View all text of Part A [§ 1311 - § 1317]
§ 1312. Rights and protections under Family and Medical Leave Act of 1993
(a) Family and medical leave rights and protections provided
(1) In general
(2) Definitions
For purposes of the application described in paragraph (1)—
(A) the term “employer” as used in the Family and Medical Leave Act of 1993 means any employing office, and
(B) the term “eligible employee” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months.
The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).
(b) Remedy
(c) Omitted
(d) Special rule for paid parental leave
(1) Substitution of paid leave
(2) Amount of paid leave
The paid leave that is available to a covered employee for purposes of paragraph (1) is—
(A) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5; and
(B) during the 12-month period referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the administrative workweeks described in subparagraph (A), any additional paid vacation, personal, family, medical, or accrued sick leave provided by the employing office to such employee.
(3) Limitation
(4) Additional rules
Paid parental leave under paragraph (2)(A)—
(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office;
(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use; and
(C) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5 or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).
(e) Regulations
(1) In general
(2) Agency regulations
(f) Effective date
(1) In general
(2) Government Accountability Office and Library of Congress
(Pub. L. 104–1, title II, § 202, Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 116–92, div. F, title LXXVI, § 7603(a), (b), Dec. 20, 2019, 133 Stat. 2306, 2307; Pub. L. 116–283, div. A, title XI, § 1103(g)(1), Jan. 1, 2021, 134 Stat. 3889.)