Health services for Federal employees are authorized by Title 5, U.S. Code, Section7901. These services are provided to promote the physical and mental fitness of Federal employees. Several legislative initiatives have shaped guidance and implementation of health & wellness programs in the Federal Government.
The information provided below is for informative purposes only. Please seek guidance from the General Counsel’s and/or the policy-making office at your agency before making any determinations related to health promotion programs.
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Employee Wellness Programs (EWPs): A Guide for Agency Leaders
The Employee Wellness Programs (EWPs): A Guide for Agency Leaders establishes parameters for Employee Wellness Programs and provides agency leaders with resources for themselves, as well as resources to share with their coordinators and supervisors, and employees, and to equip agency leaders with the information needed to ensure their employees are aware of and have access to the appropriate resources and aids needed to support them.
Health Services Authorized by Title 5, U.S. Code, Section 7901
Agencies are currently offering a wide variety of health services. Your agency chooses the services that best meet its needs. The level of services will vary from agency to agency. Under Title 5, U.S. Code, Section7901, agencies are authorized to offer the following employee health services (as well as those under “Health Promotion and Prevention”):
Emergency Response/First Aid
Your agency’s qualified medical staff may provide first response and Cardiopulmonary Resuscitation (CPR) for emergencies as well as assessment and initial treatment/first aid to employees who are injured, or become ill during work hours.
Administration of Treatments and Medications
If furnished by the employee and prescribed in writing by his/her personal physician, your agency’s qualified medical staff may administer treatment/medication during working hours.
Physical Examinations
Your agency’s qualified medical staff may administer properly authorized pre-placement and periodic physical examinations to assess an employee’s health status. Based on the results of the exam and/or testing, medical staff may refer employees to the Employee Assistance Program (EAP), private physicians, dentists, and other community health resources.
Environmental Health Hazards Appraisals
Your agency may appraise and report work environment health hazards to department management as an aid in preventing and controlling health risks.
Health Education
Your agency may provide health education to encourage employees to maintain a healthy lifestyle, to understand their risk for disease, and to become aware of appropriate preventive practices. For example, your agency may provide health education through health questionnaires, health risk appraisals, health fairs, newsletters, brochures, and presentations.
Health Services/Intervention Programs
Your agency may provide health intervention programs to promote and maintain physical and mental fitness and to help prevent illness and disease. Health Services/Intervention Programs encourage and enable employees to initiate healthy behavior changes. Your agency may offer group activities and classes, individual counseling, demonstrations, and self-help materials.
Common Subject Areas for Health Education and Intervention Programs
- Smoking Cessation
- Substance Abuse
- Diet & Nutrition
- Exercise
- Back Care
- Cholesterol Management
- Mental Health
- Stress Management
- Weight Control
- Cancer Prevention
- Hypertension Control
Disease Screening Examinations and Immunizations
Specific preventive health screenings or examinations may be sponsored at the workplace to detect the presence or risk of disease. Common workplace screenings include exams for blood pressure, mammography, blood lipids, glucose, vision and hearing. Medical staff may provide employees with immunizations, such as influenza and tetanus.
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Health Promotion and Prevention
Fitness
Executive Order 13266 encourages the expansion of opportunities within the Federal Government for individuals to improve their physical fitness.
Employee Access to Private Fitness Center:U.S. Comptroller General decision B-240371, dated January 18, 1991 addresses whether a Federal agency can purchase access to a private fitness center for its Federal employees.
Interagency Agreement for Providing Health Services:The Economy Act, Title 31, U.S. Code, Section 1535,gives guidance on interagency agreements for health services.
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Employee Welfare and Recreation Organizations/Associations: Agency Relationships with Organizations Representing Federal Employees and Other Organizations (5 CFR part 251) provides regulations governing agency relations with managerial, supervisory, professional, and other organizations that are not labor organizations. This includes Employee Welfare and Recreation Organizations/Associations.
Dues or Fees: Title 5, U.S. Code, Section 5525 and 5 CFR part 550.311(b) address the allotment of dues for organizations.
Bike Commuter Programs
Bicycle Commuter Transportation Subsidies(Title 26, U.S. Code, Section 132(f)) allow for pre-tax transportation subsidies to cover the cost of reasonable expenses incurred during the calendar year for the purchase of a bicycle and accessories, and for repair and storage of a bicycle that is used regularly for a substantial portion of an employee’s commute to and from the workplace.
Tobacco Cessation
Executive Order 13058 establishes a smoke-free environment for Federal employees and members of the public visiting or using Federal facilities.
U.S. Comptroller General decision B-231543, dated February 3, 1989 addresses the use of appropriated funds to pay for agency-sponsored tobacco cessation programs.
Drug-free Federal Workplace Program
Executive Order 12564 requires agencies to establish a drug-free Federal workplace program.
Defibrillators
Defibrillation Program:41 CFR part 102-79.115 provides general guidelines for a public access defibrillation program.
Guidelines for Public Access Defibrillation Programs in Federal Facilities provides a basis of knowledge for Federal agencies as they implement a PAD program.
Lactation Support
Section 4207 of the Patient Protection and Affordable Care Act requires employers (including Federal agencies) to provide employees who are breastfeeding with a reasonable break time and location.
For more guidance on the implementation of this policy, please review OPM’s Nursing Mothers in Federal Employment.
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Physical Space
Buildings
The Facilities Standards for the Public Buildings Service establishes design standards and criteria for new buildings, major and minor alterations, and work in historic structures for GSA owned or leased buildings. You can follow this link for more information on bicycle racks, locker rooms and fitness centers, outdoor eating areas, walkways, and drinking fountains.
Concessions and Vending Operations
The GSA Health and Sustainability Guidelines for Federal Concessions and Vending Operations translate the 2010 Dietary Guidelines for Americans into clear and definitive standards that food service operators can follow to make their operations healthier and more sustainable.
Lactation Support
For more guidance on creating space for nursing mothers in Federal buildings, please review OPM’s Nursing Mothers in Federal Employment.
Facilities to Support Health Promotion in Federal Buildings
41 CFR part 102-79 governs the basic assignment and utilization of space within an Executive agency. Portions relevant to health promotion are:
- §102.79.15: Objectives an Executive agency must strive to meet
- §102-79.30: Allotment of space for fitness programs
- §102-79.35: Elements Federal agencies must address in their planning efforts for establishing fitness programs
Rates and Fees: For information regarding rates and fees for fitness centers inside Executive agencies, go to Title 40, U.S. Code, Section 490(k) and Title 31, U.S. Code, Section 3302.
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Incentives
The following are laws and rulings that give guidance on incentives. Refer to your agency’s General Counsel and policies before implementing an incentives program.
Title 31, U.S. Code, Section 1301(a) specifies that Federal agencies may only use appropriated funds for authorized purposes.
66 Comp. Gen. 356, 359 (1987) applies the “necessary expense” rule and states that agencies have reasonable discretion to determine which expenses are “necessary” as a management tool.
5 CFR parts 451.102 – 451.106 provides guidance for giving awards or incentives to Federal employees.
Executive Order 13589 highlights the importance of selecting appropriate incentive items and understanding the effective use of incentives in health promotion.
Tax Implications: In general, incentives that hold a value low enough so that reporting them for tax purposes would be unreasonable or administratively impractical may be classified as De Minimis Fringe Benefits (Internal Revenue Code (Title 26, U.S. Code, Section 132(e)); 26 CFR part 1.132-6).
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Use of Time for Health Promotion Activities
The Federal personnel system gives employees considerable flexibility in scheduling their hours of work and taking time off for routine medical examinations and preventive screenings. Agencies should review policies and make maximum use of existing work schedules to encourage employees to take advantage of preventive health services. The following are some examples of the work and leave flexibilities available to employees:
Flexible Work Schedules
Leave and other Paid Time Off
Excused Absence
Employees are reminded that the decision to grant excused absence (time) is a matter of agency discretion and approval, based on business conditions at the time. Requests for excused absence must be coordinated with and approved by the agency official in advance. Agency officials must balance the needs of the organization to fulfill their missions when providing employees with appropriate opportunities to participate in health and wellness programs.
For more information on the leave options available to Federal employees, please visit OPM’s Leave Administration page.
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Wellness Memoranda to Agencies
- Human Resources Flexibilities and Authorities for Federal Employees Affected by the Zika Virus
- Coping with Severe Heat and Humidity
- 2016 WellCheck Administration
- National Prescription Drug Take Back Day, Saturday, April 30, 2016
- Release of OPM’s Course: Introduction to Leave, Work-Life, and Workplace Flexibilities
- Notification of CDC Travel Alert Regarding Zika Virus
- National Work & Family Month
- Protecting Our Federal Workforce During the 2015-16 Flu Season
- National Prescription Drug Take-Back Day, September 26, 2015
- World Breastfeeding Week
- 2014 WellCheck Results
- Evaluating Worksite Health & Wellness Programs
- Valuing Employee Health and Wellness
- Human Resources Flexibilities and Authorities for Quarantinable Communicable Diseases and Other Communicable Diseases such as Seasonal Influenza
- Keeping Our Federal Workers Healthy this Flu Season and Beyond
- National Prescription Drug Take-Back Day, Saturday, September 27, 2014
- Enhancing Workplace Flexibilities and Work-Life Programs
- Human Resources Flexibilities and Authorities for Quarantinable Communicable Diseases and Other Communicable Diseases such as Seasonal Influenza
- Federal Workplace Conversations about Mental Health
- Coping with Extremely Cold Weather
- Immunization of Federal Workers with 2013-14 Seasonal Influenza Vaccine
- Release of OPM’s Online Course: “Executive Excellence and Wellness through Strategic Leadership”
- Presidential Proclamation NATIONAL PHYSICAL FITNESS AND SPORTS MONTH, 2013
- National Prescription Take-Back Day, Saturday, April 27, 2013
- Workplace Flexibilities for 2013 Seasonal Influenza
- Nursing Mothers in Federal Employment
- The Role of the Employee Assistance Program during Workforce Restructuring
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