[Federal Register: May 8, 2000 (Volume 65, Number 89)]
[Rules and Regulations]               
[Page 26483-26487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my00-1]                         

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
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[[Page 26483]]

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN 3206-AI35

 
Family and Medical Leave

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management is issuing final 
regulations on the Family and Medical Leave Act of 1993 to ensure that 
both employees' and agencies' rights are protected and their 
responsibilities fulfilled.

EFFECTIVE DATE: June 7, 2000.

FOR FURTHER INFORMATION CONTACT: Jo Ann Perrini, (202) 606-2858, FAX 
(202) 606-0824, or email to payleave@opm.gov.

SUPPLEMENTARY INFORMATION: Title II of the Family and Medical Leave Act 
of 1993 (FMLA) (Public Law 103-3, February 5, 1993) provides an 
eligible Federal employee with a total of 12 administrative workweeks 
of unpaid leave during any 12-month period for: (a) The birth of a son 
or daughter and care of the newborn; (b) the placement of a child with 
the employee for adoption or foster care; (c) the care of the 
employee's spouse, son or daughter, or parent with a serious health 
condition; or (d) a serious health condition of the employee that makes 
the employee unable to perform the essential functions of his or her 
position. The Office of Personnel Management (OPM) published final 
regulations (61 FR 64441) in subpart L of part 630 of title 5, Code of 
Federal Regulations, to implement Title II of the FMLA. The final 
regulations became effective on January 6, 1997. The Department of 
Labor (DOL) is responsible for implementing Title I of the FMLA for 
non-Federal employees, and its final regulations were published in 29 
CFR part 825 (60 FR 2180, January 6, 1995).
    On August 13, 1998, OPM published proposed regulations (63 FR 
43325) to address the many questions and concerns that continue to be 
received by OPM on employees' and agencies' obligations under the FMLA. 
We received comments from five Federal agencies, one professional 
association, one labor organization, and one individual, for a total of 
eight comments. In addition, we met with the labor organization to 
discuss its concerns. A summary of the comments received and the 
changes made in the regulations are presented below.

Invoking Entitlement to Family and Medical Leave

    The proposed regulations stated that an employee may not 
retroactively invoke his or her entitlement to family and medical 
leave. Three agencies and the individual strongly supported this 
change. The labor organization and the professional association opposed 
the proposed regulations because they viewed them as inconsistent with 
OPM's regulation at 5 CFR 630.1206, which allows an employee to notify 
his or her agency as soon as is practicable if the need for FMLA leave 
is not foreseeable (e.g., a medical emergency). The labor organization 
explained that in medical emergencies, it may be impracticable to 
provide notification until after the leave is taken.
    As stated in OPM's proposed regulations, there is a major 
difference between Title I and Title II of the FMLA in terms of the 
responsibility of an employer versus an employee to invoke entitlement 
to FMLA leave. Under DOL's regulations implementing Title I of the FMLA 
for non-Federal employees, the employer is required to designate leave, 
paid or unpaid, as FMLA leave and to give notice of such designation to 
the employee. In contrast, under OPM's regulations implementing Title 
II of the FMLA for Federal employees, the employee is responsible for 
invoking his or her entitlement to FMLA leave, and the employee may 
choose whether to substitute paid leave, as appropriate, for leave 
without pay under the FMLA. Under 5 CFR 630.1203(h), an agency may not 
subtract leave from the 12-week FMLA leave entitlement unless the 
agency has obtained confirmation from the employee of his or her intent 
to invoke entitlement to FMLA leave.
    The requirement that an employee must initiate action to take FMLA 
leave is consistent with all other Federal leave policies and programs 
in that the employee is responsible for requesting leave or other time 
off from work. We believe it is Congress' intent to provide Federal 
employees with an entitlement to FMLA leave in a fair and equitable 
manner while minimizing the impact of such leave on an employing 
agency. The legislative history establishes an intent to authorize the 
use of leave ``to be taken'' under the FMLA--i.e., on a prospective 
basis. If necessary, an employee may invoke his or her entitlement to 
FMLA leave on the day of the emergency. In the final regulations, we 
have added a sentence to 5 CFR 630.1203(b) to state that an employee 
may not retroactively invoke his or her entitlement to family and 
medical leave.
    We realize that unique situations may require some flexibility in 
meeting this requirement. Therefore, 5 CFR 630.1203(b) of the final 
regulations provides that if an employee or his or her personal 
representative is physically or mentally incapable of invoking the 
employee's entitlement to FMLA leave during the entire period in which 
the employee is absent from work for an FMLA-qualifying purpose, the 
employee may retroactively invoke his or her entitlement to FMLA leave 
within 2 workdays after returning to work. (This change is consistent 
with DOL's regulations at 29 CFR 825.208(e)(1).) In such cases, the 
incapacity of the employee must be documented by a written medical 
certification from a health care provider. In addition, the employee 
must provide documentation acceptable to the agency explaining the 
inability of the personal representative to contact the agency and 
invoke the employee's entitlement to FMLA leave during the entire 
period in which the employee was absent from work for an FMLA-
qualifying purpose.
    The professional association objected to the current practice of 
requiring employees to provide 30 calendar days' notice of their intent 
to take FMLA leave. The association further stated that by not allowing 
employees to seek entitlement to FMLA leave retroactively, OPM is 
barring employees from using

[[Page 26484]]

FMLA leave when they need it most, e.g., in a family medical emergency.
    Under 5 U.S.C. 6382(e), if the need for leave is foreseeable, 
employees are required to provide not less than 30 calendar days' 
notice of their intent to use leave under the FMLA. If leave needs to 
begin in less than 30 calendar days, the employee must give such notice 
as is practicable. OPM's regulations at 5 CFR 630.1206 require an 
employee to provide 30 calendar days' notice when the need for leave is 
foreseeable (e.g., an expected birth or planned medical treatment). If 
the need for leave is not foreseeable (e.g., a medical emergency or the 
unexpected availability of a child for adoption or foster care), and 
the employee cannot provide 30 calendar days' notice of his or her need 
for leave, the employee must provide notice within a reasonable period 
of time appropriate to the circumstances involved. Finally, if the need 
for leave is not foreseeable and the employee is unable, due to 
circumstances beyond his or her control, to provide notice of his or 
her need for leave, the FMLA leave cannot be denied or delayed. Since 
the law and current regulations require notification of the need for 
FMLA leave and allow flexibility for emergency situations, no 
substantive changes were made in the final regulations. However, we 
have modified 5 CFR 630.1206 (a), (c), and (d) to make clear that 
``days'' refers to ``calendar days.''

Additional Evidence

    The proposed regulations would have permitted an agency to require 
that a request for leave under the FMLA be supported by evidence that 
is administratively acceptable to the agency. This provision was 
proposed in response to agency requests to obtain additional evidence 
to support a claim that an employee cared for a spouse, son or 
daughter, or parent with a serious health condition during an absence 
coinciding with the period in which the employee requested FMLA leave. 
Existing OPM regulations permit an agency to require an employee to 
provide evidence that is administratively acceptable when requesting 
leave for (1) the birth of a son or daughter of the employee and the 
care of such son or daughter and (2) the placement of a son or daughter 
with the employee for adoption or foster care.
    Two agencies fully supported this change. The individual 
recommended that all requests for FMLA leave be supported by medical 
evidence, if at all possible. In contrast, the professional association 
and the labor organization opposed our proposal because they believe 
the phrase ``administratively acceptable to the agency'' is too broad 
and leaves the door open for agency abuse. Both the professional 
association and the labor organization stated that this change would 
present an additional hardship for employees undergoing a major crisis. 
The labor organization believes OPM's regulations at 5 CFR 630.1207 
already establish a medical certification process through which an 
agency may require an employee to submit evidence in support of 
requested leave for an employee's serious health condition or that of a 
family member. The labor organization further noted that under 5 U.S.C. 
6307, a medical certification that meets the requirements of the 
statute ``shall be deemed sufficient.''
    After careful consideration, we agree that the regulations should 
not permit an agency to require an employee to submit documentation 
that may be overly burdensome and beyond what is deemed sufficient by 
statute. When an agency suspects employee fraud, it may contact its 
Office of the Inspector General for further investigation. The changes 
proposed in 5 CFR 630.1206(f) were not adopted.

Medical Certification

    The proposed regulations would have required an employee to provide 
written medical certification of a serious health condition no later 
than 15 workdays after the date the agency requests such medical 
certification. Section 630.1207(g) of the proposed regulations provided 
that if an employee was unable to provide the requested medical 
certification before FMLA leave must begin, the agency would be 
required to grant provisional leave pending final written medical 
certification that was to be received no later than 15 workdays after 
the date the FMLA leave began. OPM proposed these time limits to ensure 
that the entitlements provided under the FMLA are provided to all 
Federal employees in a fair and consistent manner.
    Two agencies agreed with OPM's proposed change. The individual 
remarked that 10 workdays would be preferable to 15 because 10 days 
would coincide with a biweekly pay period and payroll start dates. In 
contrast, both the professional association and the labor organization 
stated that OPM's 15-workday time limit was too stringent. The labor 
organization also objected that the proposed regulation would not 
guarantee an employee at least 15 workdays to provide medical 
certification. The labor organization noted that in cases where the 
health care provider does not complete the medical certification even 
after repeated efforts, the employee would be penalized for 
circumstances that are beyond his or her control. The labor 
organization further suggested that OPM adopt DOL's regulation at 29 
CFR 825.305(b), which states that an ``employee must provide the 
requested certification to the employer (which must allow at least 15 
calendar days after the employer's request) unless it is not 
practicable under the particular circumstances to do so despite the 
employee's diligent, good faith efforts.'' The professional association 
believes the agency should be prohibited from requesting medical 
certification until the ``emergency'' situation has ceased.
    We believe it is Congress' intent that, in all circumstances, 
employees be required to provide complete medical certification, when 
requested by an agency, within a reasonable period in view of the 
circumstances involved. We recognize that the proposed regulation would 
not permit any flexibility for an employee who was unable to provide 
medical certification within 15 workdays due to circumstances beyond 
his or her control. Therefore, as suggested by the labor organization, 
we have revised our regulation to model DOL's regulation. We have 
revised 5 CFR 630.1207(g) to require employees to provide medical 
certification of a serious health condition no later than 15 calendar 
days after the date the agency requests the medical certification. 
However, to accommodate situations in which more flexibility may be 
needed, we have added a sentence to 5 CFR 630.1207(g) to provide that 
if it is not practicable under the particular circumstances to provide 
the requested medical certification within 15 calendar days after the 
date requested by the agency despite the employee's diligent, good 
faith efforts, the employee must provide the medical certification 
within a reasonable period of time under the circumstances involved, 
but no later than 30 calendar days after the date the medical 
certification was requested by the agency.
    In most cases, we believe 15 calendar days constitutes an ample 
amount of time within which an employee can obtain written medical 
certification. Establishing a time limit of 30 calendar days in all 
cases for which an employee must provide medical certification provides 
a needed balance between guaranteeing employees ample time to provide 
required medical certification and affirming agencies' authority to 
determine whether FMLA leave is appropriate. If an employee does not 
provide the requested medical certification, the absence is not FMLA

[[Page 26485]]

leave and the agency may charge the employee as absent without leave 
(AWOL) or allow the employee to request annual leave, sick leave, or 
leave without pay, as appropriate, for the period of absence.
    The labor organization also suggested that OPM revise its 
regulations to require an agency to request medical certification at 
the time the employee gives notice of the need for leave or within 2 
business days thereafter, or, in the case of unforeseen leave, within 2 
business days after the leave commences. The labor organization 
believes this would put both the employer and the employee on notice of 
the time frame during which a request for medical certification would 
normally be appropriate. The labor organization believes this addition 
would strike an appropriate balance between the obligations and rights 
of the employer and the employee.
    The requirement to provide medical certification for a serious 
health condition within 15 calendar days cannot begin until after the 
date the agency requests such medical certification. Employees will not 
receive any additional benefits from requiring agencies to request 
medical certification within 2 workdays after the employee's notice of 
FMLA leave. Therefore, we do not believe this additional requirement is 
necessary.

Insufficient Notification and Medical Certification

    The proposed regulations stated that an employee who does not 
comply with the notification requirements in Sec. 630.1206, and who 
does not provide medical certification signed by the health care 
provider that includes all the information required by law and OPM's 
regulations at Sec. 630.1207(b), is not entitled to FMLA leave. 
Further, the employee would not receive any of the employment and 
benefit protections of the FMLA. Two agencies fully supported this 
proposal. The labor organization stated that it would support this 
section if employees' interests were adequately protected as reflected 
in the organization's other recommendations. The labor organization 
believes this provision will put employees on notice of the 
consequences of their failure to meet their responsibilities. We 
believe the changes we have discussed above will provide adequate 
protection to all employees. Therefore, we have revised 5 CFR 
630.1208(l) to state that a employee who does not comply with the 
notification requirements in Sec. 630.1206, and who does not provide 
medical certification signed by the health care provider that includes 
all the information required by law and OPM's regulations at 
Sec. 630.1207(b), is not entitled to FMLA leave.

Holidays

    The proposed regulations stated that any holiday that occurs during 
the period in which an employee is on family and medical leave will be 
counted toward the 12-week FMLA entitlement. One agency supported this 
proposal and recommended adding the phrase ``and any periods of 
administrative dismissal'' to include all periods of authorized 
absence. One agency and the labor organization objected to this 
proposal because no other employee is charged leave on a holiday. The 
labor organization remarked that a Federal employee has a separate 
entitlement to Federal holidays and that to count holidays toward the 
12-week FMLA period would diminish the employee's entitlement to those 
holidays. The labor organization also expressed the view that counting 
holidays within an employee's FMLA leave period would have a 
disproportionate impact on those employees who need FMLA leave for a 
continuous period of weeks as compared to those who use FMLA leave 
intermittently.
    DOL's regulations permit the counting of holidays against the 12-
week entitlement to FMLA leave. In 29 CFR 825.200(f), DOL's regulations 
provide that for purposes of determining the amount of leave used by an 
employee, the fact that a holiday may occur within the week taken as 
FMLA leave has no effect; the week is counted as a week of FMLA leave. 
However, DOL's regulations further explain that if an employer's 
business activity has temporarily ceased and employees are not expected 
to report for work (e.g., a school closing 2 weeks for the Christmas/
New Year's holiday or an employer closing a plant for retooling or 
repairs), the days the employer's activities have ceased do not count 
against an employee's 12-week entitlement to FMLA leave.
    The law (5 U.S.C. 6302(a)) provides that days of leave are days on 
which an employee would otherwise work and receive pay and are 
exclusive of holidays and nonworkdays established by Federal statute, 
Executive order, or administrative order. Upon further consideration, 
we have determined that FMLA leave may be charged only on days on which 
an employee is scheduled to be in a duty status. Therefore, we have 
revised 5 CFR 630.1203(e) to state that any holidays authorized under 5 
U.S.C. 6103 or by Executive order and nonworkdays established by 
Federal statute, Executive order, or administrative order that occur 
during the period in which the employee is on family and medical leave 
will not be counted toward the 12-week entitlement to family and 
medical leave. OPM's regulations are consistent with Congress' intent 
to better enable Federal employees to benefit from the leave provided 
by the FMLA.

``Stacking'' of Leave

    An agency requested guidance on an employee's entitlement to annual 
and sick leave in addition to leave under the FMLA--i.e., the 
``stacking'' of leave. The 12 workweeks of unpaid leave under the FMLA 
are in addition to any annual leave, sick leave, or other paid leave or 
compensatory time off available to an employee, and an employee may 
choose to take FMLA leave in combination with any other available 
leave. We have advised agencies that the best way to manage the 
``stacking'' of leave is to encourage communication between supervisors 
and employees. A supervisor must inform employees of their entitlements 
and responsibilities under the FMLA. When an employee requests leave 
for a personal or family medical situation, the supervisor may want to 
ask up front whether the employee is invoking his or her entitlement to 
FMLA leave.
    Although a supervisor generally cannot deny sick leave if the 
employee provides medical certification, he or she can deny annual 
leave or leave without pay if there is a need for the employee to be at 
work. While the taking of annual leave is a right of an employee, it is 
subject to the right of the supervisor to schedule the time at which 
annual leave may be taken. If an employee requests leave for any of the 
four FMLA-qualifying purposes, the supervisor may ask whether the 
employee is invoking his or her entitlement to FMLA leave. If the 
employee invokes entitlement to FMLA leave, he or she may choose to 
substitute his or her annual leave, or sick leave as appropriate, for 
leave without pay under the FMLA. As a result, both the supervisor and 
the employee are successful in meeting their needs.

SF-71, Request for Leave or Approved Absence

    One agency recommended that the SF-71, Request for Leave or 
Approved Absence, include a block for granting FMLA provisional leave 
pending receipt of final medical certification and that the block 
should also include a statement that the employee must provide the 
requested medical

[[Page 26486]]

certification not later than 15 workdays after the date the agency 
requests the certification. The agency believes this would further 
assist employees and supervisors in meeting their obligations under the 
FMLA.
    In our continuing effort to improve the Federal leave system and in 
response to agencies' recommendations, OPM is considering further 
improvements in the SF-71. We will provide agencies with information on 
the availability of revised forms through OPM's web site at http://
www.opm.gov.

Miscellaneous Changes

    Sections 630.1201(b)(1)(ii)(B) and (b)(3)(i) of title 5, Code of 
Federal Regulations, are being revised as requested by the Department 
of Veterans Affairs to identify employees of the Veterans Health 
Administration who are covered by Title II of the FMLA.
    An agency suggested that 5 CFR 630.1203(a) be revised to clarify 
that medical conditions associated with pregnancy or childbirth must 
meet the requirements for using FMLA leave for a serious health 
condition. Under 5 CFR 630.1203(a), an employee has an absolute 
entitlement to unpaid leave under the FMLA for the birth of a child and 
care of the newborn. In addition, paragraph (1)(ii)(B) of the 
definition of ``serious health condition'' in 5 CFR 630.1202 
specifically includes pregnancy and prenatal care. Finally, if an 
employee elects to substitute sick leave for unpaid leave under the 
FMLA, OPM's regulation at 5 CFR 630.401 authorizes the use of sick 
leave for pregnancy and childbirth. For these reasons, we have not 
adopted the agency's suggestion in the final regulations.
    An agency suggested that in order to avoid confusion, OPM should 
specify throughout 5 CFR part 630, subpart L, whether ``days'' means 
workdays or calendar days. We agree and have edited the regulations to 
state ``calendar days,'' where appropriate.
    An agency suggested that OPM require that the medical certification 
be signed personally by the health care provider. We believe this 
suggestion may place an unnecessary burden on the employee and the 
health care provider. Therefore, we have not adopted this suggestion.
    Finally, we are taking this opportunity to correct an improper 
citation and to clarify Sec. 630.1207(i).

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal employees and agencies.

Family Assessment Certification

    I certify that these regulations would strengthen the stability of 
the family, help families meet their responsibilities, and increase the 
disposable income of families in accordance with section 654 of the 
Treasury and General Government Appropriations Act, 1999, as contained 
in section 101(h) of Public Law 105-277, the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999.

List of Subjects in 5 CFR Part 630

    Government employees.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is amending part 630 of title 5 of the Code of 
Federal Regulations as follows:

PART 630--ABSENCE AND LEAVE

    1. The authority citation for part 630 continues to read as 
follows:

    Authority: 5 U.S.C. 6311; Sec. 630.301 also issued under Pub. L. 
103-356, 108 Stat. 3410; Sec. 630.303 also issued under 5 U.S.C. 
6133(a); Secs. 630.306 and 630.308 also issued under 5 U.S.C. 
6304(d)(3), Pub. L. 102-484, 106 Stat. 2722, and Pub. L. 103-337, 
108 Stat. 2663; subpart D also issued under Pub. L. 103-329, 108 
Stat. 2423; Sec. 630.501 and subpart F also issued under E.O. 11228, 
30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5 
U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I 
also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, 
and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5 
U.S.C. 6362, Pub. L 100-566, and Pub. L. 103-103; subpart K also 
issued under Pub. L. 105-18, 111 Stat. 158; subpart L also issued 
under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M 
also issued under 5 U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92.

Subpart L--Family and Medical Leave

    2. Sections 630.1201(b)(1)(ii)(B) and 630.1201(b)(3)(i) are revised 
to read as follows:

Sec. 630.1201  Purpose, applicability, and administration.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (B) An employee of the Veterans Health Administration appointed 
under title 38, United States Code, in occupations listed in 38 U.S.C. 
7401(1);
* * * * *
    (3) * * *
    (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;
* * * * *

    3. In Sec. 630.1203, paragraph (b) is revised, a new sentence is 
added at the end of paragraph (e), and the first sentence in paragraph 
(h) is revised to read as follows:

Sec. 630.1203  Leave entitlement.

* * * * *
    (b) An employee must invoke his or her entitlement to family and 
medical leave under paragraph (a) of this section, subject to the 
notification and medical certification requirements in Secs. 630.1206 
and 630.1207. An employee may not retroactively invoke his or her 
entitlement to family and medical leave. However, if an employee and 
his or her personal representative are physically or mentally incapable 
of invoking the employee's entitlement to FMLA leave during the entire 
period in which the employee is absent from work for an FMLA-qualifying 
purpose under paragraph (a) of this section, the employee may 
retroactively invoke his or her entitlement to FMLA leave within 2 
workdays after returning to work. In such cases, the incapacity of the 
employee must be documented by a written medical certification from a 
health care provider. In addition, the employee must provide 
documentation acceptable to the agency explaining the inability of his 
or her personal representative to contact the agency and invoke the 
employee's entitlement to FMLA leave during the entire period in which 
the employee was absent from work for an FMLA-qualifying purpose. An 
employee may take only the amount of family and medical leave that is 
necessary to manage the circumstances that prompted the need for leave 
under paragraph (a) of this section.
* * * * *
    (e) * * * Any holidays authorized under 5 U.S.C. 6103 or by 
Executive order and nonworkdays established by Federal statute, 
Executive order, or administrative order that occur during the period 
in which the employee is on family and medical leave may not be counted 
toward the 12-week entitlement to family and medical leave.
* * * * *
    (h) An agency may not put an employee on family and medical leave 
and may not subtract leave from an employee's entitlement to leave 
under paragraph (a) of this section unless the agency has obtained 
confirmation from the employee of his or her intent to

[[Page 26487]]

invoke entitlement to leave under paragraph (b) of this section. * * *

Sec. 630.1206  [Amended]

    4. In Sec. 630.1206 , paragraphs (a), (c), and (d), the word 
``calendar'' is added before the words ``days'' and ``days'.''

    5. In Sec. 630.1207, the second sentence in paragraph (a) is 
removed; paragraphs (h), (i) and (j) are redesignated as paragraphs 
(i), (j), and (k); a new paragraph (h) is added; and the newly 
redesignated paragraph (j) is revised to read as follows:

Sec. 630.1207  Medical certification.

* * * * *
    (h) An employee must provide the written medical certification 
required by paragraphs (a), (d), (e), and (g) of this section, signed 
by the health care provider, no later than 15 calendar days after the 
date the agency requests such medical certification. If it is not 
practicable under the particular circumstances to provide the requested 
medical certification no later than 15 calendar days after the date 
requested by the agency despite the employee's diligent, good faith 
efforts, the employee must provide the medical certification within a 
reasonable period of time under the circumstances involved, but no 
later than 30 calendar days after the date the agency requests such 
medical certification.
* * * * *
    (j) At its own expense, an agency may require subsequent medical 
recertification on a periodic basis, but not more than once every 30 
calendar days, for leave taken for purposes relating to pregnancy, 
chronic conditions, or long-term conditions, as these terms are used in 
the definition of serious health condition in Sec. 630.1202.
* * * * *

    6. In Sec. 630.1208, paragraph (l) is added to read as follows:

Sec. 630.1208  Protection of employment and benefits.

* * * * *
    (l) An employee who does not comply with the notification 
requirements in Sec. 630.1206 and does not provide medical 
certification signed by the health care provider that includes all of 
the information required in Sec. 630.1207(b) is not entitled to family 
and medical leave.

[FR Doc. 00-11385 Filed 5-5-00; 8:45 am]
BILLING CODE 6325-01-P