5 C.F.R. § 630.1201

Purpose, applicability, and agency responsibilities

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(a) Purpose. This subpart provides regulations to implement sections 6381 through 6387 of title 5, United States Code. This subpart must be read together with those sections of law. Sections 6381 through 6387 of title 5, United States Code, provide a standard approach to providing family and medical leave to Federal employees by prescribing an entitlement to a total of 12 administrative workweeks of unpaid leave during any 12-month period for certain family and medical needs, as specified in § 630.1203(a) of this part. This subpart also provides the basis for determining the periods of unpaid leave for which paid parental leave may be substituted under subpart Q of this part, which must be read with this subpart to establish eligibility.

(b) Applicability. (1) Except as otherwise provided in paragraph (b)(2) of this section, this subpart applies to any employee who—

(i)(A) Is defined as an “employee” under 5 U.S.C. 6301(2); or

(B) Is an employee carrying out screening functions who is appointed under section 111(d) of Public Law 107-71 (49 U.S.C. 44935 note); and

(ii) Has completed at least 12 months of service (excluding any service as an employee identified in paragraph (b)(2) of this section) at any time as—

(A) An employee, as defined under 5 U.S.C. 6301(2);

(B) An employee of the Veterans Health Administration appointed under title 38, United States Code, in occupations listed in 38 U.S.C. 7421;

(C) A “teacher” or an individual holding a “teaching position,” as defined in section 901 of title 20, United States Code;

(D) An employee identified in section 2105(c) of title 5, United States Code, who is paid from nonappropriated funds;

(E) An employee carrying out screening functions who is appointed under section 111(d) of Public Law 107-71 (49 U.S.C. 44935 note); or

(F) An employee performing covered active duty (as defined in 5 U.S.C. 6381(7)(B)) that interrupts civilian service due to a qualifying call or order for deployment to a foreign country as a member of the National Guard or Reserves, to the extent that such active duty is not already creditable service under paragraphs (A) through (E) of this paragraph (b)(1)(ii).

(2) This subpart does not apply to—

(i) An individual employed by the government of the District of Columbia;

(ii) An employee serving under a temporary appointment with a time limitation of 1 year or less;

(iii) An intermittent employee, as defined in 5 CFR 340.401(c); or

(iv) Any employee covered by Title I or Title V of the Family and Medical Leave Act of 1993 (Pub. L. 103-3, February 5, 1993). The Department of Labor has issued regulations implementing Title I at 29 CFR part 825.

(3) For the purpose of applying sections 6381 through 6387 of title 5, United States Code—

(i) An employee of the Veterans Health Administration appointed under title 38, United States Code, in occupations listed in 38 U.S.C. 7401(1) is be governed by the terms and conditions of regulations prescribed by the Secretary of Veterans Affairs;

(ii) A “teacher” or an individual holding a “teaching position,” as defined in section 901 of title 20, United States Code, shall be governed by the terms and conditions of regulations prescribed by the Secretary of Defense; and

(iii) An employee identified in section 2105(c) of title 5, United States Code, who is paid from nonappropriated funds shall be governed by the terms and conditions of regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security, as appropriate.

(4) The regulations prescribed by the Secretary of Veterans Affairs, Secretary of Defense, or Secretary of Homeland Security under paragraph (b)(3) of this section shall, to the extent appropriate, be consistent with the regulations prescribed in this subpart and the regulations prescribed by the Secretary of Labor to carry out Title I of the Family and Medical Leave Act of 1993 at 29 CFR part 825.

(c) Agency responsibilities. The head of an agency having employees subject to this subpart is responsible for the proper administration of this subpart, including the responsibility of informing employees of their entitlements and obligations.

[58 FR 39602, July 23, 1993, as amended at 61 FR 64451, Dec. 5, 1996; 65 FR 26486, May 8, 2000; 85 FR 48089, Aug. 10, 2020]

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 1997–2025 · leading case: Davis v. Thompson, 367 F. Supp. 2d 792 (D. Maryland 2005).

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Davis v. Thompson, 367 F. Supp. 2d 792 (D. Maryland 2005). “§§ 6381 (1); 5 C.F.R. § 630.1201 (b)®. Davis attempts to circumvent this prohibition by arguing that he has a claim under the Administrative Procedure Act (APA), 5 U.”

Keen v. Brown, 958 F. Supp. 70 (D. Conn. 1997). “” 5 CFR § 630.1201 . These regulations do not reference any means of enforcement, while the regulations promulgated by the Department of Labor implementing Title I include a subpart entitled “What Enforcement Mechanisms Does FMLA Provide?” 29 CFR § 825.”

Mann v. Haigh, 120 F.3d 34 (4th Cir. 1997). “§§ 6382 (a)(1); 6381(1)(A); 6301(2)(A); 2105(c)(1)(E); 5 C.F.R. § 630.1201 (b)(ii)(D) (providing that Title II of the FMLA applies to “[a]n employee .”

Adam Damewood v. Dep't of Vets. Affairs (MSPB 2016). “281 , 282 (1984) (an adjudicatory error that is not prejudicial to a party’s substantive rights provides no basis for reversal of an initial decision); compare 5 C.F.R. §§ 630.1201 -.1203, with 29 C.F.”

Jose Rosario-Fabregas v. Dep't of the Army (MSPB 2023). “§ 6301 (2)); 5 C.F.R. § 630.1201 (b)(1)(i)(A); see generally 5 C.”

Chris Bauer v. Dep't of Homeland Sec. (MSPB 2023). “See 5 C.F.R. § 630.1201 (b) (identifying those employees who are subject to the regulations in 5 C.”

Nancy Ford v. Dep't of the Army (MSPB 2024). “” 5 C.F.R. § 630.1201 (c). Regulations implementing FMLA reserve the right to invoke FMLA to the employee rather than the agency.”

Yeh v. Mayorkas (N.D. Cal. 2025). “To the extent that 24 Plaintiff may argue that her contract position, which was extended periodically indicating that she 25 was “at-will” rather than tenured, would render her position a Title I position, she is incorrect 26 because her position was not strictly limited to one…”

— 5 C.F.R. § 630.1201(b)(2)(ii) — 1 case

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