For U.S. federal employees, understanding who qualifies as an “Immediate Family Member” is crucial when it comes to utilizing various types of leave, including sick leave, funeral leave, and leave transfer programs. This definition, established by the U.S. Office of Personnel Management (OPM), outlines the relationships that allow employees to take leave to care for or support their loved ones. This guide clarifies these definitions based on the OPM’s regulations, ensuring federal employees are well-informed about their leave entitlements.
Who is Considered a Family Member?
According to OPM regulations, a family member is defined broadly to encompass a wide range of relationships. This inclusive definition recognizes the diverse structures of modern families and ensures employees can support those closest to them. The term family member includes:
- Spouse, and parents thereof: This includes your legal husband or wife, as well as your mother-in-law and father-in-law.
- Sons and daughters, and spouses thereof: This covers your biological, adopted, step, or foster children, as well as their spouses (son-in-law, daughter-in-law).
- Parents, and spouses thereof: This includes your mother, father, step-parents, and parents-in-law.
- Brothers and sisters, and spouses thereof: This covers siblings, step-siblings, and siblings-in-law.
- Grandparents and grandchildren, and spouses thereof: This includes grandparents, step-grandparents, grandchildren, step-grandchildren, and their respective spouses.
- Domestic partner and parents thereof, including domestic partners of any individual in 2 through 5 of this definition: This extends to your domestic partner, their parents, and the domestic partners of your children, parents, siblings, and grandparents.
- Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship: This is a crucial catch-all provision. It recognizes that family is not always defined by legal or biological ties. “Affinity” refers to relationship by marriage, and this clause allows for consideration of close, family-like relationships even with individuals not explicitly listed above. This could include close friends or long-term caregivers who are considered “like family.”
Alt text: Diverse family members of different ages and ethnicities standing together, symbolizing the broad definition of family.
Understanding “Immediate Relative” in Federal Policy
The term immediate relative is also defined by the OPM and, for the purposes of these leave policies (sick leave, funeral leave, voluntary leave transfer, voluntary leave bank, and emergency leave transfer), the definition is identical to that of “family member.” This means that for these specific types of leave, the terms are used interchangeably, offering federal employees a consistent understanding of who they can take leave to support.
The categories for “immediate relative” mirror those of “family member”:
- Spouse, and parents thereof
- Sons and daughters, and spouses thereof
- Parents, and spouses thereof
- Brothers and sisters, and spouses thereof
- Grandparents and grandchildren, and spouses thereof
- Domestic partner and parents thereof, including domestic partners of individuals in categories 1 through 5
- Individuals related by blood or affinity with a close association equivalent to a family relationship
Given the identical definitions for the purpose of these leave policies, federal employees can generally consider “family member” and “immediate relative” to encompass the same individuals when requesting sick leave, funeral leave, or participating in leave transfer programs.
Key Definitions Explained: Parent, Son or Daughter, Domestic Partner, and Committed Relationship
To further clarify the scope of “family member” and “immediate relative,” it’s essential to understand the definitions of “Parent,” “Son or Daughter,” “Domestic Partner,” and “Committed Relationship” as provided by OPM.
Parent
The definition of parent is intentionally broad to cover various parental figures:
- Biological, adoptive, step, or foster parent: This includes individuals with legal and recognized parental roles. It also includes foster parents even if the foster relationship was during the employee’s minority.
- Legal guardian: This refers to someone legally appointed to care for an individual, either currently or when the employee was a minor or required a guardian.
- Person standing in loco parentis: “In loco parentis” refers to someone who stood in the place of a parent. This could be a grandparent, aunt, uncle, or another individual who took on parental responsibilities for the employee when they were a minor or required such care.
- Parent of an employee’s spouse or domestic partner: This extends the definition to include parents-in-law and parents of a domestic partner.
Son or Daughter
Similarly, the definition of son or daughter is inclusive:
- Biological, adopted, step, or foster son or daughter: This covers legally recognized child-parent relationships, including step and foster children.
- Legal ward: This refers to someone under the employee’s legal guardianship, currently or when the individual was a minor or required a guardian.
- Person for whom the employee stands in loco parentis: This applies when the employee takes on parental responsibilities for another individual who is a minor or requires such care.
- Son or daughter of an employee’s spouse or domestic partner: This includes stepchildren and children of a domestic partner.
Alt text: A parent tenderly comforting a child, illustrating the purpose of family leave for care and support.
Domestic Partner and Committed Relationship
The definition of domestic partner and committed relationship is crucial for employees in unmarried partnerships:
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Domestic Partner: Defined as “an adult in a committed relationship with another adult, including both same sex and opposite-sex relationships.”
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Committed Relationship: This is further defined as a relationship where:
- The employee and their domestic partner are each other’s sole domestic partner and are not married to or partnered with anyone else.
- They “share responsibility for a significant measure of each other’s common welfare and financial obligations.” This broad definition acknowledges the reality of shared lives and financial interdependencies in committed partnerships.
- It explicitly includes relationships granted legal recognition by a state or the District of Columbia, such as civil unions.
Important Note: FMLA Exclusion
It is critical to remember that these definitions of “family member” and “immediate relative” do not apply to the Family and Medical Leave Act (FMLA). FMLA has its own specific regulations and definitions, which are clarified by the Department of Labor (DOL). Employees seeking leave under FMLA should consult the specific FMLA guidelines and DOL Administrator’s Interpretation No. 2010-3 for the definition of “son or daughter” under FMLA, especially concerning “in loco parentis” relationships.
Conclusion
Understanding the OPM’s definitions of “family member” and “immediate relative” is essential for federal employees to effectively utilize sick leave, funeral leave, and leave transfer programs. These definitions are intentionally broad and inclusive, recognizing the diverse forms of modern families and committed relationships. By understanding these guidelines, federal employees can confidently request leave to care for and support their loved ones when needed. Always refer to official OPM guidance and your agency’s HR department for the most accurate and up-to-date information regarding leave policies.
References
- 5 CFR 630.201, 630.803, 630.902, 630.1002, and 630.1102
