6/15/10: The Office of Personnel Management (OPM) on June 14, 2010, issued final regulations to modify definitions related to "family member" and "immediate relative" in the context of its rules governing absences and leave.  Under these new regulations, same-sex domestic partners of federal employees will be treated the same as other family members for purposes of sick leave, funeral leave, and similar workplace benefits. 

The union submitted comments endorsing these proposed changes. NTEU saw the changes as positive steps to enhance workforce equality and help make the federal government competitive as a prospective employer. In addition, NTEU supported explicit recognition of the needs of blended and other nontraditional family relationships.

The new regulations, which take effect July 14, 2010, cover the circumstances under which an employee is entitled to take sick leave to care for a “family member” and to take funeral leave in connection with the funeral or memorial service of an “immediate relative.”  Both of those terms are already defined broadly to include individuals who have a close association with the employee akin to a family relationship.  OPM has now added additional examples to make explicit its intent that the terms be defined expansively.  It lists grandchildren, grandparents, step-relatives, legal guardians, legal wards, and those who stand “in loco parentis” to the employee.  In addition, OPM includes same-sex domestic partners, as well as the parents and the children of the domestic partners. 

These new regulatory definitions do not apply to the Family and Medical Leave Act.  Proposed changes to regulations issued under that Act are still pending.