§ 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
Page 781 TITLE 29—LABOR § 2613

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.

(Pub. L. 103–3, title I, §102, Feb. 5, 1993, 107 Stat.

9.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2611, 2613, 2614,

2618 of this title; title 2 section 1312; title 3 section 412.

§ 2613. Certification

(a) In general

An employer may require that a request for

leave under subparagraph (C) or (D) of section

2612(a)(1) of this title be supported by a certification issued by the health care provider of the

eligible employee or of the son, daughter,

spouse, or parent of the employee, as appropriate. The employee shall provide, in a timely

manner, a copy of such certification to the employer.

(b) Sufficient certification

Certification provided under subsection (a) of

this section 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 section

2612(a)(1)(C) of this title, a statement that the

eligible employee is needed to care for the son,

daughter, spouse, or parent and an estimate of

the amount of time that such employee is

needed to care for the son, daughter, spouse,

or parent; and

(B) for purposes of leave under section

2612(a)(1)(D) of this title, a statement that the

employee is unable to perform the functions of

the position of the employee;

(5) in the case of certification for intermittent leave, or leave on a reduced leave sched-