[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64345-64346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-231207]
[[Page 64345]]
OFFICE OF PERSONNEL MANAGEMENT (OPM)
Statement of Regulatory Priorities
The Office of Personnel Management's mission is to ensure the Federal
Government has an effective civilian workforce. OPM fulfills that
mission by, among other things, providing human capital advice and
leadership for the President and Federal agencies; delivering human
resources policies, products, and services; and holding agencies
accountable for their human capital practices. OPM's 2009 regulatory
priorities are designed to support these activities.
Adverse Actions
OPM proposes to amend its regulations governing Federal adverse
actions. The proposed amendments would clarify the adverse action rules
regarding reductions in pay and indefinite suspension. In addition, OPM
proposes to remove unnecessary subparts pertaining to statutory
requirements, make a number of technical corrections, and utilize
consistent language for similar regulatory requirements. OPM also
proposes various revisions to make the regulations more readable.
Pay and Leave Flexibilities in Emergency Situations
OPM will continue efforts to improve Federal pay and leave
flexibilities available in emergency situations. Drawing on experiences
and lessons learned in past emergency situations, OPM anticipates
issuing proposed regulations to reorganize and clarify the
administration of advance payments, evacuation payments, and special
allowances.
OPM also anticipates issuing final regulations to entitle an employee
to use sick leave to provide care for a family member when the relevant
health authorities or a health care provider have determined that the
family member's presence in the community would jeopardize the health
of others because of the family member's exposure to a communicable
disease. We anticipate a proposal to permit agencies to advance a
maximum of 240 hours (30 days) of sick leave to an employee if the
employee's presence on the job would jeopardize the health of others
because of exposure to a communicable disease, and to advance a maximum
of 104 hours (13 days) of sick leave to an employee to provide care for
a family member who would jeopardize the health of others by that
family member's presence in the community because of exposure to a
communicable disease.
Benefits for Reservists and their Family Members
OPM will continue to enhance benefits and support work-life balance for
Federal employees whose family members are serving on active duty. OPM
anticipates issuing final regulations to implement section 585(b) of
the National Defense Authorization Act for Fiscal Year 2008 (NDAA)
(Public Law 110-181, January 28, 2008) that amends the Family and
Medical Leave Act (FMLA) provisions in 5 U.S.C. 6381-6383 (applicable
to Federal employees) to provide that a Federal employee who is the
spouse, son, daughter, parent, or next of kin of a covered
servicemember with a serious injury or illness is entitled to a total
of 26 administrative workweeks of leave during a single 12-month period
to care for the covered servicemember. The covered servicemember must
be a current member of the Armed Forces, including a member of the
National Guard or Reserves, who has a serious injury or illness
incurred in the line of duty on active duty for which he or she is
undergoing medical treatment, recuperation, or therapy, is otherwise in
outpatient status, or is otherwise on the temporary disability retired
list. The regulations would also permit an employee to substitute
annual or sick leave, including advanced annual or sick leave, for any
part of the 26-week period of unpaid FMLA leave to care for a covered
servicemember.
OPM will also continue to support Federal civilian employees called to
active duty to further serve our Nation. OPM anticipates issuing
proposed regulations to implement statutory changes that provide a new
benefit to Federal civilian employees who are members of the Reserve or
National Guard and who are called or ordered to active duty. Section
751 of the Omnibus Appropriations Act, 2009 (Public Law 111-8, March
11, 2009) established a new provision in 5 U.S.C. 5538 that became
effective on March 15, 2009. Under this new law, eligible Federal
civilian employees called to active duty may receive a reservist
differential. The reservist differential is equal to the amount by
which an employee's projected civilian ``basic pay'' for a covered pay
period exceeds the employee's actual military ``pay and allowances''
allocable to that pay period. While each employing civilian agency is
responsible for making these payments, OPM, in consultation with the
Department of Defense, is required to issue regulations to implement
the new benefit.
Benefits for a Diverse Workforce
OPM will continue to encourage the recruitment and retention of a
diverse workforce. OPM anticipates issuing final regulations to modify
definitions related to family member and immediate relative for
purposes of use of sick leave, funeral leave, voluntary leave transfer,
voluntary leave bank, and emergency leave transfer. 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. As part of OPM's
continued efforts to support the needs of the Federal workforce during
times of sickness, funerals, and medical or other emergencies, we are
proposing to make the definitions of family member and immediate
relative more explicit to include more examples of relationships that
are covered under the phrase ``[a]ny individual related by blood or
affinity'' whose close association with the employee is the equivalent
of a family relationship. These examples include step-parents and step-
children, grandparents, grandchildren, and same-sex and opposite-sex
domestic partners. By making these definitions more explicit, we would
ensure more consistent application of policy across the Federal
Government and set an example of the Federal Government as a model
employer of a diverse workforce.
Federal Employees Health Benefits Program (FEHB)
OPM is amending its regulations to provide for continuation of health
benefits coverage for certain former Senate restaurant employees who
were transferred to employment with a private contractor. We are also
proposing to change the annual FEHB Program Open Season to November 1
through November 30 of each year. We are also adding a new opportunity
for eligible employees to enroll or change enrollment from self only to
self and family under the Children's Health Insurance Program
Reauthorization Act of 2009. We are also changing the regulations to
allow FEHB plans to offer three options, one of which may be a high
deductible health plan.
[[Page 64346]]
Federal Employees Dental and Vision Insurance Program (FEDVIP)
OPM is issuing final regulations on changes in the Federal Employees
Dental and Vision Insurance Program (FEDVIP). We are amending the
regulations to authorize retroactive enrollment changes when an
enrollee has lost their spouse through death or divorce or their last
eligible child marries or reaches age 22.
Federal Employees Group Life Insurance (FEGLI)
OPM is amending its Federal Employees Group Life Insurance (FEGLI)
regulations to provide for new election opportunities for certain
civilian and Defense Department employees deployed in support of a
contingency operation required by Public Law 110-417; provide for the
continuation of coverage opportunities for Federal employees called to
active duty required by Public Law 110-181; and update the regulations
with other changes, clarifications, and corrections.
Federal Long Term Care Insurance Program (FLTCIP)
OPM is issuing a proposed regulation to amend regulations pertaining to
the Federal Long Term Care Insurance Program (FLTCIP). This proposed
regulation expands coverage eligibility to domestic partners of
eligible Federal employees and annuitants.
Training; Supervisory, Management, Executive Development
On October 30, 2004, the President signed the Federal Workforce
Flexibility Act of 2004 (Act), Public Law 108-411, into law. The Act
makes several significant changes in the law governing the training and
development of Federal employees, supervisors, managers, and
executives. It requires each agency to evaluate, on a regular basis,
its training programs and plans to ensure that its training activities
are linked to the accomplishment of its specific performance plans and
strategic goals, and to modify its training plans and programs as
needed to accomplish the agency's performance and strategic goals.
Another change requires agencies to work with OPM to establish
comprehensive management succession programs designed to develop future
mangers for the agency. It also requires agencies, in consultation with
OPM, to establish programs to provide training to managers regarding
how to relate to employees with unacceptable performance, mentor
employees, use various actions, options and strategies to improve
employee performance and productivity, and conduct employee performance
appraisals. Our proposed revision to the OPM regulations at Parts 410
and 412 of 5 CFR have been designed to address the changes, and in
general to increase the emphasis on employee and executive development
in the Federal Government. The proposed regulations were published for
public comments. OPM expects publication of final regulations by the
end of 2009.
Pay System for Senior Professionals (SL/ST)
OPM proposes to amend rules for setting and adjusting pay of senior-
level (SL) and scientific and professional (ST) employees. The Senior
Professional Performance Act of 2008 changed pay for these employees by
eliminating their previous entitlement to locality pay and providing
instead for rates of basic pay up to the rate payable for level III of
the Executive Schedule (EX-III), or, if the employee is under a
certified performance appraisal system, the rate payable for level II
of the Executive Schedule (EX-II). Consistent with this statutory
emphasis on performance-based pay, these regulations will provide more
flexible rules for agencies to set and adjust pay for SL and ST
employees based primarily upon individual performance, contribution to
the agency's performance, or both, as determined under a rigorous
performance appraisal system.
Job Announcement and Applicant Notification
OPM is proposing to amend the regulations concerning the content of a
job announcement. We are also proposing to add regulations to require
Federal agencies to notify applicants at four points in the hiring
process; to require agencies to use alternative valid assessment tools,
excluding lengthy written essays or narratives of knowledge, skills,
and abilities/competencies, and to require agencies to accept cover
letters and r[eacute]sum[eacute]s as the initial application for a
Federal job. With these changes, OPM plans to streamline the Federal
hiring process and improve an applicant's experience.
BILLING CODE 6325-44-S
