[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.109]



[Page 751]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 

                                 Apply?

 

Sec.  825.109  Are Federal agencies covered by these regulations?



    (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.



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