29CFR825.825.109 - Federal agency coverage.

Content Last Revised: 11/17/2008
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CFR
Code of Federal Regulations Pertaining to ESA

Title 29
Labor

Chapter V
Wage and Hour Division, Department of Labor

Part 825
The Family and Medical Leave Act of 1993

Subpart A
Coverage Under the Family and Medical Leave Act

29 CFR 825.109 - Federal agency coverage.

Section Number: 825.109
Section Name: Federal agency coverage.

    (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. 
Employees of the Government Printing Office are covered by Title II. 
While employees of the Government Accountability Office and the Library 
of Congress are covered by Title I of the FMLA, the Comptroller General 
of the United States and the Librarian of Congress, respectively, have 
responsibility for the administration of the FMLA with respect to these 
employees. Other legislative branch employees, such as employees of the 
Senate and House of Representatives, are covered by the Congressional 
Accountability Act of 1995, 2 U.S.C. 1301.
    (b) The Federal Executive Branch employees within the jurisdiction 
of this part 825 include:
    (1) Employees of the Postal Service;
    (2) Employees of the Postal Regulatory 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 this part 825 if they are not covered by Title II of FMLA.
    (d) Employees of the 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. For example, employees of the 
U.S. Tax Court are covered by this part 825.
    (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.
[73 FR 68077, Nov. 17, 2008]