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Department of Justice Seal

U.S. Department of Justice

                                                                


                                                                                 Washington, D.C. 20530

June 14, 2000

MEMORANDUM FOR BUREAU PERSONNEL OFFICERS

FROM:             Joanne W. Simms
                          Director, Personnel Staff
                          Justice Management Division

SUBJECT:      Final Regulations for Sick Leave for Family Care Purposes

This provides the attached final regulations published by the Office of Personnel Management (OPM) covering Sick Leave for Family Care Purposes.   The effective date of the regulations is June 20, 2000.  In addition, OPM has provided a list of questions and answers on Expanded Use of Sick Leave for Family Care Purposes, and a sheet explaining the highlights of the expanded sick leave use entitlement.   Both of these documents are also attached.  The regulations, and the guidance developed by OPM for implementing them, may be accessed on the OPM web site at www.opm.gov/fedregis/index.htm for the regulations and at www.opm.gov/oca/leave for the guidance.

There are several major points covered by the final regulations of which you should take special notice.  First, the use of up to twelve weeks of accrued sick leave to care for a family member with a serious health condition is an entitlement, just as use of sick leave by an employee for his or her own illness is an entitlement.  The employee must comply with agency notification and medical certification requirements to exercise the entitlement.  Second, the definition of "family member" used for this entitlement is the same as that specified in current sick leave regulations that apply to family care purposes.  Third, the definition of "serious health condition" is the same as that used in the regulations covering administration of the Family and Medical Leave Act of 1993 (FMLA).   Lastly, in administering the new regulations, the same limitations apply to use of sick leave to care for a family member with a serious health condition as apply to use of sick leave for general family care or bereavement purposes.

Members of your staff who have questions concerning these matters may contact Margaret Foskey, of the Personnel Staff's Policy Group, on (202) 514-6778, or via e-mail at Margaret.Foskey2@usdoj.gov.   Employees with questions about the new regulations or other sick leave use matters should be directed to their servicing personnel office for assistance.

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