29 USC 2612 - Leave requirement

U.S Code last checked for updates: Apr 28, 2024

§ 2612.

Leave requirement

(a)

In general

(1)

Entitlement to leave

Subject to section 2613 of this title and subsection (d)(3), 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.

(E)

Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.

(F)

During the period beginning on the date the Emergency Family and Medical Leave Expansion Act takes effect, and ending on December 31, 2020, because of a qualifying need related to a public health emergency in accordance with section 2620 of this title.

(2)

Expiration of entitlement

(3)

Servicemember family leave

(4)

Combined leave total

(5)

Calculation of leave for airline flight crews

(b)

Leave taken intermittently or on reduced leave schedule

(1)

In general

(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) or under subsection (a)(3), 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

(d)

Relationship to paid leave

(1)

Unpaid leave

(2)

Substitution of paid leave

(A)

In general

(B)

Serious health condition

(3)

Special rule for GAO employees

(A)

Substitution of paid leave

(B)

Amount of paid leave

The paid leave that is available to an employee of the Government Accountability Office for purposes of subparagraph (A) is—

(i)

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

(ii)

during the 12-month period referred to in subsection (a)(1) and in addition to the administrative workweeks described in clause (i), any additional paid vacation, personal, family, medical, or sick leave provided by such employer.

(C)

Limitation

(D)

Additional rules

Paid parental leave under subparagraph (B)(i)—

(i)

shall be payable from any appropriation or fund available for salaries or expenses for positions with the Government Accountability Office;

(ii)

if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use; and

(iii)

shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5 or section 2614(c)(2) of this title.

(4)

Special rule for Library of Congress employees

(e)

Foreseeable leave

(1)

Requirement of notice

(2)

Duties of employee

In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3) 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, parent, or covered servicemember 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.

(3)

Notice for leave due to covered active duty of family member

(f)

Spouses employed by same employer

(1)

In general

In any case in which a husband and wife entitled to leave under subsection (a) 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—

(A)

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

(B)

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

(2)

Servicemember family leave

(A)

In general

The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is—

(i)

leave under subsection (a)(3); or

(ii)

a combination of leave under subsection (a)(3) and leave described in paragraph (1).

(B)

Both limitations applicable

(Pub. L. 103–3, title I, § 102, Feb. 5, 1993, 107 Stat. 9; Pub. L. 110–181, div. A, title V, § 585(a)(2), (3)(A)–(D), Jan. 28, 2008, 122 Stat. 129, 130; Pub. L. 111–84, div. A, title V, § 565(a)(1)(B), (4), Oct. 28, 2009, 123 Stat. 2309, 2311; Pub. L. 111–119, § 2(b), Dec. 21, 2009, 123 Stat. 3477; Pub. L. 116–92, div. F, title LXXVI, § 7604(a), Dec. 20, 2019, 133 Stat. 2307; Pub. L. 116–127, div. C, § 3102(a), Mar. 18, 2020, 134 Stat. 189.)

cite as: 29 USC 2612