Examples of "serious health conditions" include, but are not limited to, heart attacks, heart conditions requiring heart bypass or valve operations, cancers, back conditions requiring extensive therapy or surgical procedures, kidney dialysis, physical therapy, strokes, severe respiratory conditions, spinal injuries, appendicitis, pneumonia, emphysema, severe arthritis, severe nervous disorders, injuries caused by serious accidents on or off the job, clinical depression, recovery from major surgery, final stages of a terminal illness, and Alzheimer's disease.

A "serious health condition" also includes ongoing pregnancy, miscarriages, complications or illnesses related to pregnancy (such as severe morning sickness), the need for prenatal care, childbirth, and recovery from childbirth.

1. Spouse, and parents thereof;
2. Children, including adopted children, and spouses thereof;
3. Parents;
4. Brothers and sisters, and spouses thereof; and
5. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Most Federal employees may use a total of up to 13 days of sick leave each year for family care and bereavement purposes.  The expanded regulations permit employees to use a total of up to 12 weeks of sick leave each year to care for a family member with a serious health condition.  The circumstances under which employees may use more than 13 days of sick leave therefore are more limited.

This benefit will broaden the options available for employees to meet their family responsibilities.  Mothers, fathers, and grandparents (who are raising their grandchildren), and employees caring for their spouses, siblings, or parents will all greatly benefit from this more generous leave benefit.  This benefit also will address the dilemmas faced by parents of special needs children when trying to balance their work and family responsibilities.

Example:

Jo Ann has 840 hours of accrued sick leave.  She used 10 days (80 hours) of sick leave earlier this leave year to care for her daughter who had chicken pox. Last week Jo Ann's mother-in-law underwent emergency heart surgery and will need constant care for several weeks.  Jo Ann may use up to a maximum of 400 hours (480 hour maximum entitlement minus 80 hours already used for family care purposes) to care for her mother-in-law as she recuperates.

Pregnant employees are entitled to use sick leave for prenatal and postnatal medical appointments and any periods of incapacitation as a result of pregnancy and childbirth.  Complicated conditions may require additional sick leave for periods of incapacitation. A new mother is entitled to use up to 12 weeks of leave without pay under the Family and Medical Leave Act of 1993 (FMLA) for childbirth and care of the newborn.  Unpaid leave under the FMLA must be used within 1 year following the date of birth.  In addition, a mother may use up to 13 days of sick leave for well baby appointments and to care for a newborn child during minor illnesses.

Under the final regulations, a new mother may use a total of up to 12 weeks of sick leave to care for a newborn child with a serious health condition.  If the new mother has already used 13 days of sick leave for family care purposes, she will be entitled to use the balance of the 12-week entitlement to sick leave.

A biological father is entitled to use sick leave to care for the biological mother for any period (up to a maximum of 12 weeks) during which she is incapacitated as a result of pregnancy and childbirth.  This includes prenatal and postnatal doctor's examinations, hospitalization, and recovery from childbirth.  In most cases, however, the biological mother's period of incapacitation will be less than 12 weeks (generally 6 weeks).

The new father may use a total of up to 13 days of sick leave for well baby appointments and to care for the newborn during minor illnesses.  A new father may use up to 12 weeks of unpaid leave under the FMLA to care for his healthy newborn and may substitute annual leave for FMLA leave without pay.  If the newborn has a serious health condition, the father may use any remaining portion of the 12-week entitlement to care for that child.

By law (5 U.S.C. 6307), an employee may use accrued sick leave "for purposes relating to the adoption of a child."  An adoptive parent may use sick leave for any purpose that would allow the adoption to proceed, including, but not limited to, appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and for any periods during which an adoptive parent is ordered or required by the adoption agency or by a court to be absent from work to care for the adopted child.  If the adoption agency or court do not impose such a requirement, the employee must use annual leave or leave without pay to care for the adopted child.

In addition, an adoptive parent may use a total of up to 13 days of sick leave for medical appointments and to care for the adopted child during minor illnesses.  If an adoptive parent has not used 13 days of sick leave for general family care purposes, he or she may use a total of up to 12 weeks of sick leave to care for an adopted child with a serious health condition.

The new sick leave policy permits an employee to use sick leave to care for family members who do not meet the definition of "spouse, son or daughter, or parent" under the FMLA.  Theoretically, an employee could use 12 weeks of sick leave to care for a family member who does not meet the "spouse, son or daughter, or parent" definition under the FMLA and, later in the leave year, invoke the FMLA and use leave without pay to care for a "spouse, son or daughter, or parent."  However, we believe most employees who are now using FMLA leave without pay will choose to substitute their available sick leave for periods of unpaid leave under the FMLA to care for a spouse, son or daughter, or parent with a serious health condition.

We anticipate that only a small percentage of the Federal workforce will have a need to use large amounts of sick leave for family care purposes.  In addition, most Federal employees do not have 12 weeks of accrued sick leave available to use for this purpose.

Based on our experience, we believe less than 0.5 percent of the Federal workforce with 5 or more years of Federal service would actually use the maximum 12 weeks of sick leave. Federal employees accrue 13 days of sick leave each year.  Although it is possible for an employee not to use any sick leave for 5 years so that he or she would accumulate 65 days (more than 12 weeks) of sick leave to use for family care purposes, this is highly unlikely.

We believe the ability to use additional sick leave will encourage employees to conserve their sick leave as insurance against the possibility that they will need to care for a family member in the future.  In addition, the expanded use of sick leave for family care purposes will provide many benefits.  Agencies will retain valuable employees and benefit from reduced costs (including training costs) to replace employees forced to separate from Federal service because of family responsibilities.  In addition, there will be less need for employees to obtain donated leave through the voluntary leave transfer and leave bank programs, since a potential leave recipient faced with a family medical emergency will be required to use his or her own sick leave before receiving any donated annual leave from other Federal employees.

In addition, the purpose for which the additional sick leave may used--i.e., a serious health condition--will limit the circumstances in which employees can use sick leave under the fianl regulations.  We believe this expanded entitlement will provide the greatest benefit to employees who would otherwise be forced to use leave without pay under the FMLA to care for their family members.  The expanded use of sick leave will permit these and other employees facing similar situations to maintain an income for part or all of the time they must be absent from work.