US (United States) Code. Title 29. Chapter 28: Family and medical leave

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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-CITE-

29 USC CHAPTER 28 - FAMILY AND MEDICAL LEAVE 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

-HEAD-

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

-MISC1-

Sec.

2601. Findings and purposes.

(a) Findings.

(b) Purposes.

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

2611. Definitions.

2612. Leave requirement.

(a) In general.

(b) Leave taken intermittently or on reduced leave

schedule.

(c) Unpaid leave permitted.

(d) Relationship to paid leave.

(e) Foreseeable leave.

(f) Spouses employed by same employer.

2613. Certification.

(a) In general.

(b) Sufficient certification.

(c) Second opinion.

(d) Resolution of conflicting opinions.

(e) Subsequent recertification.

2614. Employment and benefits protection.

(a) Restoration to position.

(b) Exemption concerning certain highly compensated

employees.

(c) Maintenance of health benefits.

2615. Prohibited acts.

(a) Interference with rights.

(b) Interference with proceedings or inquiries.

2616. Investigative authority.

(a) In general.

(b) Obligation to keep and preserve records.

(c) Required submissions generally limited to

annual basis.

(d) Subpoena powers.

2617. Enforcement.

(a) Civil action by employees.

(b) Action by Secretary.

(c) Limitation.

(d) Action for injunction by Secretary.

(e) Solicitor of Labor.

(f) General Accounting Office and Library of

Congress.

2618. Special rules concerning employees of local

educational agencies.

(a) Application.

(b) Leave does not violate certain other Federal

laws.

(c) Intermittent leave or leave on reduced schedule

for instructional employees.

(d) Rules applicable to periods near conclusion of

academic term.

(e) Restoration to equivalent employment position.

(f) Reduction of amount of liability.

2619. Notice.

(a) In general.

(b) Penalty.

SUBCHAPTER II - COMMISSION ON LEAVE

2631. Establishment.

2632. Duties.

2633. Membership.

(a) Composition.

(b) Vacancies.

(c) Chairperson and vice chairperson.

(d) Quorum.

2634. Compensation.

(a) Pay.

(b) Travel expenses.

2635. Powers.

(a) Meetings.

(b) Hearings and sessions.

(c) Access to information.

(d) Use of facilities and services.

(e) Personnel from other agencies.

(f) Voluntary service.

2636. Termination.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

2651. Effect on other laws.

(a) Federal and State antidiscrimination laws.

(b) State and local laws.

2652. Effect on existing employment benefits.

(a) More protective.

(b) Less protective.

2653. Encouragement of more generous leave policies.

2654. Regulations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 3 sections 412, 415.

-End-

-CITE-

29 USC Sec. 2601 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

-HEAD-

Sec. 2601. Findings and purposes

-STATUTE-

(a) Findings

Congress finds that -

(1) the number of single-parent households and two-parent

households in which the single parent or both parents work is

increasing significantly;

(2) it is important for the development of children and the

family unit that fathers and mothers be able to participate in

early childrearing and the care of family members who have

serious health conditions;

(3) the lack of employment policies to accommodate working

parents can force individuals to choose between job security and

parenting;

(4) there is inadequate job security for employees who have

serious health conditions that prevent them from working for

temporary periods;

(5) due to the nature of the roles of men and women in our

society, the primary responsibility for family caretaking often

falls on women, and such responsibility affects the working lives

of women more than it affects the working lives of men; and

(6) employment standards that apply to one gender only have

serious potential for encouraging employers to discriminate

against employees and applicants for employment who are of that

gender.

(b) Purposes

It is the purpose of this Act -

(1) to balance the demands of the workplace with the needs of

families, to promote the stability and economic security of

families, and to promote national interests in preserving family

integrity;

(2) to entitle employees to take reasonable leave for medical

reasons, for the birth or adoption of a child, and for the care

of a child, spouse, or parent who has a serious health condition;

(3) to accomplish the purposes described in paragraphs (1) and

(2) in a manner that accommodates the legitimate interests of

employers;

(4) to accomplish the purposes described in paragraphs (1) and

(2) in a manner that, consistent with the Equal Protection Clause

of the Fourteenth Amendment, minimizes the potential for

employment discrimination on the basis of sex by ensuring

generally that leave is available for eligible medical reasons

(including maternity-related disability) and for compelling

family reasons, on a gender-neutral basis; and

(5) to promote the goal of equal employment opportunity for

women and men, pursuant to such clause.

-SOURCE-

(Pub. L. 103-3, Sec. 2, Feb. 5, 1993, 107 Stat. 6.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 103-3, Feb. 5,

1993, 107 Stat. 6, known as the Family and Medical Leave Act of

1993, which enacted this chapter, sections 60m and 60n of Title 2,

The Congress, and sections 6381 to 6387 of Title 5, Government

Organization and Employees, amended section 2105 of Title 5, and

enacted provisions set out as notes below. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

-MISC1-

EFFECTIVE DATE

Section 405 title IV of Pub. L. 103-3 provided that:

"(a) Title III. - Title III [enacting subchapter II of this

chapter] shall take effect on the date of the enactment of this Act

[Feb. 5, 1993].

"(b) Other Titles. -

"(1) In general. - Except as provided in paragraph (2), titles

I, II, and V and this title [enacting subchapters I and III of

this chapter, sections 60m and 60n of Title 2, The Congress, and

sections 6381 to 6387 of Title 5, Government Organization and

Employees, and amending section 2105 of Title 5] shall take

effect 6 months after the date of the enactment of this Act.

"(2) Collective bargaining agreements. - In the case of a

collective bargaining agreement in effect on the effective date

prescribed by paragraph (1), title I [enacting subchapter I of

this chapter] shall apply on the earlier of -

"(A) the date of the termination of such agreement; or

"(B) the date that occurs 12 months after the date of the

enactment of this Act."

SHORT TITLE

Section 1(a) of Pub. L. 103-3 provided that: "This Act [enacting

this chapter, sections 60m and 60n of Title 2, The Congress, and

sections 6381 to 6387 of Title 5, Government Organization and

Employees, amending section 2105 of Title 5, and enacting

provisions set out above] may be cited as the 'Family and Medical

Leave Act of 1993'."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Family and Medical Leave Act of 1993 is referred to in title

2 sections 1302, 1312, 1371, 1434, 1923; title 3 section 402.

-End-

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29 USC SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2632, 2654 of this

title; title 42 section 12631.

-End-

-CITE-

29 USC Sec. 2611 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2611. Definitions

-STATUTE-

As used in this subchapter:

(1) Commerce

The terms "commerce" and "industry or activity affecting

commerce" mean any activity, business, or industry in commerce or

in which a labor dispute would hinder or obstruct commerce or the

free flow of commerce, and include "commerce" and any "industry

affecting commerce", as defined in paragraphs (1) and (3) of

section 142 of this title.

(2) Eligible employee

(A) In general

The term "eligible employee" means an employee who has been

employed -

(i) for at least 12 months by the employer with respect to

whom leave is requested under section 2612 of this title; and

(ii) for at least 1,250 hours of service with such employer

during the previous 12-month period.

(B) Exclusions

The term "eligible employee" does not include -

(i) any Federal officer or employee covered under

subchapter V of chapter 63 of title 5; or

(ii) any employee of an employer who is employed at a

worksite at which such employer employs less than 50

employees if the total number of employees employed by that

employer within 75 miles of that worksite is less than 50.

(C) Determination

For purposes of determining whether an employee meets the

hours of service requirement specified in subparagraph (A)(ii),

the legal standards established under section 207 of this title

shall apply.

(3) Employ; employee; State

The terms "employ", "employee", and "State" have the same

meanings given such terms in subsections (c), (e), and (g) of

section 203 of this title.

(4) Employer

(A) In general

The term "employer" -

(i) means any person engaged in commerce or in any industry

or activity affecting commerce who employs 50 or more

employees for each working day during each of 20 or more

calendar workweeks in the current or preceding calendar year;

(ii) includes -

(I) any person who acts, directly or indirectly, in the

interest of an employer to any of the employees of such

employer; and

(II) any successor in interest of an employer;

(iii) includes any "public agency", as defined in section

203(x) of this title; and

(iv) includes the General Accounting Office and the Library

of Congress.

(B) Public agency

For purposes of subparagraph (A)(iii), a public agency shall

be considered to be a person engaged in commerce or in an

industry or activity affecting commerce.

(5) Employment benefits

The term "employment benefits" means all benefits provided or

made available to employees by an employer, including group life

insurance, health insurance, disability insurance, sick leave,

annual leave, educational benefits, and pensions, regardless of

whether such benefits are provided by a practice or written

policy of an employer or through an "employee benefit plan", as

defined in section 1002(3) of this title.

(6) Health care provider

The term "health care provider" means -

(A) a doctor of medicine or osteopathy who is authorized to

practice medicine or surgery (as appropriate) by the State in

which the doctor practices; or

(B) any other person determined by the Secretary to be

capable of providing health care services.

(7) Parent

The term "parent" means the biological parent of an employee or

an individual who stood in loco parentis to an employee when the

employee was a son or daughter.

(8) Person

The term "person" has the same meaning given such term in

section 203(a) of this title.

(9) Reduced leave schedule

The term "reduced leave schedule" means a leave schedule that

reduces the usual number of hours per workweek, or hours per

workday, of an employee.

(10) Secretary

The term "Secretary" means the Secretary of Labor.

(11) Serious health condition

The term "serious health condition" means an illness, injury,

impairment, or physical or mental condition that involves -

(A) inpatient care in a hospital, hospice, or residential

medical care facility; or

(B) continuing treatment by a health care provider.

(12) Son or daughter

The term "son or daughter" means a biological, adopted, or

foster child, a stepchild, a legal ward, or a child of a person

standing in loco parentis, who is -

(A) under 18 years of age; or

(B) 18 years of age or older and incapable of self-care

because of a mental or physical disability.

(13) Spouse

The term "spouse" means a husband or wife, as the case may be.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 101, Feb. 5, 1993, 107 Stat. 7; Pub.

L. 104-1, title II, Sec. 202(c)(1)(A), Jan. 23, 1995, 109 Stat. 9.)

-MISC1-

AMENDMENTS

1995 - Par. (4)(A)(iv). Pub. L. 104-1 added cl. (iv).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-1 effective one year after transmission

to Congress of the study under section 1371 of Title 2, The

Congress, see section 1312(e)(2) of Title 2. The study required

under section 1371 of Title 2, dated Dec. 31, 1996, was transmitted

to Congress by the Board of Directors of the Office of Compliance

on Dec. 30, 1996.

EFFECTIVE DATE

Subchapter effective 6 months after Feb. 5, 1993, except that, in

the case of collective bargaining agreements in effect on that

effective date, subchapter applicable on the earlier of (1) the

date of termination of such agreement, or (2) the date that occurs

12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103-3,

set out as a note under section 2601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1312; title 3

section 412; title 42 section 12631.

-End-

-CITE-

29 USC Sec. 2612 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2612. Leave requirement

-STATUTE-

(a) In general

(1) Entitlement to leave

Subject to section 2613 of this title, an eligible employee

shall be entitled to a total of 12 workweeks of leave during any

12-month period for one or more of the following:

(A) Because of the birth of a son or daughter of the employee

and in order to care for such son or daughter.

(B) Because of the placement of a son or daughter with the

employee for adoption or foster care.

(C) In order to care for the spouse, or a son, daughter, or

parent, of the employee, if such spouse, son, daughter, or

parent has a serious health condition.

(D) Because of a serious health condition that makes the

employee unable to perform the functions of the position of

such employee.

(2) Expiration of entitlement

The entitlement to leave under subparagraphs (A) and (B) of

paragraph (1) for a birth or placement of a son or daughter shall

expire at the end of the 12-month period beginning on the date of

such birth or placement.

(b) Leave taken intermittently or on reduced leave schedule

(1) In general

Leave under subparagraph (A) or (B) of subsection (a)(1) of

this section shall not be taken by an employee intermittently or

on a reduced leave schedule unless the employee and the employer

of the employee agree otherwise. Subject to paragraph (2),

subsection (e)(2) of this section, and section 2613(b)(5) of this

title, leave under subparagraph (C) or (D) of subsection (a)(1)

of this section may be taken intermittently or on a reduced leave

schedule when medically necessary. The taking of leave

intermittently or on a reduced leave schedule pursuant to this

paragraph shall not result in a reduction in the total amount of

leave to which the employee is entitled under subsection (a) of

this section beyond the amount of leave actually taken.

(2) Alternative position

If an employee requests intermittent leave, or leave on a

reduced leave schedule, under subparagraph (C) or (D) of

subsection (a)(1) of this section, that is foreseeable based on

planned medical treatment, the employer may require such employee

to transfer temporarily to an available alternative position

offered by the employer for which the employee is qualified and

that -

(A) has equivalent pay and benefits; and

(B) better accommodates recurring periods of leave than the

regular employment position of the employee.

(c) Unpaid leave permitted

Except as provided in subsection (d) of this section, leave

granted under subsection (a) may consist of unpaid leave. Where an

employee is otherwise exempt under regulations issued by the

Secretary pursuant to section 213(a)(1) of this title, the

compliance of an employer with this subchapter by providing unpaid

leave shall not affect the exempt status of the employee under such

section.

(d) Relationship to paid leave

(1) Unpaid leave

If an employer provides paid leave for fewer than 12 workweeks,

the additional weeks of leave necessary to attain the 12

workweeks of leave required under this subchapter may be provided

without compensation.

(2) Substitution of paid leave

(A) In general

An eligible employee may elect, or an employer may require

the employee, to substitute any of the accrued paid vacation

leave, personal leave, or family leave of the employee for

leave provided under subparagraph (A), (B), or (C) of

subsection (a)(1) of this section for any part of the 12-week

period of such leave under such subsection.

(B) Serious health condition

An eligible employee may elect, or an employer may require

the employee, to substitute any of the accrued paid vacation

leave, personal leave, or medical or sick leave of the employee

for leave provided under subparagraph (C) or (D) of subsection

(a)(1) of this section for any part of the 12-week period of

such leave under such subsection, except that nothing in this

subchapter shall require an employer to provide paid sick leave

or paid medical leave in any situation in which such employer

would not normally provide any such paid leave.

(e) Foreseeable leave

(1) Requirement of notice

In any case in which the necessity for leave under subparagraph

(A) or (B) of subsection (a)(1) of this section is foreseeable

based on an expected birth or placement, the employee shall

provide the employer with not less than 30 days' notice, before

the date the leave is to begin, of the employee's intention to

take leave under such subparagraph, except that if the date of

the birth or placement requires leave to begin in less than 30

days, the employee shall provide such notice as is practicable.

(2) Duties of employee

In any case in which the necessity for leave under subparagraph

(C) or (D) of subsection (a)(1) of this section is foreseeable

based on planned medical treatment, the employee -

(A) shall make a reasonable effort to schedule the treatment

so as not to disrupt unduly the operations of the employer,

subject to the approval of the health care provider of the

employee or the health care provider of the son, daughter,

spouse, or parent of the employee, as appropriate; and

(B) shall provide the employer with not less than 30 days'

notice, before the date the leave is to begin, of the

employee's intention to take leave under such subparagraph,

except that if the date of the treatment requires leave to

begin in less than 30 days, the employee shall provide such

notice as is practicable.

(f) Spouses employed by same employer

In any case in which a husband and wife entitled to leave under

subsection (a) of this section are employed by the same employer,

the aggregate number of workweeks of leave to which both may be

entitled may be limited to 12 workweeks during any 12-month period,

if such leave is taken -

(1) under subparagraph (A) or (B) of subsection (a)(1) of this

section; or

(2) to care for a sick parent under subparagraph (C) of such

subsection.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 102, Feb. 5, 1993, 107 Stat. 9.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2611, 2613, 2614, 2618 of

this title; title 2 section 1312; title 3 section 412.

-End-

-CITE-

29 USC Sec. 2613 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2613. Certification

-STATUTE-

(a) In general

An employer may require that a request for leave under

subparagraph (C) or (D) of section 2612(a)(1) of this title be

supported by a certification issued by the health care provider of

the eligible employee or of the son, daughter, spouse, or parent of

the employee, as appropriate. The employee shall provide, in a

timely manner, a copy of such certification to the employer.

(b) Sufficient certification

Certification provided under subsection (a) of this section shall

be sufficient if it states -

(1) the date on which the serious health condition commenced;

(2) the probable duration of the condition;

(3) the appropriate medical facts within the knowledge of the

health care provider regarding the condition;

(4)(A) for purposes of leave under section 2612(a)(1)(C) of

this title, a statement that the eligible employee is needed to

care for the son, daughter, spouse, or parent and an estimate of

the amount of time that such employee is needed to care for the

son, daughter, spouse, or parent; and

(B) for purposes of leave under section 2612(a)(1)(D) of this

title, a statement that the employee is unable to perform the

functions of the position of the employee;

(5) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, for planned medical treatment,

the dates on which such treatment is expected to be given and the

duration of such treatment;

(6) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, under section 2612(a)(1)(D) of

this title, a statement of the medical necessity for the

intermittent leave or leave on a reduced leave schedule, and the

expected duration of the intermittent leave or reduced leave

schedule; and

(7) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, under section 2612(a)(1)(C) of

this title, a statement that the employee's intermittent leave or

leave on a reduced leave schedule is necessary for the care of

the son, daughter, parent, or spouse who has a serious health

condition, or will assist in their recovery, and the expected

duration and schedule of the intermittent leave or reduced leave

schedule.

(c) Second opinion

(1) In general

In any case in which the employer has reason to doubt the

validity of the certification provided under subsection (a) of

this section for leave under subparagraph (C) or (D) of section

2612(a)(1) of this title, the employer may require, at the

expense of the employer, that the eligible employee obtain the

opinion of a second health care provider designated or approved

by the employer concerning any information certified under

subsection (b) of this section for such leave.

(2) Limitation

A health care provider designated or approved under paragraph

(1) shall not be employed on a regular basis by the employer.

(d) Resolution of conflicting opinions

(1) In general

In any case in which the second opinion described in subsection

(c) of this section differs from the opinion in the original

certification provided under subsection (a) of this section, the

employer may require, at the expense of the employer, that the

employee obtain the opinion of a third health care provider

designated or approved jointly by the employer and the employee

concerning the information certified under subsection (b) of this

section.

(2) Finality

The opinion of the third health care provider concerning the

information certified under subsection (b) of this section shall

be considered to be final and shall be binding on the employer

and the employee.

(e) Subsequent recertification

The employer may require that the eligible employee obtain

subsequent recertifications on a reasonable basis.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 103, Feb. 5, 1993, 107 Stat. 11.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2612 of this title; title

2 section 1312; title 3 section 412.

-End-

-CITE-

29 USC Sec. 2614 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2614. Employment and benefits protection

-STATUTE-

(a) Restoration to position

(1) In general

Except as provided in subsection (b) of this section, any

eligible employee who takes leave under section 2612 of this

title for the intended purpose of the leave shall be entitled, on

return from such leave -

(A) to be restored by the employer to the position of

employment held by the employee when the leave commenced; or

(B) to be restored to an equivalent position with equivalent

employment benefits, pay, and other terms and conditions of

employment.

(2) Loss of benefits

The taking of leave under section 2612 of this title shall not

result in the loss of any employment benefit accrued prior to the

date on which the leave commenced.

(3) Limitations

Nothing in this section shall be construed to entitle any

restored employee to -

(A) the accrual of any seniority or employment benefits

during any period of leave; or

(B) any right, benefit, or position of employment other than

any right, benefit, or position to which the employee would

have been entitled had the employee not taken the leave.

(4) Certification

As a condition of restoration under paragraph (1) for an

employee who has taken leave under section 2612(a)(1)(D) of this

title, the employer may have a uniformly applied practice or

policy that requires each such employee to receive certification

from the health care provider of the employee that the employee

is able to resume work, except that nothing in this paragraph

shall supersede a valid State or local law or a collective

bargaining agreement that governs the return to work of such

employees.

(5) Construction

Nothing in this subsection shall be construed to prohibit an

employer from requiring an employee on leave under section 2612

of this title to report periodically to the employer on the

status and intention of the employee to return to work.

(b) Exemption concerning certain highly compensated employees

(1) Denial of restoration

An employer may deny restoration under subsection (a) of this

section to any eligible employee described in paragraph (2) if -

(A) such denial is necessary to prevent substantial and

grievous economic injury to the operations of the employer;

(B) the employer notifies the employee of the intent of the

employer to deny restoration on such basis at the time the

employer determines that such injury would occur; and

(C) in any case in which the leave has commenced, the

employee elects not to return to employment after receiving

such notice.

(2) Affected employees

An eligible employee described in paragraph (1) is a salaried

eligible employee who is among the highest paid 10 percent of the

employees employed by the employer within 75 miles of the

facility at which the employee is employed.

(c) Maintenance of health benefits

(1) Coverage

Except as provided in paragraph (2), during any period that an

eligible employee takes leave under section 2612 of this title,

the employer shall maintain coverage under any "group health

plan" (as defined in section 5000(b)(1) of title 26) for the

duration of such leave at the level and under the conditions

coverage would have been provided if the employee had continued

in employment continuously for the duration of such leave.

(2) Failure to return from leave

The employer may recover the premium that the employer paid for

maintaining coverage for the employee under such group health

plan during any period of unpaid leave under section 2612 of this

title if -

(A) the employee fails to return from leave under section

2612 of this title after the period of leave to which the

employee is entitled has expired; and

(B) the employee fails to return to work for a reason other

than -

(i) the continuation, recurrence, or onset of a serious

health condition that entitles the employee to leave under

subparagraph (C) or (D) of section 2612(a)(1) of this title;

or

(ii) other circumstances beyond the control of the

employee.

(3) Certification

(A) Issuance

An employer may require that a claim that an employee is

unable to return to work because of the continuation,

recurrence, or onset of the serious health condition described

in paragraph (2)(B)(i) be supported by -

(i) a certification issued by the health care provider of

the son, daughter, spouse, or parent of the employee, as

appropriate, in the case of an employee unable to return to

work because of a condition specified in section

2612(a)(1)(C) of this title; or

(ii) a certification issued by the health care provider of

the eligible employee, in the case of an employee unable to

return to work because of a condition specified in section

2612(a)(1)(D) of this title.

(B) Copy

The employee shall provide, in a timely manner, a copy of

such certification to the employer.

(C) Sufficiency of certification

(i) Leave due to serious health condition of employee

The certification described in subparagraph (A)(ii) shall

be sufficient if the certification states that a serious

health condition prevented the employee from being able to

perform the functions of the position of the employee on the

date that the leave of the employee expired.

(ii) Leave due to serious health condition of family member

The certification described in subparagraph (A)(i) shall be

sufficient if the certification states that the employee is

needed to care for the son, daughter, spouse, or parent who

has a serious health condition on the date that the leave of

the employee expired.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 104, Feb. 5, 1993, 107 Stat. 12.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2618, 2632 of this title;

title 2 section 1312; title 3 section 412.

-End-

-CITE-

29 USC Sec. 2615 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2615. Prohibited acts

-STATUTE-

(a) Interference with rights

(1) Exercise of rights

It shall be unlawful for any employer to interfere with,

restrain, or deny the exercise of or the attempt to exercise, any

right provided under this subchapter.

(2) Discrimination

It shall be unlawful for any employer to discharge or in any

other manner discriminate against any individual for opposing any

practice made unlawful by this subchapter.

(b) Interference with proceedings or inquiries

It shall be unlawful for any person to discharge or in any other

manner discriminate against any individual because such individual

-

(1) has filed any charge, or has instituted or caused to be

instituted any proceeding, under or related to this subchapter;

(2) has given, or is about to give, any information in

connection with any inquiry or proceeding relating to any right

provided under this subchapter; or

(3) has testified, or is about to testify, in any inquiry or

proceeding relating to any right provided under this subchapter.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 105, Feb. 5, 1993, 107 Stat. 14.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2617 of this title; title

2 section 1312; title 3 section 412.

-End-

-CITE-

29 USC Sec. 2616 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2616. Investigative authority

-STATUTE-

(a) In general

To ensure compliance with the provisions of this subchapter, or

any regulation or order issued under this subchapter, the Secretary

shall have, subject to subsection (c) of this section, the

investigative authority provided under section 211(a) of this

title.

(b) Obligation to keep and preserve records

Any employer shall make, keep, and preserve records pertaining to

compliance with this subchapter in accordance with section 211(c)

of this title and in accordance with regulations issued by the

Secretary.

(c) Required submissions generally limited to annual basis

The Secretary shall not under the authority of this section

require any employer or any plan, fund, or program to submit to the

Secretary any books or records more than once during any 12-month

period, unless the Secretary has reasonable cause to believe there

may exist a violation of this subchapter or any regulation or order

issued pursuant to this subchapter, or is investigating a charge

pursuant to section 2617(b) of this title.

(d) Subpoena powers

For the purposes of any investigation provided for in this

section, the Secretary shall have the subpoena authority provided

for under section 209 of this title.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 106, Feb. 5, 1993, 107 Stat. 15.)

-End-

-CITE-

29 USC Sec. 2617 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2617. Enforcement

-STATUTE-

(a) Civil action by employees

(1) Liability

Any employer who violates section 2615 of this title shall be

liable to any eligible employee affected -

(A) for damages equal to -

(i) the amount of -

(I) any wages, salary, employment benefits, or other

compensation denied or lost to such employee by reason of

the violation; or

(II) in a case in which wages, salary, employment

benefits, or other compensation have not been denied or

lost to the employee, any actual monetary losses sustained

by the employee as a direct result of the violation, such

as the cost of providing care, up to a sum equal to 12

weeks of wages or salary for the employee;

(ii) the interest on the amount described in clause (i)

calculated at the prevailing rate; and

(iii) an additional amount as liquidated damages equal to

the sum of the amount described in clause (i) and the

interest described in clause (ii), except that if an employer

who has violated section 2615 of this title proves to the

satisfaction of the court that the act or omission which

violated section 2615 of this title was in good faith and

that the employer had reasonable grounds for believing that

the act or omission was not a violation of section 2615 of

this title, such court may, in the discretion of the court,

reduce the amount of the liability to the amount and interest

determined under clauses (i) and (ii), respectively; and

(B) for such equitable relief as may be appropriate,

including employment, reinstatement, and promotion.

(2) Right of action

An action to recover the damages or equitable relief prescribed

in paragraph (1) may be maintained against any employer

(including a public agency) in any Federal or State court of

competent jurisdiction by any one or more employees for and in

behalf of -

(A) the employees; or

(B) the employees and other employees similarly situated.

(3) Fees and costs

The court in such an action shall, in addition to any judgment

awarded to the plaintiff, allow a reasonable attorney's fee,

reasonable expert witness fees, and other costs of the action to

be paid by the defendant.

(4) Limitations

The right provided by paragraph (2) to bring an action by or on

behalf of any employee shall terminate -

(A) on the filing of a complaint by the Secretary in an

action under subsection (d) of this section in which restraint

is sought of any further delay in the payment of the amount

described in paragraph (1)(A) to such employee by an employer

responsible under paragraph (1) for the payment; or

(B) on the filing of a complaint by the Secretary in an

action under subsection (b) of this section in which a recovery

is sought of the damages described in paragraph (1)(A) owing to

an eligible employee by an employer liable under paragraph (1),

unless the action described in subparagraph (A) or (B) is

dismissed without prejudice on motion of the Secretary.

(b) Action by Secretary

(1) Administrative action

The Secretary shall receive, investigate, and attempt to

resolve complaints of violations of section 2615 of this title in

the same manner that the Secretary receives, investigates, and

attempts to resolve complaints of violations of sections 206 and

207 of this title.

(2) Civil action

The Secretary may bring an action in any court of competent

jurisdiction to recover the damages described in subsection

(a)(1)(A) of this section.

(3) Sums recovered

Any sums recovered by the Secretary pursuant to paragraph (2)

shall be held in a special deposit account and shall be paid, on

order of the Secretary, directly to each employee affected. Any

such sums not paid to an employee because of inability to do so

within a period of 3 years shall be deposited into the Treasury

of the United States as miscellaneous receipts.

(c) Limitation

(1) In general

Except as provided in paragraph (2), an action may be brought

under this section not later than 2 years after the date of the

last event constituting the alleged violation for which the

action is brought.

(2) Willful violation

In the case of such action brought for a willful violation of

section 2615 of this title, such action may be brought within 3

years of the date of the last event constituting the alleged

violation for which such action is brought.

(3) Commencement

In determining when an action is commenced by the Secretary

under this section for the purposes of this subsection, it shall

be considered to be commenced on the date when the complaint is

filed.

(d) Action for injunction by Secretary

The district courts of the United States shall have jurisdiction,

for cause shown, in an action brought by the Secretary -

(1) to restrain violations of section 2615 of this title,

including the restraint of any withholding of payment of wages,

salary, employment benefits, or other compensation, plus

interest, found by the court to be due to eligible employees; or

(2) to award such other equitable relief as may be appropriate,

including employment, reinstatement, and promotion.

(e) Solicitor of Labor

The Solicitor of Labor may appear for and represent the Secretary

on any litigation brought under this section.

(f) General Accounting Office and Library of Congress

In the case of the General Accounting Office and the Library of

Congress, the authority of the Secretary of Labor under this

subchapter shall be exercised respectively by the Comptroller

General of the United States and the Librarian of Congress.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 107, Feb. 5, 1993, 107 Stat. 15; Pub.

L. 104-1, title II, Sec. 202(c)(1)(B), Jan. 23, 1995, 109 Stat. 9.)

-MISC1-

AMENDMENTS

1995 - Subsec. (f). Pub. L. 104-1 added subsec. (f).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-1 effective one year after transmission

to Congress of the study under section 1371 of Title 2, The

Congress, see section 1312(e)(2) of Title 2. The study required

under section 1371 of Title 2, dated Dec. 31, 1996, was transmitted

to Congress by the Board of Directors of the Office of Compliance

on Dec. 30, 1996.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2616, 2618 of this title;

title 2 section 1312; title 3 section 412.

-End-

-CITE-

29 USC Sec. 2618 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2618. Special rules concerning employees of local educational

agencies

-STATUTE-

(a) Application

(1) In general

Except as otherwise provided in this section, the rights

(including the rights under section 2614 of this title, which

shall extend throughout the period of leave of any employee under

this section), remedies, and procedures under this subchapter

shall apply to -

(A) any "local educational agency" (as defined in section

7801 of title 20) and an eligible employee of the agency; and

(B) any private elementary or secondary school and an

eligible employee of the school.

(2) Definitions

For purposes of the application described in paragraph (1):

(A) Eligible employee

The term "eligible employee" means an eligible employee of an

agency or school described in paragraph (1).

(B) Employer

The term "employer" means an agency or school described in

paragraph (1).

(b) Leave does not violate certain other Federal laws

A local educational agency and a private elementary or secondary

school shall not be in violation of the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.), section 794 of

this title, or title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d et seq.), solely as a result of an eligible employee of such

agency or school exercising the rights of such employee under this

subchapter.

(c) Intermittent leave or leave on reduced schedule for

instructional employees

(1) In general

Subject to paragraph (2), in any case in which an eligible

employee employed principally in an instructional capacity by any

such educational agency or school requests leave under

subparagraph (C) or (D) of section 2612(a)(1) of this title that

is foreseeable based on planned medical treatment and the

employee would be on leave for greater than 20 percent of the

total number of working days in the period during which the leave

would extend, the agency or school may require that such employee

elect either -

(A) to take leave for periods of a particular duration, not

to exceed the duration of the planned medical treatment; or

(B) to transfer temporarily to an available alternative

position offered by the employer for which the employee is

qualified, and that -

(i) has equivalent pay and benefits; and

(ii) better accommodates recurring periods of leave than

the regular employment position of the employee.

(2) Application

The elections described in subparagraphs (A) and (B) of

paragraph (1) shall apply only with respect to an eligible

employee who complies with section 2612(e)(2) of this title.

(d) Rules applicable to periods near conclusion of academic term

The following rules shall apply with respect to periods of leave

near the conclusion of an academic term in the case of any eligible

employee employed principally in an instructional capacity by any

such educational agency or school:

(1) Leave more than 5 weeks prior to end of term

If the eligible employee begins leave under section 2612 of

this title more than 5 weeks prior to the end of the academic

term, the agency or school may require the employee to continue

taking leave until the end of such term, if -

(A) the leave is of at least 3 weeks duration; and

(B) the return to employment would occur during the 3-week

period before the end of such term.

(2) Leave less than 5 weeks prior to end of term

If the eligible employee begins leave under subparagraph (A),

(B), or (C) of section 2612(a)(1) of this title during the period

that commences 5 weeks prior to the end of the academic term, the

agency or school may require the employee to continue taking

leave until the end of such term, if -

(A) the leave is of greater than 2 weeks duration; and

(B) the return to employment would occur during the 2-week

period before the end of such term.

(3) Leave less than 3 weeks prior to end of term

If the eligible employee begins leave under subparagraph (A),

(B), or (C) of section 2612(a)(1) of this title during the period

that commences 3 weeks prior to the end of the academic term and

the duration of the leave is greater than 5 working days, the

agency or school may require the employee to continue to take

leave until the end of such term.

(e) Restoration to equivalent employment position

For purposes of determinations under section 2614(a)(1)(B) of

this title (relating to the restoration of an eligible employee to

an equivalent position), in the case of a local educational agency

or a private elementary or secondary school, such determination

shall be made on the basis of established school board policies and

practices, private school policies and practices, and collective

bargaining agreements.

(f) Reduction of amount of liability

If a local educational agency or a private elementary or

secondary school that has violated this subchapter proves to the

satisfaction of the court that the agency, school, or department

had reasonable grounds for believing that the underlying act or

omission was not a violation of this subchapter, such court may, in

the discretion of the court, reduce the amount of the liability

provided for under section 2617(a)(1)(A) of this title to the

amount and interest determined under clauses (i) and (ii),

respectively, of such section.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 108, Feb. 5, 1993, 107 Stat. 17; Pub.

L. 103-382, title III, Sec. 394(e), Oct. 20, 1994, 108 Stat. 4027;

Pub. L. 107-110, title X, Sec. 1076(v), Jan. 8, 2002, 115 Stat.

2093.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (b), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended, which is classified generally to chapter 33 (Sec.

1400 et seq.) of Title 20, Education. For complete classification

of this Act to the Code, see section 1400 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Act is classified generally to subchapter V (Sec. 2000d et seq.) of

chapter 21 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of Title 42 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1)(A). Pub. L. 107-110 substituted "section

7801 of title 20" for "section 8801 of title 20".

1994 - Subsec. (a)(1)(A). Pub. L. 103-382 substituted "section

8801 of title 20" for "section 2891(12) of title 20".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2632 of this title.

-End-

-CITE-

29 USC Sec. 2619 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE

-HEAD-

Sec. 2619. Notice

-STATUTE-

(a) In general

Each employer shall post and keep posted, in conspicuous places

on the premises of the employer where notices to employees and

applicants for employment are customarily posted, a notice, to be

prepared or approved by the Secretary, setting forth excerpts from,

or summaries of, the pertinent provisions of this subchapter and

information pertaining to the filing of a charge.

(b) Penalty

Any employer that willfully violates this section may be assessed

a civil money penalty not to exceed $100 for each separate offense.

-SOURCE-

(Pub. L. 103-3, title I, Sec. 109, Feb. 5, 1993, 107 Stat. 19.)

-End-

-CITE-

29 USC SUBCHAPTER II - COMMISSION ON LEAVE 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER II - COMMISSION ON LEAVE

-HEAD-

SUBCHAPTER II - COMMISSION ON LEAVE

-End-

-CITE-

29 USC Sec. 2631 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER II - COMMISSION ON LEAVE

-HEAD-

Sec. 2631. Establishment

-STATUTE-

There is established a commission to be known as the Commission

on Leave (referred to in this subchapter as the "Commission").

-SOURCE-

(Pub. L. 103-3, title III, Sec. 301, Feb. 5, 1993, 107 Stat. 23.)

-End-

-CITE-

29 USC Sec. 2632 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER II - COMMISSION ON LEAVE

-HEAD-

Sec. 2632. Duties

-STATUTE-

The Commission shall -

(1) conduct a comprehensive study of -

(A) existing and proposed mandatory and voluntary policies

relating to family and temporary medical leave, including

policies provided by employers not covered under this Act;

(B) the potential costs, benefits, and impact on

productivity, job creation and business growth of such policies

on employers and employees;

(C) possible differences in costs, benefits, and impact on

productivity, job creation and business growth of such policies

on employers based on business type and size;

(D) the impact of family and medical leave policies on the

availability of employee benefits provided by employers,

including employers not covered under this Act;

(E) alternate and equivalent State enforcement of subchapter

I of this chapter with respect to employees described in

section 2618(a) of this title;

(F) methods used by employers to reduce administrative costs

of implementing family and medical leave policies;

(G) the ability of the employers to recover, under section

2614(c)(2) of this title, the premiums described in such

section; and

(H) the impact on employers and employees of policies that

provide temporary wage replacement during periods of family and

medical leave.

(2) not later than 2 years after the date on which the

Commission first meets, prepare and submit, to the appropriate

Committees of Congress, a report concerning the subjects listed

in paragraph (1).

-SOURCE-

(Pub. L. 103-3, title III, Sec. 302, Feb. 5, 1993, 107 Stat. 23.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in par. (1)(A), (D), is Pub. L. 103-3, Feb.

5, 1993, 107 Stat. 6, known as the Family and Medical Leave Act of

1993, which enacted this chapter, sections 60m and 60n of Title 2,

The Congress, and sections 6381 to 6387 of Title 5, Government

Organization and Employees, amended section 2105 of Title 5, and

enacted provisions set out as notes under section 2601 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2601 of this title and

Tables.

-End-

-CITE-

29 USC Sec. 2633 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER II - COMMISSION ON LEAVE

-HEAD-

Sec. 2633. Membership

-STATUTE-

(a) Composition

(1) Appointments

The Commission shall be composed of 12 voting members and 4 ex

officio members to be appointed not later than 60 days after

February 5, 1993, as follows:

(A) Senators

One Senator shall be appointed by the Majority Leader of the

Senate, and one Senator shall be appointed by the Minority

Leader of the Senate.

(B) Members of House of Representatives

One Member of the House of Representatives shall be appointed

by the Speaker of the House of Representatives, and one Member

of the House of Representatives shall be appointed by the

Minority Leader of the House of Representatives.

(C) Additional members

(i) Appointment

Two members each shall be appointed by -

(I) the Speaker of the House of Representatives;

(II) the Majority Leader of the Senate;

(III) the Minority Leader of the House of

Representatives; and

(IV) the Minority Leader of the Senate.

(ii) Expertise

Such members shall be appointed by virtue of demonstrated

expertise in relevant family, temporary disability, and labor

management issues. Such members shall include representatives

of employers, including employers from large businesses and

from small businesses.

(2) Ex officio members

The Secretary of Health and Human Services, the Secretary of

Labor, the Secretary of Commerce, and the Administrator of the

Small Business Administration shall serve on the Commission as

nonvoting ex officio members.

(b) Vacancies

Any vacancy on the Commission shall be filled in the manner in

which the original appointment was made. The vacancy shall not

affect the power of the remaining members to execute the duties of

the Commission.

(c) Chairperson and vice chairperson

The Commission shall elect a chairperson and a vice chairperson

from among the members of the Commission.

(d) Quorum

Eight members of the Commission shall constitute a quorum for all

purposes, except that a lesser number may constitute a quorum for

the purpose of holding hearings.

-SOURCE-

(Pub. L. 103-3, title III, Sec. 303, Feb. 5, 1993, 107 Stat. 24.)

-End-

-CITE-

29 USC Sec. 2634 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER II - COMMISSION ON LEAVE

-HEAD-

Sec. 2634. Compensation

-STATUTE-

(a) Pay

Members of the Commission shall serve without compensation.

(b) Travel expenses

Members of the Commission shall be allowed reasonable travel

expenses, including a per diem allowance, in accordance with

section 5703 of title 5 when performing duties of the Commission.

-SOURCE-

(Pub. L. 103-3, title III, Sec. 304, Feb. 5, 1993, 107 Stat. 25.)

-End-

-CITE-

29 USC Sec. 2635 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER II - COMMISSION ON LEAVE

-HEAD-

Sec. 2635. Powers

-STATUTE-

(a) Meetings

The Commission shall first meet not later than 30 days after the

date on which all members are appointed, and the Commission shall

meet thereafter on the call of the chairperson or a majority of the

members.

(b) Hearings and sessions

The Commission may hold such hearings, sit and act at such times

and places, take such testimony, and receive such evidence as the

Commission considers appropriate. The Commission may administer

oaths or affirmations to witnesses appearing before it.

(c) Access to information

The Commission may secure directly from any Federal agency

information necessary to enable it to carry out this subchapter, if

the information may be disclosed under section 552 of title 5.

Subject to the previous sentence, on the request of the chairperson

or vice chairperson of the Commission, the head of such agency

shall furnish such information to the Commission.

(d) Use of facilities and services

Upon the request of the Commission, the head of any Federal

agency may make available to the Commission any of the facilities

and services of such agency.

(e) Personnel from other agencies

On the request of the Commission, the head of any Federal agency

may detail any of the personnel of such agency to serve as an

Executive Director of the Commission or assist the Commission in

carrying out the duties of the Commission. Any detail shall not

interrupt or otherwise affect the civil service status or

privileges of the Federal employee.

(f) Voluntary service

Notwithstanding section 1342 of title 31, the chairperson of the

Commission may accept for the Commission voluntary services

provided by a member of the Commission.

-SOURCE-

(Pub. L. 103-3, title III, Sec. 305, Feb. 5, 1993, 107 Stat. 25.)

-End-

-CITE-

29 USC Sec. 2636 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER II - COMMISSION ON LEAVE

-HEAD-

Sec. 2636. Termination

-STATUTE-

The Commission shall terminate 30 days after the date of the

submission of the report of the Commission to Congress.

-SOURCE-

(Pub. L. 103-3, title III, Sec. 306, Feb. 5, 1993, 107 Stat. 25.)

-End-

-CITE-

29 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-End-

-CITE-

29 USC Sec. 2651 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2651. Effect on other laws

-STATUTE-

(a) Federal and State antidiscrimination laws

Nothing in this Act or any amendment made by this Act shall be

construed to modify or affect any Federal or State law prohibiting

discrimination on the basis of race, religion, color, national

origin, sex, age, or disability.

(b) State and local laws

Nothing in this Act or any amendment made by this Act shall be

construed to supersede any provision of any State or local law that

provides greater family or medical leave rights than the rights

established under this Act or any amendment made by this Act.

-SOURCE-

(Pub. L. 103-3, title IV, Sec. 401, Feb. 5, 1993, 107 Stat. 26.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-3, Feb. 5, 1993,

107 Stat. 6, known as the Family and Medical Leave Act of 1993,

which enacted this chapter, sections 60m and 60n of Title 2, The

Congress, and sections 6381 to 6387 of Title 5, Government

Organization and Employees, amended section 2105 of Title 5, and

enacted provisions set out as notes under section 2601 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2601 of this title and

Tables.

-MISC1-

EFFECTIVE DATE

Subchapter effective 6 months after Feb. 5, 1993, see section

405(b)(1) of Pub. L. 103-3, set out as a note under section 2601 of

this title.

-End-

-CITE-

29 USC Sec. 2652 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2652. Effect on existing employment benefits

-STATUTE-

(a) More protective

Nothing in this Act or any amendment made by this Act shall be

construed to diminish the obligation of an employer to comply with

any collective bargaining agreement or any employment benefit

program or plan that provides greater family or medical leave

rights to employees than the rights established under this Act or

any amendment made by this Act.

(b) Less protective

The rights established for employees under this Act or any

amendment made by this Act shall not be diminished by any

collective bargaining agreement or any employment benefit program

or plan.

-SOURCE-

(Pub. L. 103-3, title IV, Sec. 402, Feb. 5, 1993, 107 Stat. 26.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-3, Feb. 5, 1993,

107 Stat. 6, known as the Family and Medical Leave Act of 1993,

which enacted this chapter, sections 60m and 60n of Title 2, The

Congress, and sections 6381 to 6387 of Title 5, Government

Organization and Employees, amended section 2105 of Title 5, and

enacted provisions set out as notes under section 2601 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2601 of this title and

Tables.

-End-

-CITE-

29 USC Sec. 2653 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2653. Encouragement of more generous leave policies

-STATUTE-

Nothing in this Act or any amendment made by this Act shall be

construed to discourage employers from adopting or retaining leave

policies more generous than any policies that comply with the

requirements under this Act or any amendment made by this Act.

-SOURCE-

(Pub. L. 103-3, title IV, Sec. 403, Feb. 5, 1993, 107 Stat. 26.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-3, Feb. 5, 1993,

107 Stat. 6, known as the Family and Medical Leave Act of 1993,

which enacted this chapter, sections 60m and 60n of Title 2, The

Congress, and sections 6381 to 6387 of Title 5, Government

Organization and Employees, amended section 2105 of Title 5, and

enacted provisions set out as notes under section 2601 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2601 of this title and

Tables.

-End-

-CITE-

29 USC Sec. 2654 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 28 - FAMILY AND MEDICAL LEAVE

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2654. Regulations

-STATUTE-

The Secretary of Labor shall prescribe such regulations as are

necessary to carry out subchapter I of this chapter and this

subchapter not later than 120 days after February 5, 1993.

-SOURCE-

(Pub. L. 103-3, title IV, Sec. 404, Feb. 5, 1993, 107 Stat. 26.)

-End-