(a) Most employees of the government of the United States, if they
are covered by the FMLA, are covered under Title II of the FMLA
(incorporated in Title V, Chapter 63, Subchapter 5 of the United States
Code) which is administered by the U.S. Office of Personnel Management
(OPM). OPM has separate regulations at 5 CFR Part 630, Subpart L. In
addition, employees of the Senate and House of Representatives are
covered by Title V of the FMLA.
(b) The Federal Executive Branch employees within the jurisdiction
of these regulations include:
(1) Employees of the Postal Service;
(2) Employees of the Postal Rate Commission;
(3) A part-time employee who does not have an established regular
tour of duty during the administrative workweek; and,
(4) An employee serving under an intermittent appointment or
temporary appointment with a time limitation of one year or less.
(c) Employees of other Federal executive agencies are also covered
by these regulations if they are not covered by Title II of FMLA.
(d) Employees of the legislative or judicial branch of the United
States are covered by these regulations only if they are employed in a
unit which has employees in the competitive service. Examples include
employees of the Government Printing Office and the U.S. Tax Court.
(e) For employees covered by these regulations, the U.S. Government
constitutes a single employer for purposes of determining employee
eligibility. These employees must meet all of the requirements for
eligibility, including the requirement that the Federal Government
employ 50 employees at the worksite or within 75 miles.
