29 C.F.R. § 825.109

Federal agency coverage

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(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 these regulations 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 these regulations 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 these regulations.

(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.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 1997–2025 · leading case: Coulibaly v. Kerry, 130 F. Supp. 3d 140 (D.D.C. 2015).

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Coulibaly v. Kerry, 130 F. Supp. 3d 140 (D.D.C. 2015). · cites it 3× “See 29 C.F.R. § 825.109 (b). - A federal employee covered by the FMLA cannot be covered by both Title I and Title II, given that -Title I’s “eligible employee” definition expressly excludes all employees falling under Title II.”

Coulibaly v. Tillerson, 273 F. Supp. 3d 16 (D.D.C. 2017). “See 29 C.F.R. §§ 825.109 (b)-(c); see also Russell v.”

Albert v. Runyon, 6 F. Supp. 2d 57 (D. Mass. 1998). “29 C.F.R. § 825.109 (b)(1). An employee may take FMLA leave “[b]e-cause of a serious health condition that makes [her] unable to perform 'the functions of [her] position.”

Mann v. Haigh, 120 F.3d 34 (4th Cir. 1997). “See also 29 C.F.R. § 825.109 (a). Federal employees governed by Title II, such as NAFI employees, are specifically excluded from coverage under Title I.”

Behnamian v. Hirshfeld (E.D. Va. 2022). “”); see also 29 C.F.R. § 825.109 (a) (confirming that the USPTO does not all under any of the federal employee groups excepted from Title II).”

De La Torre v. Becerra (D. Maryland 2025). “See 29 C.F.R. § 825.109 . De La Torre does not dispute that he is a civil service employee, and the Amended Complaint makes plain he has served the Government for more than twelve months.”

Atkins v. Huddleson (N.D. Ala. 2025). “§ 2611 (2)(A)(1); see also 29 C.F.R. § 825.109 (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…”

Harris (D. Maryland 2025). “29 CFR § 825.109 (b)(2); 29 U.S.C. § 2617 (a)(2); see also Golez v.”

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