making virtually all types of civilian Federal service 
(including employment on a temporary or intermittent basis) qualifying 
service for purposes of applying the FMLA eligibility requirement of 12 
months of qualifying service. Before the amendment, the 12 months of 
service must have been as an ``employee'' who was covered by the title 
5 FMLA leave provisions (as described in 5 U.S.C. 6381(1)(A))--that is, 
serving in a position in which the employee was eligible to use FMLA 
leave under the title 5 FMLA law. The amended law, currently in effect, 
requires that an employee complete at least 12 months of service as an 
employee (as defined in 5 U.S.C. 2105) of the Government of the United 
States, including service with the United States Postal Service, the 
Postal Regulatory Commission, or a non-appropriated fund 
instrumentality (NAFI) as described in section 2105(c). Thus, virtually 
all types of civilian Federal service (including employment on a 
temporary or intermittent basis) are now qualifying for purposes of 
applying the FMLA eligibility requirement for 12 months of qualifying 
service. (To be eligible to use title 5 FMLA leave, an employee must 
still meet the definition of ``employee'' in 5 U.S.C. 6381(1)(A). For 
example, those currently employed on a temporary or intermittent basis 
remain ineligible to use title 5 FMLA leave.)
    To conform with the amendment to section 6381(1)(B), OPM is 
revising 5 CFR 630.1201(b)(1)(ii)(A) to codify that service as an 
employee under 5 U.S.C. 2105 is qualifying for purposes of applying the 
FMLA eligibility requirement for 12 months of qualifying service. 
Qualifying service includes service by employees serving on a temporary 
or intermittent basis who meet the definition of ``employee'' in 5 
U.S.C. 2105.
    OPM is also adding a paragraph (G) in Sec.  630.1201(b)(1)(ii) to 
address that service with the United States Postal Service or the 
Postal Regulatory Commission is qualifying service. There is an 
existing paragraph (D) in Sec.  630.1201(b)(1)(ii) providing that 
service by a NAFI employee under 5 U.S.C. 2105(c) is qualifying 
service. While section 6381(1)(B) did not address such NAFI service 
before the 2021 statutory amendments, the treatment of NAFI employees 
under the title 5 FMLA law (including the creditability of NAFI service 
towards the 12-month service requirement) was already addressed in 5 
U.S.C. 2105(c)(1)(E) and in OPM FMLA regulations back to 1993.\7\
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    \7\ See 5 CFR 630.1201(b)(3)(iii) as promulgated in the 1993 
regulation at 58 FR 39596, 39603 (July 23, 1993).
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    3. The statutory amendments to section 6382(d)(1) and (2) made 
clear that an employee may substitute annual or sick leave earned under 
an authority outside of title 5, United States Code, for unpaid FMLA 
leave by removing the requirement that the annual or sick leave be 
under the leave system established under 5 U.S.C. chapter 63, 
subchapter I. The law in effect before the amendment only addressed the 
substitution of annual or sick leave credited ``under subchapter I.'' 
The amended law, currently in effect, clarifies that the rules 
governing the substitution of annual or sick leave for unpaid FMLA 
leave apply equally to annual or sick leave provided under a non-title 
5 authority.
    No revision to the regulations governing the substitution of paid 
leave is necessary because Sec.  630.1206(b)(2)(i) and (c)(1) already 
allow annual or sick leave under an ``equivalent annual or sick leave 
under another authority'' to be substituted for unpaid FMLA leave.

III. December 2023 Statutory Amendment and Corresponding Regulatory 
Change

    The December 2023 technical amendment \8\ to the title 5 FMLA law 
revised 5 U.S.C. 6381(1)(B) to allow qualifying military service to 
count toward the 12-month service requirement for FMLA eligibility. 
That amendment became effective on the date of the enactment of Public 
Law 118-31, December 22, 2023. This section further explains the 
amendment and the corresponding regulatory change.
---------------------------------------------------------------------------

    \8\ Sec. 1114(a), Public Law 118-31, Dec. 22, 2023, 137 Stat. 
136, 432.
---------------------------------------------------------------------------

    The statutory amendment to section 6381(1)(B) broadened FMLA 
eligibility by providing that service ``which qualifies as honorable 
active service in the Army, Navy, Air Force, Space Force, or Marine 
Corps of the United States'' is qualifying service for the purpose of 
establishing eligibility for title 5 FMLA leave (and for paid parental 
leave for employees who otherwise qualify based on the birth or 
placement of a child). The law in effect before the 2023 amendment 
required completion of at least 12 months of service ``as an employee 
(as defined in section 2105) of the Government of the United States, 
including service with the United States Postal Service, the Postal 
Regulatory Commission, and a nonappropriated

[[Page 65439]]

fund instrumentality as described in section 2105(c).'' Section 2105 
refers to civilian employees appointed in the civil service. Thus, 
service with an armed force was not qualifying service (other than 
service qualifying under the Uniformed Services Employment and 
Reemployment Rights Act or otherwise performed during an interruption 
in Federal civilian service as described in 5 CFR 
630.1201(b)(1)(ii)(F)). The amended law, currently in effect, allows 
honorable active service in the Army, Navy, Air Force, Space Force, or 
Marine Corps of the United States to count towards the 12-month service 
requirement for establishing eligibility for title 5 FMLA leave (and 
for paid parental leave for employees who otherwise qualify based on 
the birth or placement of a child). Thus, an employee may meet the 12-
month service requirement for title 5 FMLA leave eligibility purposes 
through any combination of qualifying civilian service and qualifying 
military service. Based on the law, qualifying military service does 
not include service in the Coast Guard or in the commissioned corps of 
the Public Health Service.
    OPM is revising 5 CFR 630.1201(b)(1)(ii) by adding a new paragraph 
(H), which addresses qualifying military service. This revision 
conforms to the current statute, as explained below.
    Paragraph (H) allows ``honorable active service in the Army, Navy, 
Air Force, Space Force, or Marine Corps, including full-time National 
Guard duty; or active duty performed by a member of the Reserves of the 
Army, Navy, Air Force, or Marine Corps, but not including service in 
the Coast Guard or in the commissioned corps of the Public Health 
Service'' to be qualifying for purposes of applying the FMLA 
eligibility requirement for 12 months of qualifying service. The 
inclusion of full-time National Guard duty is based on the definition 
of ``active service'' in 10 U.S.C. 101(d)(3), which expressly includes 
``full-time National Guard duty'', which is defined in 10 U.S.C. 
101(d)(5). That definition of ``active service'' also includes service 
on ``active duty,'' which is defined in 10 U.S.C. 101(d)(1) and would 
include active duty performed by a member of the Reserves of the Army, 
Navy, Air Force, or Marine Corps. In the absence of a definition of the 
term ``active service'' as used in 5 U.S.C. 6381(1)(B)(ii), OPM must 
use the standard title 10 definition of that term and related terms. 
This position is reflected in the OPM memorandum (CPM 2024-05, February 
13, 2024) issued regarding the 2023 statutory amendment.
    OPM is also amending Sec.  630.1202 to add definitions of ``active 
duty,'' ``active service,'' and ``full-time National Guard duty,'' each 
of which cross-references the corresponding definition in 10 U.S.C. 
101(d). These definitions support consistent application of paragraph 
(b)(1)(ii)(H) and do not independently expand or restrict the service 
that qualifies under that paragraph.

IV. Expected Impact

1. Statement of Need

    While OPM has issued policy guidance addressing these matters, OPM 
has determined that this regulatory action is necessary to achieve 
greater consistency across agencies. Through publication of this direct 
final rule, OPM is fulfilling its statutory charge in 5 U.S.C. 6387 to 
prescribe regulations that address FMLA leave and PPL. This rule helps 
employees better understand their eligibility for FMLA and PPL, which 
are time-limited benefits.

2. Impact

    This rule will primarily affect Federal agencies that administer 
title 5 FMLA and Federal employees who may qualify for FMLA/PPL. Since 
OPM would be codifying in regulation existing FMLA/PPL statutory 
requirements, OPM does not expect significant changes in the usage of 
those programs. Agencies must follow the statutory amendments. Agencies 
generally follow OPM policies, but having a regulation that aligns with 
the authorizing statute avoids confusion regarding eligibility for 
these important entitlements. Since this proposed rule affects only 
Federal agencies and employees, it would have no substantial impact on 
local economies or labor markets.

3. Costs

    As explained in the Impact section, OPM does not expect the direct 
final rule to result in significant changes in the usage of FMLA/PPL. 
The statutory technical amendments were effective in 2021 and 2023, and 
the associated OPM implementation guidance is already in place. OPM is 
simply incorporating these statutory revisions in regulation to avoid 
conflicting and confusing program administration. Accordingly, OPM does 
not project that costs or savings will result from the direct final 
rule. OPM believes the administrative burdens associated with 
implementing the rule will be de minimis, since agencies are already 
operating under parallel statutory authorities and OPM policies. There 
could be minor administrative cost savings to the extent that codifying 
policies in regulations reduces disputes.

4. Benefits

    This direct final rule amends OPM's FMLA and PPL regulations to 
reflect statutory changes that expanded FMLA/PPL eligibility. This 
direct final rule gives agencies and employees clear regulatory 
authority to make proper determinations regarding FMLA/PPL eligibility, 
improving program integrity and enhancing transparency and 
accountability in the administration of the FMLA/PPL programs. In 
particular, Federal employees with non-title 5 Federal service or 
honorable active military service will benefit from clearer 
regulations.

5. Alternatives

    OPM considered the alternative of not regulating the statutory 
provisions that were already addressed in OPM guidance. OPM concluded 
that to ensure agencies and employees are aware of the updated legal 
authorities, these statutory amendments should be codified in 
regulation. The direct final rule will ensure consistency and proper 
administration of the FMLA/PPL programs.

6. Severability

    If any provision of this direct final rule is held to be invalid or 
unenforceable by its terms, or as applied to any person or 
circumstance, OPM believes that the various provisions should be 
severable and need not be impacted.

V. Regulatory Compliance

1. Notice and Comment

    Changes to the FMLA authorities are technical in nature and not 
subject to notice and comment rulemaking. This rulemaking aligns OPM's 
regulations with 5 U.S.C. chapter 63, subchapter V. The technical 
statutory amendments are clear, not subject to interpretation, and 
implementing guidance has already been issued. This rule does not 
establish new procedures for administering the FMLA/PPL programs.
    In addition to the technical FMLA changes, this rule adds three 
definitions to assist with the administration of these FMLA technical 
amendments. This rule is suitable for direct final rulemaking because 
it is non-controversial and consistent with Federal law and policy. OPM 
does not expect to receive any significant adverse comments related to 
these regulatory updates. These provisions of the rule will be 
beneficial to agencies and employees because they will improve 
compliance in administering the FMLA/PPL programs established in 
current law. The regulatory revisions make no changes to

[[Page 65440]]

the legal obligations or rights of any affected parties (i.e., they 
reflect statutory requirements that are already in effect). OPM 
accordingly finds that it is in the public interest to have this rule 
be effective as soon as possible.
    The changes made by this rule are already effective as outlined in 
OPM's prior guidance memoranda (CPM 2021-07 and CPM 2024-05). If 
significant adverse comments are received, OPM will withdraw the 
affected provisions of this direct final rule and publish a proposed 
rule for comment. A significant adverse comment is one that explains: 
(1) why the rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. If no significant 
adverse comments are received, this direct final rule will become 
effective immediately. Agencies have had sufficient time to make 
changes needed to implement the rule. A comment recommending an 
addition to the rule will not be considered significant and adverse 
unless the comment explains how this direct final rule would be 
ineffective without the addition.

2. Regulatory Review

    OPM has examined the impact of this rule as required by E.O. 12866 
and 13563, which direct agencies to assess all costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to 
select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public, health, and safety effects, 
distributive impacts, and equity). A regulatory impact analysis must be 
prepared for rules that have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. This rulemaking does not reach that 
threshold but has otherwise been designated as a ``significant 
regulatory action'' under section 3(f) of E.O. 12866. This rule is not 
considered an E.O. 14192 regulatory action because it imposes no more 
than de minimis costs.

3. Regulatory Flexibility Act

    The Director of OPM certifies that this rulemaking will not have a 
significant economic impact on a substantial number of small entities 
because the rule will apply only to Federal agencies and employees.

4. Federalism

    This rulemaking will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with E.O. 13132, 
the Director of OPM certifies that this rulemaking does not have 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

5. Civil Justice Reform

    This rulemaking meets the applicable standards set forth in section 
3(a) and (b)(2) of Executive Order 12988.

6. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires that agencies assess anticipated costs and benefits before 
issuing any rule that would impose spending costs on State, local, or 
tribal governments in the aggregate, or on the private sector, in any 1 
year of $100 million in 1995 dollars, updated annually for inflation. 
That threshold is currently approximately $206 million. This rulemaking 
will not result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, in excess of 
the threshold. Thus, no written assessment of unfunded mandates is 
required.

7. Congressional Review Act

    OMB's Office of Information and Regulatory Affairs has determined 
this rule does not satisfy the criteria listed in 5 U.S.C. 804(2). In 
addition, this is a rule relating to agency management or personnel and 
does not come within the meaning of the term ``rule'' as used in 5 
U.S.C. 804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 
does not apply.

8. Paperwork Reduction Act

    This rulemaking does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act (44 U.S.C. chapter 
35).

List of Subjects in 5 CFR Part 630

    Government employees, Wages.

Signing Statement

    The Director of OPM, Scott Kupor, reviewed and approved this 
document and has authorized the undersigned to electronically sign and 
submit this document to the Office of the Federal Register for 
publication.

Office of Personnel Management.
Jerson Matias,
Federal Register Liaison.

    For the reasons stated in the preamble, OPM amends 5 CFR part 630 
as follows:

PART 630--ABSENCE AND LEAVE

0
1. The authority citation for part 630 continues to read as follows:

    Authority: Subparts A through E issued under 5 U.S.C. 6133(a) 
(read with 5 U.S.C. 6129), 6303(e) and (f), 6304(d)(2), 6306(b), 
6308(a) and 6311; subpart F issued under 5 U.S.C. 6305(a) and 6311 
and E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G 
issued under 5 U.S.C. 6305(c) and 6311; subpart H issued under 5 
U.S.C. 6133(a) (read with 5 U.S.C. 6129) and 6326(b); subpart I 
issued under 5 U.S.C. 6332, 6334(c), 6336(a)(1) and (d), and 6340; 
subpart J issued under 5 U.S.C. 6340, 6363, 6365(d), 6367(e), 
6373(a); subpart K issued under 5 U.S.C. 6391(g); subpart L issued 
under 5 U.S.C. 6383(f) and 6387; subpart M issued under Sec. 2(d), 
Pub. L. 114-75, 129 Stat. 641 (5 U.S.C. 6329 note); subpart N issued 
under 5 U.S.C. 6329a(c); subpart O issued under 5 U.S.C. 6329b(h); 
and subpart P issued under 5 U.S.C. 6329c(d).

Subpart L--Family and Medical Leave

0
2. Amend Sec.  630.1201 by:
0
a. Revising paragraph (b)(1)(ii)(A);
0
b. In paragraph (b)(1)(ii)(E), removing the ``or'' at the end;
0
c. In paragraph (b)(1)(ii)(F), removing ``paragraphs (A) through (E) of 
this paragraph (b)(1)(ii).'' and adding in its place ``paragraphs 
(b)(1)(ii)(A) through (E) of this section;'';
0
d. Adding paragraphs (b)(1)(ii)(G) and (H);
0
e. In paragraph (b)(2)(iii), removing the ``or'' at the end;
0
f. In paragraph (b)(2)(iv), removing the period and adding it its place 
``; or'';
0
g. Adding paragraph (b)(2)(v);
0
h. Removing paragraph (b)(3)(i);
0
i. Redesignating paragraphs (b)(3)(ii) and (iii) as paragraphs 
(b)(3)(i) and (ii); and
0
j. In paragraph (b)(4), removing ``Secretary of Veterans Affairs,'' and 
the comma after ``Defense''.
    The revision and additions read as follows:


Sec.  630.1201  Purpose, applicability, and agency responsibilities.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) An employee (as that term is defined in 5 U.S.C. 2105) of the 
Government of the United States;
* * * * *

[[Page 65441]]

    (G) An employee performing service with the United States Postal 
Service or the Postal Regulatory Commission; or
    (H) A member performing honorable active service in the Army, Navy, 
Air Force, Space Force, or Marine Corps, including full-time National 
Guard duty and active duty performed by a member of the Reserves of the 
Army, Navy, Air Force, or Marine Corps, but not including service in 
the Coast Guard or in the commissioned corps of the Public Health 
Service.
    (2) * * *
    (v) An employee of the Veterans Health Administration who is 
covered by a leave system established under 38 U.S.C. 7421 (see also 38 
U.S.C. 7425(c)).
* * * * *

0
3. Amend Sec.  630.1202 by adding, in alphabetic order, the definitions 
for ``Active duty'', ``Active service'', and ``Full-time National Guard 
duty'' to read as follows:


Sec.  630.1202  Definitions.

* * * * *
    Active duty, as used in Sec.  630.1201(b)(1)(ii)(H), has the 
meaning given that term in 10 U.S.C. 101(d)(1).
    Active service has the meaning given that term in 10 U.S.C. 
101(d)(3).
* * * * *
    Full-time National Guard duty has the meaning given that term in 10 
U.S.C. 101(d)(5).
* * * * *
[FR Doc. 2026-21104 Filed 10-14-26; 8:45 am]
BILLING CODE 6325-39-P


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