TITLE 29 - LABOR
CHAPTER 28 - FAMILY AND MEDICAL LEAVE
SUBCHAPTER I - GENERAL REQUIREMENTS FOR LEAVE
29 U.S.C. Section
2612. Leave requirement
(a) In general
(1) Entitlement to leave
Subject to section 2613 of this title, 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.
(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.
(b) Leave taken intermittently or on reduced leave schedule
(1) In general
Leave under subparagraph (A) or (B) of subsection (a)(1) of
this section 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) of this section, and section 2613(b)(5) of
this
title, leave under subparagraph (C) or (D) of subsection (a)(1)
of this section may be taken intermittently or on a reduced
leave
schedule when medically necessary. The taking of leave
intermittently or on a reduced leave schedule pursuant to this
paragraph shall not result in a reduction in the total amount of
leave to which the employee is entitled under subsection (a) of
this section beyond the amount of leave actually taken.
(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) of this section, 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) of this section, leave
granted under subsection (a) may consist of unpaid leave. Where
an
employee is otherwise exempt under regulations issued by the
Secretary pursuant to section 213(a)(1) of this title, the
compliance of an employer with this subchapter by
providing unpaid
leave shall not affect the exempt status of the employee under
such
section.
(d) Relationship to paid leave
(1) Unpaid leave
If an employer provides paid leave for fewer than
12 workweeks,
the additional weeks of leave necessary to attain the 12
workweeks 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), or (C) of
subsection (a)(1) of this section 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) of this section 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.
(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) of this section 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) of this section 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, or parent 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.
(f) Spouses employed by same employer
In any case in which a husband and wife entitled to leave under
subsection (a) of this section 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 -
(1) under subparagraph (A) or (B) of subsection (a)(1) of this
section; or
(2) to care for a sick parent under subparagraph (C) of such
subsection.
-SOURCE-
(Pub. L. 103-3, title I, Sec. 102, Feb. 5, 1993, 107 Stat. 9.)
