Last Updated: October 19, 2026 Reading Time: 6 min

Does military service count for federal FMLA? Yes, if it was honorable active service in the Army, Navy, Air Force, Space Force or Marine Corps. That's been the law since December 22, 2023. On October 15, 2026, OPM published a rule that finally writes it into the FMLA regulation, along with two other kinds of service that already count. Here's what counts toward the 12 months, who's left out, and what to check in your own HR record.

What Counts Toward the 12 Months for Federal FMLA

To use FMLA leave as a title 5 federal employee, you need 12 months of "qualifying service." OPM's rule (91 FR 65437) amends 5 C.F.R. § 630.1201(b) so the list now matches the law. Qualifying service includes:

Service Counts? Notes
Federal civilian service as a 5 U.S.C. 2105 employee Yes Includes temporary or intermittent appointments
U.S. Postal Service or Postal Regulatory Commission Yes Counts for a title 5 employee's 12 months
Honorable active service: Army, Navy, Air Force, Space Force, Marine Corps Yes Includes full-time National Guard duty and active duty by Reserve members
Coast Guard Not under this route Counts only if covered by USERRA or performed during an interruption in federal civilian service (OPM guidance)
Public Health Service commissioned corps Not under this route Excluded by name

The rule's own wording on military service: "A member performing honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps, including full-time National Guard duty and active duty performed by a member of the Reserves... but not including service in the Coast Guard or in the commissioned corps of the Public Health Service."

OPM also adds three definitions to § 630.1202. "Active duty," "active service" and "full-time National Guard duty" take their meanings from 10 U.S.C. 101(d). OPM's 2024 guidance memo says the active-service route "excludes any type of inactive duty," so drill weekends don't count under it.

Counting service isn't the same as being covered. Current Postal Service employees use the Department of Labor's FMLA, not title 5. Their old postal service counts only when they later become title 5 employees.

Why the Military Service Rule Isn't New

On service counting, the rule is a codification, not an expansion. OPM says the changes "are already effective as outlined in OPM's prior guidance memoranda (CPM 2021-07 and CPM 2024-05)." Two laws drive them:

  • January 1, 2021: the FY2021 defense authorization act (Pub. L. 116-283) broadened the civilian and postal service that counts.
  • December 22, 2023: the FY2024 defense authorization act (Pub. L. 118-31) added honorable active military service.

So if you're a veteran who joined a federal agency recently, ask your HR office whether your honorable active service has been counted toward your 12 months. OPM's 2024 guidance memo says some employees became "immediately eligible" when the law changed, which means earlier service counts. If your HR office told you that you weren't eligible for FMLA or paid parental leave because only civilian service counts, that answer is out of date. Ask them to recheck your record.

The rule doesn't change the 12-month service requirement or the 12 weeks of leave. Its amendments touch only § 630.1201(b) and the new § 630.1202 definitions.

What It Means for Paid Parental Leave

Paid parental leave rides on FMLA. You use it in place of unpaid FMLA leave after a birth or placement, so the same service rules decide whether you've met its 12-month requirement. OPM's rule says the changes "also affect an employee's eligibility for paid parental leave (PPL)," and that no change to the paid leave substitution regulation is needed.

If you're expecting and you're close to 12 months, count your military, postal and temporary service before assuming you're short. If you still fall short, our guide to paid parental leave before 12 months covers the options. Our federal paid family leave guide covers the rest of the program.

VA Health Care Workers Under 38 U.S.C. 7421

The rule adds a new exclusion: "An employee of the Veterans Health Administration who is covered by a leave system established under 38 U.S.C. 7421." OPM says these employees "are governed by a FMLA law in 38 U.S.C. 7425(c)."

This affects VHA employees whose leave runs under a title 38 section 7421 leave system. It doesn't affect VA employees who are on title 5 leave. If you're not sure which leave system you're on, your VA HR office can tell you.

Key Dates and How to Comment

Date What happens
October 15, 2026 OPM publishes the direct final rule
November 16, 2026 Deadline for significant adverse comments
December 14, 2026 Rule takes effect, unless OPM withdraws provisions

The rule says: "This rule is effective December 14, 2026, unless significant adverse comments are received by November 16, 2026." If such comments arrive, OPM "will withdraw the affected provisions," not necessarily the whole rule.

To comment, go to regulations.gov and search docket OPM-2026-0463. Comments are generally posted publicly as submitted, so leave out personal details.

Plan Your Leave Around FMLA

FMLA leave is unpaid, so employees often combine it with paid leave. Our Federal Leave Optimizer maps out how to use your annual leave around holidays and weekends, and the Federal Leave Accrual Calculator projects how much annual and sick leave you'll have banked by a future date. Neither tool decides FMLA eligibility. Your HR office makes that call from your service record.

Frequently Asked Questions

Does my military service count toward the 12 months for federal FMLA?

Yes, if it was honorable active service in the Army, Navy, Air Force, Space Force or Marine Corps, including full-time National Guard duty and active duty by a Reserve member. Coast Guard and Public Health Service commissioned corps service are excluded from that route. OPM's guidance says they count only if covered by USERRA or performed during an interruption in federal civilian service, so ask HR about your situation. This has been the law since December 22, 2023, and OPM's October 15, 2026 rule writes it into the regulation.

Does this rule mean I can take FMLA sooner starting December 14?

Usually not. OPM says the service-counting changes are already in effect under its 2021 and 2024 guidance memos. The rule puts them into the regulation. If your HR office hasn't been counting your military or postal service, raise it now.

I worked at the Postal Service before my current agency. Does that count?

Yes. Service with the U.S. Postal Service or the Postal Regulatory Commission counts toward the 12 months for a title 5 employee. That's different from being covered: current postal employees aren't under title 5 FMLA.

Does temporary or intermittent federal work count?

Yes. OPM's rule says civilian employment on a temporary or intermittent basis is qualifying service.

Does this affect paid parental leave?

Yes. Paid parental leave is substituted for unpaid FMLA leave, so the same service rules decide whether you've met the 12-month requirement for it. The rule doesn't change OPM's paid leave substitution regulation.

I'm a VA nurse or physician. Am I still under title 5 FMLA?

Not if you're covered by a leave system under 38 U.S.C. 7421. The rule lists those Veterans Health Administration employees as excluded from title 5 FMLA because they're covered by a separate family and medical leave law in 38 U.S.C. 7425(c).

How do I comment on the rule?

Comment at regulations.gov under docket OPM-2026-0463 by November 16, 2026. Comments are generally posted publicly as submitted, so leave out personal details. If OPM receives significant adverse comments, it withdraws the affected provisions, not necessarily the whole rule.

Sources: OPM, Family and Medical Leave Act direct final rule, 91 FR 65437 (Oct. 15, 2026), Federal Register full text, FR Doc. 2026-21104, regulations.gov docket OPM-2026-0463, OPM CPM 2024-05.