29 USC 2612 - Leave requirement

Editorial Notes

References in Text

The date the Emergency Family and Medical Leave Expansion Act takes effect, referred to in subsec. (a)(1)(F), is the effective date of div. C of Puspan. L. 116–127, which is set out as an Effective Date note under section 2620 of this title.

Constitutionality

For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Amendments

2020—Subsec. (a)(1)(F). Puspan. L. 116–127, § 3102(a)(1), added subpar. (F).

Subsec. (c). Puspan. L. 116–127, § 3102(a)(2), substituted “under subsection (a) (other than certain periods of leave under subsection (a)(1)(F))” for “under subsection (a)”.

2019—Subsec. (a)(1). Puspan. L. 116–92, § 7604(a)(1)(A), inserted “and subsection (d)(3)” after “section 2613 of this title” in introductory provisions.

Subsec. (a)(4). Puspan. L. 116–92, § 7604(a)(1)(B), substituted “Subject to subsection (d)(3), during” for “During”.

Subsec. (d)(3), (4). Puspan. L. 116–92, § 7604(a)(2), added pars. (3) and (4).

2009—Subsec. (a)(1)(E). Puspan. L. 111–84, § 565(a)(1)(B)(i), substituted “covered active duty” for “active duty” in two places and struck out “in support of a contingency operation” before period.

Subsec. (a)(5). Puspan. L. 111–119 added par. (5).

Subsec. (e)(2)(A). Puspan. L. 111–84, § 565(a)(4), substituted “parent, or covered servicemember” for “or parent”.

Subsec. (e)(3). Puspan. L. 111–84, § 565(a)(1)(B)(ii), substituted “covered active duty” for “active duty” in heading and in two places in text and struck out “in support of a contingency operation” before “, the employee shall provide”.

2008—Subsec. (a)(1)(E). Puspan. L. 110–181, § 585(a)(2)(A), added subpar. (E).

Subsec. (a)(3), (4). Puspan. L. 110–181, § 585(a)(2)(B), added pars. (3) and (4).

Subsec. (span)(1). Puspan. L. 110–181, § 585(a)(3)(A)(i), (ii), in second sentence, substituted “subsection (span)(5) or (f) (as appropriate) of section 2613” for “section 2613(span)(5)” and inserted “or under subsection (a)(3)” after “subsection (a)(1)” and, after second sentence, inserted “Subject to subsection (e)(3) and section 2613(f) of this title, leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”

Subsec. (span)(2). Puspan. L. 110–181, § 585(a)(3)(A)(iii), inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

Subsec. (d)(1). Puspan. L. 110–181, § 585(a)(3)(B)(i), inserted “(or 26 workweeks in the case of leave provided under subsection (a)(3))” after “fewer than 12 workweeks” and “(or 26 workweeks, as appropriate)” after “attain the 12 workweeks”.

Subsec. (d)(2)(A). Puspan. L. 110–181, § 585(a)(3)(B)(ii), substituted “(C), or (E)” for “or (C)”.

Subsec. (d)(2)(B). Puspan. L. 110–181, § 585(a)(3)(B)(iii), inserted at end “An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection, except that nothing in this subchapter requires an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave.”

Subsec. (e)(2). Puspan. L. 110–181, § 585(a)(3)(C)(i), inserted “or under subsection (a)(3)” after “subsection (a)(1)” in introductory provisions.

Subsec. (e)(3). Puspan. L. 110–181, § 585(a)(3)(C)(ii), added par. (3).

Subsec. (f). Puspan. L. 110–181, § 585(a)(3)(D), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–127 effective no later than 15 days after Mar. 18, 2020, see section 3106 of div. C of Puspan. L. 116–127, set out as an Effective Date note under section 2620 of this title.

Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–92 not effective with respect to any birth or placement occurring before Oct. 1, 2020, see section 7604(c) of Puspan. L. 116–92, set out as a note under section 2611 of this title.

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.

Clarification for Members of the National Guard and Reserves: GAO and Library of Congress Employees

Puspan. L. 116–92, div. F, title LXXVI, § 7605(c), Dec. 20, 2019, 133 Stat. 2308, provided that:

“For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under section 102(a) of the Family and Medical Leave Act of 1993 [29 U.S.C. 2612(a)], any service by such employee on active duty (as defined in section 101(14) of such Act [29 U.S.C. 2611(14)]) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act [29 U.S.C. 2611(2)(A)].”