Feds Upgrade Family Leave: Paid Time Now Counts, Vets Beware!
Published Date: 10/15/2026
Rule
Summary
Starting December 14, 2026, federal workers and some active military members get clearer Family and Medical Leave Act (FMLA) rules. Now, more types of service count toward FMLA eligibility, and you can use certain paid leave instead of unpaid FMLA leave. Some Veterans Health Administration employees won’t be covered under these rules anymore, so check if this affects you!
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
More federal service counts toward FMLA
If you are a Federal employee, virtually all types of civilian Federal service now count toward the 12-month service requirement for title 5 FMLA eligibility. This explicitly includes service with the United States Postal Service and the Postal Regulatory Commission and service credited under 5 U.S.C. 2105; you must still meet the 12-month threshold to qualify.
Honorable active military service can qualify
Honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps now counts toward the 12-month FMLA eligibility requirement, including full‑time National Guard duty and certain Reserve active duty. Service in the Coast Guard and the commissioned corps of the Public Health Service does not qualify.
Temporary/intermittent service counts — but use limits remain
Service performed on a temporary or intermittent basis now counts toward the 12-month qualifying service for title 5 FMLA eligibility. However, employees who are currently serving in temporary or intermittent positions remain ineligible to use title 5 FMLA leave.
Non-title 5 paid leave can be used for FMLA
Annual or sick leave earned under an authority outside of title 5 may be substituted for unpaid title 5 FMLA leave. The rule confirms that paid leave provided under a non-title 5 authority can be used in place of unpaid FMLA leave.
Some VHA employees removed from title 5 FMLA
Employees of the Veterans Health Administration who are covered by a leave system established under 38 U.S.C. 7421 are excluded from title 5 FMLA coverage; those employees are governed instead by the VA provision at 38 U.S.C. 7425(c).
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-19222, Employment in the Excepted Service
The Office of Personnel Management is updating rules for excepted service jobs, including special hiring paths and administrative law judge appointments. These changes make hiring clearer and fairer, keep veterans’ rights safe, and modernize how some jobs convert to career positions. If you work in or apply for these jobs, check out the new rules and share your thoughts by November 17, 2026!
2026-18828, Shared Certificates and Pooled Hiring Actions
Starting October 15, 2026, federal agencies can team up better when hiring by sharing job candidate lists, making the process faster and smoother. This change helps agency leaders work together using shared certificates for both competitive and excepted service jobs. If you’re involved in federal hiring, get ready for easier collaboration and send your feedback by November 16, 2026!
2026-18800, Reduction in Force; Correction
The Office of Personnel Management fixed a mistake in a recent rule about job cuts and career help for federal workers. They accidentally removed important details about who counts as 'displaced' when facing job loss. This correction, effective September 15, 2026, puts those details back so employees know when they qualify for special support during layoffs.
2026-16687, Differential Pay for Prescribed Wildland Fire Activities
Starting September 14, 2026, federal employees who work on planned wildland fires will get a 25% pay boost for their risky fireline duties. This new rule affects General Schedule and Federal Wage System workers who help control these fires, making their tough jobs a bit more rewarding. It’s a win for firefighters who keep our forests safe with planned burns!
2026-15650, Suitability Action Appeals
The Office of Personnel Management (OPM) is issuing final regulations to revise how an applicant, appointee, or employee may appeal a suitability action taken under 5 CFR part 731. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The change will streamline suitability action appeals procedures, thereby improving the efficiency, rigor, and timeliness by which OPM and agencies resolve challenges to suitability actions and ensure the integrity and efficiency of the service.
2026-15666, Reduction in Force Appeals
The Office of Personnel Management (OPM) is issuing final regulations to revise how an employee may appeal a furlough of more than 30 days, separation, or demotion by a reduction-in-force (RIF) action. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The rule establishes a uniform, record-based OPM appeal process; clarifies the appellant's burden; requires production of the complete agency record; preserves collateral statutory remedies; and applies prospectively to improve timeliness, consistency, and cost-effectiveness while maintaining administrative review.
Previous / Next Documents
Previous: 2026-21096, Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Starting October 15, 2026, the FAA is updating flight rules for certain airports to keep flying safe and smooth. Pilots and airlines will see changes to how they approach, take off, and avoid obstacles due to new tech and airspace updates. These tweaks don’t cost extra but make sure everyone stays safe in the skies.
Next: 2026-21106, Fisheries of the Exclusive Economic Zone off Alaska; Pacific Ocean Perch in the Central Regulatory Area of the Gulf of Alaska
Starting October 14, 2026, most fishing boats in the Central Gulf of Alaska can’t keep Pacific Ocean perch as bycatch because the allowed catch limit is reached. Only boats in the Central GOA Rockfish Program with special permits can keep them. This temporary rule helps protect fish populations and runs through the end of 2026, affecting fishermen’s catch and potentially their income.