§ 2601 TITLE 29—LABOR Page 778

(Pub. L. 102–530, §10, Oct. 27, 1992, 106 Stat. 3468.)

CHAPTER 28—FAMILY AND MEDICAL LEAVE

Sec.

2601. Findings and purposes.

(a) Findings.

(b) Purposes.

SUBCHAPTER I—GENERAL REQUIREMENTS FOR

LEAVE

2611. Definitions.

2612. Leave requirement.

(a) In general.

(b) Leave taken intermittently or on reduced leave schedule.

(c) Unpaid leave permitted.

(d) Relationship to paid leave.

(e) Foreseeable leave.

(f) Spouses employed by same employer.

2613. Certification.

(a) In general.

(b) Sufficient certification.

(c) Second opinion.

(d) Resolution of conflicting opinions.

(e) Subsequent recertification.

2614. Employment and benefits protection.

(a) Restoration to position.

(b) Exemption concerning certain highly

compensated employees.

(c) Maintenance of health benefits.

2615. Prohibited acts.

(a) Interference with rights.

(b) Interference with proceedings or inquiries.

2616. Investigative authority.

(a) In general.

(b) Obligation to keep and preserve

records.

(c) Required submissions generally limited to annual basis.

(d) Subpoena powers.

2617. Enforcement.

(a) Civil action by employees.

(b) Action by Secretary.

(c) Limitation.

(d) Action for injunction by Secretary.

(e) Solicitor of Labor.

(f) General Accounting Office and Library of Congress.

2618. Special rules concerning employees of local

educational agencies.

(a) Application.

(b) Leave does not violate certain other

Federal laws.

(c) Intermittent leave or leave on reduced schedule for instructional

employees.

(d) Rules applicable to periods near conclusion of academic term.

(e) Restoration to equivalent employment position.

(f) Reduction of amount of liability.

2619. Notice.

(a) In general.

(b) Penalty.

SUBCHAPTER II—COMMISSION ON LEAVE

2631. Establishment.

2632. Duties.

2633. Membership.

(a) Composition.

(b) Vacancies.

(c) Chairperson and vice chairperson.

(d) Quorum.

2634. Compensation.

(a) Pay.

(b) Travel expenses.

2635. Powers.

(a) Meetings.

Sec.

(b) Hearings and sessions.

(c) Access to information.

(d) Use of facilities and services.

(e) Personnel from other agencies.

(f) Voluntary service.

2636. Termination.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS

2651. Effect on other laws.

(a) Federal and State antidiscrimination

laws.

(b) State and local laws.

2652. Effect on existing employment benefits.

(a) More protective.

(b) Less protective.

2653. Encouragement of more generous leave policies.

2654. Regulations.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 3 sections 412, 415.

§ 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
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-