§ 2614 TITLE 29—LABOR Page 782

ule, for planned medical treatment, the dates

on which such treatment is expected to be

given and the duration of such treatment;

(6) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section 2612(a)(1)(D) of this title, a

statement of the medical necessity for the

intermittent leave or leave on a reduced leave

schedule, and the expected duration of the

intermittent leave or reduced leave schedule;

and

(7) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section 2612(a)(1)(C) of this title, a

statement that the employee’s intermittent

leave or leave on a reduced leave schedule is

necessary for the care of the son, daughter,

parent, or spouse who has a serious health

condition, or will assist in their recovery, and

the expected duration and schedule of the

intermittent leave or reduced leave schedule.

(c) Second opinion

(1) In general

In any case in which the employer has reason to doubt the validity of the certification

provided under subsection (a) of this section

for leave under subparagraph (C) or (D) of section 2612(a)(1) of this title, the employer may

require, at the expense of the employer, that

the eligible employee obtain the opinion of a

second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this

section for such leave.

(2) Limitation

A health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employer.

(d) Resolution of conflicting opinions

(1) In general

In any case in which the second opinion described in subsection (c) of this section differs

from the opinion in the original certification

provided under subsection (a) of this section,

the employer may require, at the expense of

the employer, that the employee obtain the

opinion of a third health care provider designated or approved jointly by the employer

and the employee concerning the information

certified under subsection (b) of this section.

(2) Finality

The opinion of the third health care provider

concerning the information certified under

subsection (b) of this section shall be considered to be final and shall be binding on the

employer and the employee.

(e) Subsequent recertification

The employer may require that the eligible

employee obtain subsequent recertifications on

a reasonable basis.

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

11.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2612 of this title;

title 2 section 1312; title 3 section 412.

§ 2614. Employment and benefits protection

(a) Restoration to position

(1) In general

Except as provided in subsection (b) of this

section, any eligible employee who takes leave

under section 2612 of this title for the intended

purpose of the leave shall be entitled, on return from such leave—

(A) to be restored by the employer to the

position of employment held by the employee when the leave commenced; or

(B) to be restored to an equivalent position

with equivalent employment benefits, pay,

and other terms and conditions of employment.

(2) Loss of benefits

The taking of leave under section 2612 of this

title shall not result in the loss of any employment benefit accrued prior to the date on

which the leave commenced.

(3) Limitations

Nothing in this section shall be construed to

entitle any restored employee to—

(A) the accrual of any seniority or employment benefits during any period of leave; or

(B) any right, benefit, or position of employment other than any right, benefit, or

position to which the employee would have

been entitled had the employee not taken

the leave.

(4) Certification

As a condition of restoration under paragraph (1) for an employee who has taken leave

under section 2612(a)(1)(D) of this title, the

employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the health

care provider of the employee that the employee is able to resume work, except that

nothing in this paragraph shall supersede a

valid State or local law or a collective bargaining agreement that governs the return to

work of such employees.

(5) Construction

Nothing in this subsection shall be construed to prohibit an employer from requiring

an employee on leave under section 2612 of this

title to report periodically to the employer on

the status and intention of the employee to return to work.

(b) Exemption concerning certain highly compensated employees

(1) Denial of restoration

An employer may deny restoration under

subsection (a) of this section to any eligible

employee described in paragraph (2) if—

(A) such denial is necessary to prevent

substantial and grievous economic injury to

the operations of the employer;

(B) the employer notifies the employee of

the intent of the employer to deny restoration on such basis at the time the employer

determines that such injury would occur;

and

(C) in any case in which the leave has commenced, the employee elects not to return to

employment after receiving such notice.
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