Supporting Access to Leave for Federal Employees

Impact dates

1. Feb 2, 2024

   Agency heads report progress on implementation to President

2. Jul 31, 2023

   OPM recommendations on leave for survivors of domestic violence, sexual assault, stalking

Key directives

• Agency heads encouraged to provide leave without pay for bonding, caregiving, health conditions, military family needs, and bereavement, including during first year of service
• OPM and OMB Deputy Director for Management shall support agencies in implementation
• Agency heads must report progress to President through White House Gender Policy Council within 1 year
• OPM shall provide recommendations within 180 days on paid/unpaid leave for survivors of domestic violence, dating violence, sexual assault, or stalking
• OPM Director authorized and directed to publish memorandum in Federal Register

Who is ordered

• Director of OPM · OPM
• Director of OMB (through Deputy Director for Management) · Office of Management and Budget
• Heads of Executive Departments and Agencies · Various
• Assistant to the President and Director of the White House Gender Policy Council · White House

Timeline

Risks & tensions

• Language is permissive ('encouraged to consider') rather than mandatory, creating implementation uncertainty
• Section 4(c) explicitly disclaims creating enforceable rights, limiting employee recourse
• Subject to availability of appropriations may constrain agency action
• Vague on whether first-year employees currently ineligible for FMLA will gain new statutory rights or only discretionary agency practice