Federal GLOBE Position on the
Family Medical Leave Act Final
Regulations
1. Final regulations issued December 2, 1994 on the use and
recredit of sick leave for full-time Federal employees and
issued pursuant to the Federal Employees Family Friendly Leave
Act (FFLA)(Pub. L. No. 103-388) included the broader definition
of "family member" used in the Federal leave sharing program.
As defined therein, "family member" included "any individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship."
2. Final regulations issued December 5, 1996 on family and
medical leave for non-Federal and certain Federal employees and
issued pursuant to the Family Medical Leave Act (FMLA)(Pub. L.
No. 103-3) incorrectly conflates the word "spouse" with the
term "family member." In addition, this articulation creates
inconsistent and unnecessary differentiations among classes of
Federal employees in the use of similar benefits. It also
raises administrative barriers to the implementation of the
family-friendly spirit of both laws which have a similarity of
purpose.
3. This action represents an erosion in the family and medical
leave rights of Federal employees and a reversal of the
Administration's prior position as articulated in the FFLA
regulations. This late change to the definition of "family
member" was not put forth for comment in the proposed rule
stage and, thus, represents an end-run by OPM of the general
public vetting process to which such administrative rules are
subject.
4. As stated in the regulation, this action is based on the
Defense of Marriage Act (DOMA) (Pub. L. No. 104-199). DOMA is
by its own terms limited strictly to defining the parameters of
marriage and should not be extended by agency action to
defining the parameters of "family" or "family member" for
purposes of medical leave or otherwise.
5. It is Federal GLOBE's position that this action is
specifically directed at same-sex couples, represents another
in a series of efforts of the conservative right in this country
to deny equal application of the law to gay, lesbian, and
bisexual individuals, and is based on constitutionally
questionable authority. We call upon the White House to
withdraw this rule and to instruct OPM to apply DOMA narrowly.