CHAPTER 28 —FAMILY AND MEDICAL LEAVE
SUBCHAPTER I—GENERAL REQUIREMENTS FOR LEAVE
SUBCHAPTER II—COMMISSION ON LEAVE
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
§2601. Findings and purposes
(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.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (b), is
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(b)
"(1)
"(2)
"(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 of 2020 Amendment
Short Title of 2009 Amendment
Short Title
Emergency Paid Sick Leave Related to COVID–19
"SEC. 5101. SHORT TITLE.
"This Act [div. E of
"SEC. 5102. PAID SICK TIME REQUIREMENT.
"(a)
"(1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19.
"(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
"(3) The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
"(4) The employee is caring for an individual who is subject to an order as described in subparagraph [sic] (1) or has been advised as described in paragraph (2).
"(5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions.
"(6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Except that an employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of this subsection.
"(b)
"(1)
"(2)
"(A) For full-time employees, 80 hours.
"(B) For part-time employees, a number of hours equal to the number of hours that such employee works, on average, over a 2-week period.
"(3)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A)
"(B)
"(f)
"(1) $511 per day and $5,110 in the aggregate for each employee, when the employee is taking leave for a reason described in paragraph (1), (2), or (3) of section 5102(a); or
"(2) $200 per day and $2,000 in the aggregate for each employee, when the employee is taking leave for a reason described in paragraph (4), (5), or (6) of section 5102(a).
"SEC. 5103. NOTICE.
"(a)
"(b)
"SEC. 5104. PROHIBITED ACTS.
"It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who—
"(1) takes leave in accordance with this Act; or
"(2) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act (including a proceeding that seeks enforcement of this Act), or has testified or is about to testify in any such proceeding.
"SEC. 5105. ENFORCEMENT.
"(a)
"(1) be considered to have failed to pay minimum wages in violation of section 6 of the Fair Labor Standards Act of 1938 (
"(2) be subject to the penalties described in sections 16 and 17 of such Act (
"(b)
"(1) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 (
"(2) be subject to the penalties described in sections 16 and 17 of such Act (
"(c)
"SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS.
"(a)
"(b)
"SEC. 5107. RULES OF CONSTRUCTION.
"Nothing in this Act shall be construed—
"(1) to in any way diminish the rights or benefits that an employee is entitled to under any—
"(A) other Federal, State, or local law;
"(B) collective bargaining agreement; or
"(C) existing employer policy; or
"(2) to require financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for paid sick time under this Act that has not been used by such employee.
"SEC. 5108. EFFECTIVE DATE.
"This Act, and the requirements under this Act, shall take effect not later than 15 days after the date of enactment of this Act [Mar. 18, 2020].
"SEC. 5109. SUNSET.
"This Act, and the requirements under this Act, shall expire on December 31, 2020.
"SEC. 5110. DEFINITIONS.
"For purposes of the Act:
"(1)
"(A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (
"(ii) an employee of the Government Accountability Office;
"(B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (
"(C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (
"(D) a covered employee, as defined in
"(E) a Federal officer or employee covered under subchapter V of
"(F) any other individual occupying a position in the civil service (as that term is defined in
"(2)
"(A)
"(i)(I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V);
"(II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991;
"(III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995;
"(IV) an employing office, as defined in
"(V) an Executive Agency as defined in
"(ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii).
"(B)
"(i)
"(I) means any person engaged in commerce or in any industry or activity affecting commerce that—
(aa) in the case of a private entity or individual, employs fewer than 500 employees; and
(bb) in the case of a public agency or any other entity that is not a private entity or individual, employs 1 or more employees;
"(II) includes—
(aa) includes [sic] any person acting directly or indirectly in the interest of an employer in relation to an employee (within the meaning of such phrase in section 3(d) of the Fair Labor Standards Act of 1938 (
(bb) any successor in interest of an employer;
"(III) includes any 'public agency', as defined in section 3(x) of the Fair Labor Standards Act of 1938 (
"(IV) includes the Government Accountability Office and the Library of Congress.
"(ii)
"(iii)
"(I)
"(II)
"(III)
"(3)
"(4)
"(5)
"(A)
"(i) is provided by an employer for use during an absence from employment for a reason described in any paragraph of section 2(a) [probably means section 5102(a)]; and
"(ii) is calculated based on the employee's required compensation under subparagraph (B) and the number of hours the employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)), except that in no event shall such paid sick time exceed—
"(I) $511 per day and $5,110 in the aggregate for a use described in paragraph (1), (2), or (3) of section 5102(a); and
"(II) $200 per day and $2,000 in the aggregate for a use described in paragraph (4), (5), or (6) of section 5102(a).
"(B)
"(i)
"(I) The employee's regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 (
"(II) The minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (
"(III) The minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed.
"(ii)
"(C)
"(i) Subject to clause (ii), a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the employee took leave of any type.
"(ii) If the employee did not work over such period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
"(D)
"(E)
"SEC. 5111. REGULATORY AUTHORITIES.
"The Secretary of Labor shall have the authority to issue regulations for good cause under
"(1) to exclude certain health care providers and emergency responders from the definition of employee under section 5110(1) including by allowing the employer of such health care providers and emergency responders to opt out;
"(2) to exempt small businesses with fewer than 50 employees from the requirements of section 5102(a)(5) when the imposition of such requirements would jeopardize the viability of the business as a going concern; and
"(3) as necessary, to carry out the purposes of this Act, including to ensure consistency between this Act and Division C [see Short Title of 2020 Amendment note set out above] and Division G [enacting provisions set out as notes under
"SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES.
"The Director of the Office of Management and Budget shall have the authority to exclude for good cause from the definition of employee under section 5110(1) certain employees described in subparagraphs (E) and (F) of such section [sic], including by exempting certain United States Government employers covered by section 5110(2)(A)(i)(V) from the requirements of this title [probably should be "this Act"] with respect to certain categories of Executive Branch employees."
SUBCHAPTER I—GENERAL REQUIREMENTS FOR LEAVE
§2611. Definitions
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
(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
(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
(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
(D) Airline flight crews
(i) Determination
For purposes of determining whether an employee who is a flight attendant or flight crewmember (as such terms are defined in regulations of the Federal Aviation Administration) meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to meet the requirement if—
(I) the employee has worked or been paid for not less than 60 percent of the applicable total monthly guarantee, or the equivalent, for the previous 12-month period, for or by the employer with respect to whom leave is requested under
(II) the employee has worked or been paid for not less than 504 hours (not counting personal commute time or time spent on vacation leave or medical or sick leave) during the previous 12-month period, for or by that employer.
(ii) File
Each employer of an employee described in clause (i) shall maintain on file with the Secretary (in accordance with such regulations as the Secretary may prescribe) containing information specifying the applicable monthly guarantee with respect to each category of employee to which such guarantee applies.
(iii) Definition
In this subparagraph, the term "applicable monthly guarantee" means—
(I) for an employee described in clause (i) other than an employee on reserve status, the minimum number of hours for which an employer has agreed to schedule such employee for any given month; and
(II) for an employee described in clause (i) who is on reserve status, the number of hours for which an employer has agreed to pay such employee on reserve status for any given month,
as established in the applicable collective bargaining agreement or, if none exists, in the employer's policies.
(E) GAO employees
In the case of an employee of the Government Accountability Office, the requirements of subparagraph (A) shall not apply with respect to leave under section 2612(a)(1)(A) or (B) of this title.
(3) Employ; employee; State
The terms "employ", "employee", and "State" have the same meanings given such terms in subsections (c), (e), and (g) of
(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
(iv) includes the Government Accountability 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
(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
(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.
(14) Covered active duty
The term "covered active duty" means—
(A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and
(B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in
(15) Covered servicemember
The term "covered servicemember" means—
(A) 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; or
(B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
(16) Outpatient status
The term "outpatient status", with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to—
(A) a military medical treatment facility as an outpatient; or
(B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
(17) Next of kin
The term "next of kin", used with respect to an individual, means the nearest blood relative of that individual.
(18) Serious injury or illness
The term "serious injury or illness"—
(A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and
(B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (15)(B), means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
(19) Veteran
The term "veteran" has the meaning given the term in
(
Editorial Notes
Amendments
2019—Par. (2)(E).
2009—Par. (2)(D).
Par. (14).
Par. (15).
Pars. (16), (17).
Par. (18).
Par. (19).
2008—Pars. (14) to (19).
2004—Par. (4)(A)(iv).
1995—Par. (4)(A)(iv).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date of 1995 Amendment
Amendment by
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
Regulations
FMLA: Including Military Service in Determining Eligibility
"(1)
"(2)
"(A) includes—
"(i) any Federal employee eligible for family and medical leave under the Family and Medical Leave Act of 1993 [
"(ii) any Federal employee covered by the Congressional Accountability Act of 1995 [
"(iii) any Federal employee of the Executive Office of the President eligible for family and medical leave by operation of
"(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]"
§2612. Leave requirement
(a) In general
(1) Entitlement to leave
Subject to
(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
(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.
(3) Servicemember family leave
Subject to
(4) Combined leave total
Subject to subsection (d)(3), during the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.
(5) Calculation of leave for airline flight crews
The Secretary may provide, by regulation, a method for calculating the leave described in paragraph (1) with respect to employees described in
(b) Leave taken intermittently or on reduced leave schedule
(1) In general
Leave under subparagraph (A) or (B) of subsection (a)(1) 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), and subsection (b)(5) or (f) (as appropriate) of
(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
Except as provided in subsection (d), leave granted under subsection (a) (other than certain periods of leave under subsection (a)(1)(F)) may consist of unpaid leave. Where an employee is otherwise exempt under regulations issued by the Secretary pursuant to
(d) Relationship to paid leave
(1) Unpaid leave
If an employer provides paid leave for fewer than 12 workweeks (or 26 workweeks in the case of leave provided under subsection (a)(3)), the additional weeks of leave necessary to attain the 12 workweeks (or 26 workweeks, as appropriate) 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), (C), or (E) of subsection (a)(1) 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) 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. 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.
(3) Special rule for GAO employees
(A) Substitution of paid leave
An employee of the Government Accountability Office may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose.
(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
(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
Nothing in this section shall be considered to require or permit an employer to require that an employee first use all or any portion of the leave described in subparagraph (B)(ii) before being allowed to use the paid parental leave described in clause (i) of subparagraph (B).
(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
(4) Special rule for Library of Congress employees
Consistent with
(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) 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) 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
In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the employer as is reasonable and practicable.
(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
If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).
(
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
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).
Subsec. (c).
2019—Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (d)(3), (4).
2009—Subsec. (a)(1)(E).
Subsec. (a)(5).
Subsec. (e)(2)(A).
Subsec. (e)(3).
2008—Subsec. (a)(1)(E).
Subsec. (a)(3), (4).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Effective Date of 2019 Amendment
Amendment by
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
Clarification for Members of the National Guard and Reserves: GAO and Library of Congress Employees
§2613. Certification
(a) In general
An employer may require that a request for leave under subparagraph (C) or (D) of paragraph (1) or paragraph (3) of
(b) Sufficient certification
Certification provided under subsection (a) 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
(B) for purposes of leave under
(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
(7) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under
(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) for leave under subparagraph (C) or (D) of
(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) differs from the opinion in the original certification provided under subsection (a), 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).
(2) Finality
The opinion of the third health care provider concerning the information certified under subsection (b) 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.
(f) Certification related to covered active duty or call to covered active duty
An employer may require that a request for leave under
(
Editorial Notes
Amendments
2009—Subsec. (f).
2008—Subsec. (a).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
§2614. Employment and benefits protection
(a) Restoration to position
(1) In general
Except as provided in subsection (b), any eligible employee who takes leave under
(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
(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
(5) Construction
Nothing in this subsection shall be construed to prohibit an employer from requiring an employee on leave under
(b) Exemption concerning certain highly compensated employees
(1) Denial of restoration
An employer may deny restoration under subsection (a) 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
(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
(A) the employee fails to return from leave under
(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
(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
(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
(iii) a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in
(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.
(
Editorial Notes
Amendments
2008—Subsec. (c)(2)(B)(i).
Subsec. (c)(3)(A)(iii).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
§2615. Prohibited acts
(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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
§2616. Investigative authority
(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), the investigative authority provided under
(b) Obligation to keep and preserve records
Any employer shall make, keep, and preserve records pertaining to compliance with this subchapter in accordance with
(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
(d) Subpoena powers
For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
§2617. Enforcement
(a) Civil action by employees
(1) Liability
Any employer who violates
(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 (or 26 weeks, in a case involving leave under
(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
(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) 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) 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
(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).
(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
(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
(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) Government Accountability Office and Library of Congress
In the case of the Government Accountability 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.
(
Editorial Notes
Amendments
2008—Subsec. (a)(1)(A)(i)(II).
2004—Subsec. (f).
1995—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
§2618. Special rules concerning employees of local educational agencies
(a) Application
(1) In general
Except as otherwise provided in this section, the rights (including the rights under
(A) any "local educational agency" (as defined in
(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 (
(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
(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
(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
(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
(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
(e) Restoration to equivalent employment position
For purposes of determinations under
(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
(
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (b), is title VI of
The Civil Rights Act of 1964, referred to in subsec. (b), is
Amendments
2015—Subsec. (a)(1)(A).
2008—Subsecs. (c)(1), (d)(2), (3).
2002—Subsec. (a)(1)(A).
1994—Subsec. (a)(1)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
§2619. Notice
(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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 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 Feb. 5, 1993, see section 405(b) of
§2620. Public health emergency leave
(a) Definitions
The following shall apply with respect to leave under
(1) Application of certain terms
The definitions in
(A) Eligible employee
(i) In general
In lieu of the definition in
(ii) 1 Rule regarding rehired employees
For purposes of clause (i), the term "employed for at least 30 calendar days", used with respect to an employee and an employer described in clause (i), includes an employee who was laid off by that employer not earlier than March 1, 2020, had worked for the employer for not less than 30 of the last 60 calendar days prior to the employee's layoff, and was rehired by the employer.
(ii) 1 Special rule
For purposes of applying
(B) Employer threshold
(2) Additional definitions
In addition to the definitions described in paragraph (1), the following definitions shall apply with respect to leave under
(A) Qualifying need related to a public health emergency
The term "qualifying need related to a public health emergency", with respect to leave, means the employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
(B) Public health emergency
The term "public health emergency" means an emergency with respect to COVID–19 declared by a Federal, State, or local authority.
(C) Child care provider
The term "child care provider" means a provider who receives compensation for providing child care services on a regular basis, including an "eligible child care provider" (as defined in
(D) School
The term "school" means an "elementary school" or "secondary school" as such terms are defined in
(3) Regulatory authorities
The Secretary of Labor shall have the authority to issue regulations for good cause under
(A) to exclude certain health care providers and emergency responders from the definition of eligible employee under subsection (a)(1)(A);
(B) to exempt small businesses with fewer than 50 employees from the requirements of
(C) as necessary to carry out the purposes of this Act, including to ensure consistency between this Act and Division E and Division G of the Families First Coronavirus Response Act.
(4) The Director of the Office of Management and Budget shall have the authority to exclude for good cause from the requirements under subsection (b) certain employers of the United States Government with respect to certain categories of Executive Branch employees.
(b) Relationship to paid leave
(1) Unpaid leave for initial 10 days
(A) In general
The first 10 days for which an employee takes leave under
(B) Employee election
An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave under
(2) Paid leave for subsequent days
(A) In general
An employer shall provide paid leave for each day of leave under
(B) Calculation
(i) In general
Subject to clause (ii), paid leave under subparagraph (A) for an employee shall be calculated based on—
(I) an amount that is not less than two-thirds of an employee's regular rate of pay (as determined under
(II) the number of hours the employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)).
(ii) Limitation
An employer shall not be required to pay more than $200 per day and $10,000 in the aggregate for each employee for paid leave under this section.
(C) Varying schedule hours calculation
In the case of an employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the employee would have worked if such employee had not taken leave under
(i) Subject to clause (ii), a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes such leave, including hours for which the employee took leave of any type.
(ii) If the employee did not work over such period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
(c) Notice
In any case where the necessity for leave under
(d) Restoration to position
(1) In general
(2) Conditions
The conditions described in this paragraph are the following:
(A) The employee takes leave under
(B) The position held by the employee when the leave commenced does not exist due to economic conditions or other changes in operating conditions of the employer—
(i) that affect employment; and
(ii) are caused by a public health emergency during the period of leave.
(C) The employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced, with equivalent employment benefits, pay, and other terms and conditions of employment.
(D) If the reasonable efforts of the employer under subparagraph (C) fail, the employer makes reasonable efforts during the period described in paragraph (3) to contact the employee if an equivalent position described in subparagraph (C) becomes available.
(3) Contact period
The period described under this paragraph is the 1-year period beginning on the earlier of—
(A) the date on which the qualifying need related to a public health emergency concludes; or
(B) the date that is 12 weeks after the date on which the employee's leave under
(
Editorial Notes
References in Text
The Congressional Accountability Act of 1995, referred to in subsec. (a)(1)(A)(ii), is
This Act, referred to in subsec. (a)(3)(C), is
The Families First Coronavirus Response Act, referred to in subsec. (a)(3)(C), is
Amendments
2020—Subsec. (a)(1)(A).
Subsec. (a)(1)(A)(ii).
Subsec. (a)(3).
Subsec. (a)(3)(C).
Subsec. (a)(4).
Subsec. (b)(2)(B)(ii).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Employment Under Multi-Employer Bargaining Agreements
"(a)
"(b)
Special Rule for Certain Employers
Special Rule for Health Care Providers and Emergency Responders
1 So in original. Two cls. (ii) have been enacted.
SUBCHAPTER II—COMMISSION ON LEAVE
§2631. Establishment
There is established a commission to be known as the Commission on Leave (referred to in this subchapter as the "Commission").
(
§2632. Duties
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 with respect to employees described in
(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
(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).
(
Editorial Notes
References in Text
This Act, referred to in par. (1)(A), (D), is
§2633. Membership
(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.
(
§2634. Compensation
(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
(
§2635. Powers
(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
(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
(
§2636. Termination
The Commission shall terminate 30 days after the date of the submission of the report of the Commission to Congress.
(
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
§2651. Effect on other laws
(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.
(
Editorial Notes
References in Text
This Act, referred to in text, is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
§2652. Effect on existing employment benefits
(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.
(
Editorial Notes
References in Text
This Act, referred to in text, is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
§2653. Encouragement of more generous leave policies
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.
(
Editorial Notes
References in Text
This Act, referred to in text, is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
§2654. Regulations
The Secretary of Labor shall prescribe such regulations as are necessary to carry out subchapter I and this subchapter not later than 120 days after February 5, 1993.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of