Work-Life Work/Life FAQs

Each department or agency has discretion to excuse employees from their duties without loss of pay or charge to leave.  OPM advises that the granting of excused absence satisfies one or more of the following criteria: (1) the absence is directly related to the department or agency’s mission; (2) the absence is officially sponsored or sanctioned by the head of the department or agency; (3) the absence will clearly enhance the professional development or skills of the employee in his or her current position; or (4) the absence is brief and is determined to be in the interest of the agency. Ultimately, it is the responsibility of each department or agency head to balance support for employees health/wellness activities with the need to ensure that employees work requirements are fulfilled and that agency operations are conducted efficiently and effectively. That being said excused absence for fitness activities can vary agency to agency; therefore, you should discuss this matter with your local HR or Work/Life office for a definitive answer.  To find your agency’s work/life contacts, use the searchable database at: http://apps.opm.gov/CCLContact/index.aspx. 

Each Federal agency administers its own Employee Assistance Program (EAP); therefore, you will need to contact your agency’s EAP administrator in order to participate.  A searchable database of agency work/life contacts is available at: http://apps.opm.gov/CCLContact/index.aspx.

Section 7(r) of the FLSA (29 U.S.C. 207(r)) and OPM guidance does not require agencies to compensate employees who are granted reasonable break time for expressing milk. However, many agencies already provide employees with compensated breaks (for example, 15 minutes in the morning and 15 minutes in the afternoon) that may be used for any purpose. If an agency already provides such compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time.

The Federal Child Care Subsidy Program (FCCSP), established in 2001 by Public Law 107-67, Sec. 630, allows agencies to use appropriated and revolving funds to help lower income Federal employees pay for child care. Federal agencies choose whether or not they wish to participate, based on considerations such as budget, mission priorities, and the demographics and needs of their employee population.

Most Federal agencies have wellness programs and plans in action.  We recommend you contact your agency’s work/life headquarters office, as they may have resources and programs available for you.  To find your agency’s work/life contacts, use the searchable database at: http://apps.opm.gov/CCLContact/index.aspx. For further information about wellness program development, please review our guide at:  http://www.opm.gov/Employment_and_Benefits/WorkLife/OfficialDocuments/HandbooksGuides/EmployeeHandbook/index.asp.

Under 42 CFR Part 2, any instances of suspected child abuse and neglect must be reported to appropriate State or local authorities. Also, when a client commits, or threatens to commit, a crime that would harm someone else or cause substantial property damage, law enforcement personnel must be informed.

Executive Order 13058, "Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace," bans smoking in front of air intake ducts. In the case of locations such as doorways and in courtyards, agency heads shall evaluate the need to restrict smoking in order to protect workers and visitors from environmental tobacco smoke, and may restrict smoking in these areas. In furtherance of EO13058, smoking is banned in courtyards and within 25 feet of doorways on GSA-controlled properties.

Centers managed by the U.S. General Services Administration (GSA) are required to have a tuition-assistance program.  Employees of Federal agencies and members of the U.S. military may also qualify for federal tuition subsidies based on income.  Click on the appropriate category below to be taken to more information about specific tuition assistance opportunities. U.S. Army U.S. Customs and Border Protection Federal Employees/U.S. Military  Coast Guard

It is true a child is not considered adopted until the adoption is final. Nevertheless, the child would meet the foster child requirement even though the child is not technically residing with you at your permanent home. The effective date would be the first day of the pay period in which you begin living with the child overseas.

Information about your discussions with the EAP cannot be disclosed without your permission. There are regulations (42 CFR Part 2) that require confidentiality, and they provide penalties for unlawful or unauthorized release of information.  However, there may be instances where it will be in an employee's best interests to sign a release of information, e.g., when an employee is seeking accommodation for a certain physical or emotional problem. Another example might be when an employee is involved in a potential disciplinary situation and wishes to show management his or her sincerity in seeking assistance with the problem. Based on this information regarding an employee's involvement in the EAP, a supervisor might decide to hold any disciplinary action in abeyance pending a positive change in the employee's performance or conduct. Under 42 CFR Part 2, any instances of suspected child abuse and neglect must be reported to appropriate State or local authorities. Also, when a client commits, or threatens to commit, a crime that would harm someone else or cause substantial property damage, law enforcement personnel must be informed. More information about confidentiality and EAPs can be found at: http://www.opm.gov/Employment_and_Benefits/WorkLife/OfficialDocuments/HandbooksGuides/Confidentiality_EAP/index.asp.

You must provide the final decree papers.

Executive Order 13058, "Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace," bans smoking in all Executive Branch facilities, all interior space owned, rented, or leased space by the Executive Branch of the Federal government.  There are certain excepted spaces, which include:

1. designated smoking areas. However, effective June 19, 2009, designated smoking areas in GSA-controlled buildings will be eliminated.
2. residential accommodations in buildings owned, leased, rented by the Federal government;
3. portions of Federally-owned buildings leased, rented, or otherwise provided (in their entirety) to non-federal parties; and
4. places of employment in the private sector or in other non-federal governmental units that serve as the permanent or intermittent duty station of one or more Federal employees.

There is no cost to employees who receive counseling and other services provided by the agency's EAP.  Costs for outside treatment and professional services, which can result in personal expense, may be covered by your Federal Employee Health Benefits plan or private insurance. The EAP counselor will work with you to identify the best available outside treatment program and services in line with your individual finances.

Federal employees interested in participating in the Child Care Subsidy program should contact their agency’s Child Care Subsidy Point of Contact (POC).   Employees must submit an application form and be prepared to provide copies of their recent pay stubs and/or latest IRS tax submissions. If a family receives local and/or State child care subsidies, they must indicate the source and the amount on their application.

No. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient, provided that the space is shielded from view and free from any intrusion from co-workers and the public. The location provided must be functional as a space for expressing breast milk. If the space is not dedicated to the nursing mother's use, it must be available when needed in order to meet the requirement in the law and OPM guidance. Of course, agencies may choose to create permanent, dedicated space if they determine that is the best way to meet this requirement.

Beginning in plan year 2011, all FEHB plans must cover four tobacco cessation counseling sessions of at least 30 minutes for at least two quit attempts per year.  This includes proactive telephone counseling, group counseling and individual counseling, and all 7 Food and Drug Administration (FDA)-approved tobacco cessation medications with a doctor's prescription. These benefits must be provided with no copayments or coinsurance and not subject to deductibles, annual or life time dollar limits. Also, your agency may offer an internal tobacco cessation program for its employees.  You agency’s work/life coordinator(s) will be able to provide you with information on any programs offered.  To find your agency’s work/life contacts, use the searchable database at: http://apps.opm.gov/CCLContact/index.aspx. 

In order to be functional, the space must be clean and include a shelf and seat.  However, agencies may provide nursing mothers with a wide array of other amenities, such as an electrical outlet, close proximity to running water, a refrigerator, a hospital-grade breast pump, attachment kits, and other helpful tools.

This Child Care Subsidy Program applies to employees whose children are under the age of 13, or disabled and under the age of 18, and are enrolled, or will be enrolled, in licensed family child care homes or center-based child care. The child care must be licensed and/or regulated by State and/or local authorities.

Consistent with the requirements of section 7(r) of the FLSA, Federal agencies should provide a reasonable amount of break time and a space to express milk as frequently as needed by the nursing mother, for up to 1 year following the birth of the employee's child. The frequency of breaks needed to express breast milk as well as the duration of each break will likely vary. The space provided by the agency cannot be a bathroom, and it must be shielded from view and free from intrusion by coworkers or the public.

Today, more than 110 independently operated, child care centers are located in the U.S. General Services Administration (GSA)-managed spaces across the country.  To find a child care center, visit: http://www.gsa.gov/portal/content/104495. Those seeking child care services should contact the center they are interested in directly.  Centers are independently managed.  Registration requirements and enrollment availability may vary. 

  The Patient Protection and Affordable Care Act (ACA) signed into law on March 23, 2010, amended section 7(r) of the Fair Labor Standards Act (FLSA).  This amendment requires employers to provide a private space, other than a bathroom, for an employee to express breast milk for up to 1 year after the birth of an employee’s child that is shielded from view and free from intrusion from coworkers and the public.  Federal agencies are required to provide employees a private space, permanent or temporary, consistent with these requirements.  To learn more about the programs and policies at your agency, contact your agency’s work-life or worksite lactation coordinator.  You can find your agency's coordinators by searching OPM's Work-Life Contact Database.   For additional information on the Federal privacy requirements under the ACA, please consult the following websites. 

• OPM's Guide for Establishing a Federal Nursing Mother’s Program
• OPM’s Memorandum for Heads of Executive Departments & Agencies on Nursing Mothers in Federal Employment
• U.S. General Services Administration Nursing Mother Space in Federal and Leased Space
• U.S. General Services Administration Lactation Space Support
• U.S. Department of Health and Human Services' Business Case for Breastfeeding
• U.S. Department of Health and Human Services Office on Women’s Health: Breastfeeding
• U.S. Department of Labor: Nursing Mothers
• U.S. Breastfeeding Committee: Workplace Support in Federal Law
• U.S. Department of Health and Human Services' Office on Women's Health Breastfeeding Support: Time and Space Solutions website