Dod Funds Management Regulation

Family Medical Leave (FMLA) Title I vs. Title II

The Family Medical Leave Act (FMLA) was enacted into law in 1993 to allow up to 12 weeks of time off for employees to care for themselves or immediate family members who had a serious medical condition.  FMLA is not an antidiscrimination law, it is an entitlement law and a very complex one at that. 

Since 1993 this seemingly straight forward entitlement has become a nightmare for managers to administer.  It does not seem like FMLA’s requirements should be so difficult, yet you cannot afford to make a mistake without risking the potential of paying very expensive back pay and benefits, attorney fees, and an overall loss of credibility in management ability to do the right thing.  While the Department of Labor’s Wage and Hour Division was charged with the enabling regulations under Title I, Title II regulations apply to most federal agencies and the Office of Personnel Management (OPM) is responsible for these.

The enabling regulations for FMLA treat private industry and some quasi-government agencies differently than the enabling regulations for other federal agencies.  While the overall regulations for both are quite similar, there are some subtle differences.  These differences require the practitioners and managers to be steered to the appropriate sections of the code of federal regulations to ensure they are receiving the accurate guidance.

Title I coverage applies to certain limited federal employees, including:

Title I also covers employees of the U.S. Postal Service and the Postal Rate Commission. These employees are governed by Department of Labor regulations found in 29 CFR § 2601 and Part 825.  Other specific employees, including non-appropriated fund employees of the Department of Defense and the Coast Guard, DOD teachers, and Veterans Health Administration employees appointed under Title 38, are covered under regulations promulgated by their agencies, which mirror the DOL Title I regulations.

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