Support LGBT Federal Employees! Support the New Definition of Family!

The U.S. Office of Personnel Management has proposed a change to the definition of “Family” to include same sex domestic partners so that LGBT employees can use vacation and sick leave just as straight people can. These changes would implement Section 1 of President Obama's June 17, 2009 Memorandum on Federal Benefits and Non-Discrimination and ensure that agencies are considering the needs of a widely diverse workforce and providing the broadest support possible to employees to help them balance their increasing work, personal, and family obligations. I’m sure once the right learns that comments are open through 11:59 pm on November 13, they will be all over it. So we have to make sure our folks are writing in too!

You may submit comments, identified by RIN number ``3206-AL93,'' using either of the following methods:

1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
2. US Mail: Jerome D. Mikowicz, Deputy Associate Director, Center for Pay and Leave Administration, U.S. Office of Personnel Management, Room 7H31, 1900 E Street, NW., Washington, DC 20415-8200.

The text of the changes are below. If you go to http://www.regulations.gov and put in any of the following, it should get you there:

1. Document ID: OPM_FRDOC_0001-0338
2. Docket ID: OPM_FRDOC_0001
3. Document Type: proposed rules
4. “Absence and Leave; sick leave

If you choose to comment, you will be asked to fill in your name, etc. I filled it out as “citizen” since I am speaking for myself, but it does ask you to list an organization even if you are commenting as a citizen. I’m a bit confused by this, and wonder if it’s not a programming error on the site. However, I would propose for people who aren’t comfortable with putting “Young Democrats” , "Stonewall Democrats", or even "Democratic Party" as the organization, perhaps retype “Citizen” or “US Citizen” in the organization blank so that your comment goes through.

Please support the Obama Administration and leave positive comments supporting these changes. If you have ways to make the changes stronger, suggest them. Either way, we need to really support President Obama and openly-gay OPM Director John Berry for making this first step toward LGBT equality in the federal government.

OPM's proposed regulations would amend the definition of family member in
part 630, subparts B (Definitions and General Provisions for Annual Leave and
Sick Leave) and I (Voluntary Leave Transfer) and immediate relative in subpart H
(Funeral Leave); and include new definitions for committed relationship,
domestic partner, parent, and son or daughter. We are also making conforming
changes to subparts J (Voluntary Leave Bank Program) and K (Emergency Leave
Transfer Program) because both subparts reference the current definition of
family member. The definitions are being changed as follows.

The current definition of family member at 5 CFR 630.201 and 5 CFR 630.902
reads-- ``Family member means the following relatives of the
employee: (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.''

We are modifying the definition of family member to include domestic
partners, grandparents, and grandchildren.

Our proposed definition reads-- ``Family member means an
individual with any of the following relationships to the employee: ``(1) Spouse, and parents thereof; (2) Sons and daughters, and spouses thereof; (3) Parents,
and spouses thereof; (4) Brothers and sisters, and spouses thereof; (5) grandparents and grandchildren, and spouses thereof; (6) Domestic partner, including domestic partners of any individual in paragraphs (2)-(5) of this definition;
and (7) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.''

We are also defining the terms committed relationship, domestic partner,
parent, and son or daughter. The proposed definition of domestic partner
reads-- ``Domestic partner means an adult in a committed
relationship with another adult, including both same sex and opposite sex
relationships. Committed relationship means that the employee,
and the domestic partner of the employee, are each other's sole domestic partner
(and are not married to or domestic partners with anyone else); and share
responsibility for a significant measure of each other's common welfare and
financial obligations. This includes, but is not limited to, any relationship
between two individuals of the same or opposite sex that is granted legal
recognition by a state or by the District of Columbia as a marriage or analogous
relationship (including, but not limited to a civil union).

The proposed definition of parent reads-- ``Parent means-- (1) A biological, adoptive, step, or foster parent of the employee, or a person who was a foster parent of the employee when the employee was a minor; (2) A person who is the legal guardian of the employee or was the legal guardian of the employee when the employee was a minor or required a legal guardian; or (3) A person who stands in loco parentis to the employee or stood in loco parentis to the employee when the employee was a minor or required someone to stand in loco parentis. (4) A parent, as described in paragraphs (1) through (3) of this definition, of an employee's domestic partner.''

Finally, we are also proposing a definition of son or daughter, which
reads-- ``Son or daughter means-- (1) A biological, adopted, step, or foster son or daughter of the employee; (2) A person who is a legal ward or was a legal
ward of the employee when that individual was a minor or required a legal
guardian; (3) A person for whom the employee stands in loco parentis or stood in loco parentis when that individual was a minor or required someone to stand in loco parentis; or (4) A son or daughter, as described in paragraphs (1) through (3) of this definition, of an employee's domestic partner.''

We are also proposing a new definition of immediate relative for the
purposes of funeral leave under subpart H, which uses the same categories of
relationship as the definition of family member. In order to be consistent with
the definition of family member of subparts B and I, we are also taking the
opportunity to write the definition of immediate relative in the present tense
and to define immediate relative by relationship to the employee rather that by
relationship to the deceased. The proposed definition reads--
``Immediate relative means an individual with any of the following relationships
to the employee: (1) Spouse, and parents thereof; (2) Sons and daughters, and spouses thereof; (3) Parents, and spouses thereof; (4) Brothers and sisters, and spouses thereof; (5) Grandparents and grandchildren and spouses thereof; (6)
Domestic partner, including domestic partners of any individual in paragraphs
(2)-(5) of this definition; and (7) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.''

In the Voluntary Leave Transfer Program regulations in 5 CFR part 630,
subpart I, we are proposing the same change to the definition of family member
and the addition of the same definitions of committed relationship, domestic
partner, parent, and son or daughter as we are proposing in 5 CFR 630.201. In
the voluntary leave bank and emergency leave transfer programs, we are
referencing the changes we are making in the definitions section of the
voluntary leave transfer program.