Page 779 TITLE 29—LABOR § 2611

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 genderneutral basis; and

(5) to promote the goal of equal employment

opportunity for women and men, pursuant to

such clause.

(Pub. L. 103–3, §2, Feb. 5, 1993, 107 Stat. 6.)

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 103–3,

Feb. 5, 1993, 107 Stat. 6, known as the Family and Medical Leave Act of 1993, which enacted this chapter, sections 60m and 60n of Title 2, The Congress, and sections

6381 to 6387 of Title 5, Government Organization and

Employees, amended section 2105 of Title 5, and enacted provisions set out as notes below. For complete

classification of this Act to the Code, see Short Title

note set out below and Tables.

EFFECTIVE DATE

Section 405 title IV of Pub. L. 103–3 provided that:

‘‘(a) TITLE III.—Title III [enacting subchapter II of

this chapter] shall take effect on the date of the enactment of this Act [Feb. 5, 1993].

‘‘(b) OTHER TITLES.—

‘‘(1) IN GENERAL.—Except as provided in paragraph

(2), titles I, II, and V and this title [enacting subchapters I and III of this chapter, sections 60m and

60n of Title 2, The Congress, and sections 6381 to 6387

of Title 5, Government Organization and Employees,

and amending section 2105 of Title 5] shall take effect

6 months after the date of the enactment of this Act.

‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.—In the

case of a collective bargaining agreement in effect on

the effective date prescribed by paragraph (1), title I

[enacting subchapter I of this chapter] shall apply on

the earlier of—

‘‘(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

Section 1(a) of Pub. L. 103–3 provided that: ‘‘This Act

[enacting this chapter, sections 60m and 60n of Title 2,

The Congress, and sections 6381 to 6387 of Title 5, Government Organization and Employees, amending section 2105 of Title 5, and enacting provisions set out

above] may be cited as the ‘Family and Medical Leave

Act of 1993’.’’

ACT REFERRED TO IN OTHER SECTIONS

The Family and Medical Leave Act of 1993 is referred

to in title 2 sections 1302, 1312, 1371, 1434; title 3 section

402; title 40 section 207b.

SUBCHAPTER I—GENERAL REQUIREMENTS

FOR LEAVE

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2632, 2654 of

this title; title 42 section 12631.

§ 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 section 142 of this title.

(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 section 2612 of this title; and

(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 chapter 63 of

title 5; or

(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 section 207

of this title shall apply.

(3) Employ; employee; State

The terms ‘‘employ’’, ‘‘employee’’, and

‘‘State’’ have the same meanings given such

terms in subsections (c), (e), and (g) of section

203 of this title.

(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 section 203(x) of this title; and

(iv) includes the General Accounting 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 employ-
§ 2612 TITLE 29—LABOR Page 780

ees 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 section 1002(3) of

this title.

(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 section 203(a) of this title.

(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.

(Pub. L. 103–3, title I, §101, Feb. 5, 1993, 107 Stat.

7; Pub. L. 104–1, title II, §202(c)(1)(A), Jan. 23,

1995, 109 Stat. 9.)

AMENDMENTS

1995—Par. (4)(A)(iv). Pub. L. 104–1 added cl. (iv).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104–1 effective one year after

transmission to Congress of the study under section

1371 of Title 2, The Congress, see section 1312(e)(2) of

Title 2. The study required under section 1371 of Title

2, dated Dec. 31, 1996, was transmitted to Congress by

the Board of Directors of the Office of Compliance on

Dec. 30, 1996.

EFFECTIVE DATE

Subchapter effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, subchapter 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 Pub. L. 103–3, set

out as a note under section 2601 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1312; title

3 section 412; title 42 section 12631.

§ 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