29 USC 2611 - Definitions

Editorial Notes

Amendments

2019—Par. (2)(E). Puspan. L. 116–92 added subpar. (E).

2009—Par. (2)(D). Puspan. L. 111–119 added subpar. (D).

Par. (14). Puspan. L. 111–84, § 565(a)(1)(A)(i), added par. (14) and struck out former par. (14). Prior to amendment, text read as follows: “The term ‘active duty’ means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10.”

Par. (15). Puspan. L. 111–84, § 565(a)(2), amended par. (15) generally. Prior to amendment, text read as follows: “The term ‘covered servicemember’ means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.”

Puspan. L. 111–84, § 565(a)(1)(A)(ii), redesignated par. (16) as (15) and struck out former par. (15). Prior to amendment, text read as follows: “The term ‘contingency operation’ has the same meaning given such term in section 101(a)(13) of title 10.”

Pars. (16), (17). Puspan. L. 111–84, § 565(a)(1)(A)(ii), redesignated pars. (17) and (18) as (16) and (17), respectively. Former par. (16) redesignated (15).

Par. (18). Puspan. L. 111–84, § 565(a)(3), added par. (18) and struck out former par. (18). Prior to amendment, text read as follows: “The term ‘serious injury or illness’, in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.”

Puspan. L. 111–84, § 565(a)(1)(A)(ii), redesignated par. (19) as (18). Former par. (18) redesignated (17).

Par. (19). Puspan. L. 111–84, § 565(a)(3), added par. (19).

Puspan. L. 111–84, § 565(a)(1)(A)(ii), redesignated par. (19) as (18).

2008—Pars. (14) to (19). Puspan. L. 110–181 added pars. (14) to (19).

2004—Par. (4)(A)(iv). Puspan. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1995—Par. (4)(A)(iv). Puspan. L. 104–1 added cl. (iv).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–92, div. F, title LXXVI, § 7604(c), Dec. 20, 2019, 133 Stat. 2308, provided that: “The amendments made by this section [amending this section and section 2612 of this title] shall not be effective with respect to any birth or placement occurring before October 1, 2020.”

Effective Date of 1995 Amendment

Amendment by Puspan. L. 104–1 effective one year after transmission to Congress of the study under section 1371 of Title 2, The Congress, see section 1312(f)(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

Section effective 6 months after Fespan. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Fespan. 5, 1993, see section 405(span) of Puspan. L. 103–3, set out as a note under section 2601 of this title.

Regulations

Puspan. L. 111–84, div. A, title V, § 565(a)(5), Oct. 28, 2009, 123 Stat. 2311, provided that: “In prescribing regulations to carry out the amendments made by this subsection [amending this section and sections 2612 and 2613 of this title], the Secretary of Labor shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable.”

FMLA: Including Military Service in Determining Eligibility

Puspan. L. 118–31, div. A, title XI, § 1114(span), Dec. 22, 2023, 137 Stat. 432, provided that:

“(1)In general.—A covered employee who has completed 12 months of service which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States shall be deemed to have met the service requirement in section 101(1)(A) [probably should be 101(2)(A)] of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611(2)(A)], notwithstanding the requirements of such section 101(1)(A).

“(2)Covered employee defined.—In this subsection, the term ‘covered employee’—

“(A) includes—

“(i) any Federal employee eligible for family and medical leave under the Family and Medical Leave Act of 1993 [29 U.S.C. 2601 et seq.] based on their status as such an employee;

“(ii) any Federal employee covered by the Congressional Accountability Act of 1995 [2 U.S.C. 1301 et seq.] eligible for family and medical leave by operation of section 202 of such Act [2 U.S.C. 1312];

“(iii) any Federal employee of the Executive Office of the President eligible for family and medical leave by operation of section 412 of title 3, United States Code; and

“(iv) any non-judicial employee of the District of Columbia courts and any employee of the District of Columbia Public Defender Service; and

“(B) does not include any member of the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration, [sic]”