Page 783 TITLE 29—LABOR § 2616

(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 section 2612 of this title, the employer shall maintain coverage under any

‘‘group health plan’’ (as defined in section

5000(b)(1) of title 26) for the duration of such

leave at the level and under the conditions

coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.

(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 section 2612 of this title if—

(A) the employee fails to return from leave

under section 2612 of this title after the period of leave to which the employee is entitled has expired; and

(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 section 2612(a)(1) of this title;

or

(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 section 2612(a)(1)(C) of this title; or

(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

section 2612(a)(1)(D) of this title.

(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.

(Pub. L. 103–3, title I, §104, Feb. 5, 1993, 107 Stat.

12.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2618, 2632 of this

title; title 2 section 1312; title 3 section 412.

§ 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.

(Pub. L. 103–3, title I, §105, Feb. 5, 1993, 107 Stat.

14.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2617 of this title;

title 2 section 1312; title 3 section 412.

§ 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) of this section,

the investigative authority provided under section 211(a) of this title.

(b) Obligation to keep and preserve records

Any employer shall make, keep, and preserve

records pertaining to compliance with this subchapter in accordance with section 211(c) of this