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29 U.S.C. § 2613 — Leave requirement
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Entitlement to leave** — Subject to [section 2613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2613&num=0&edition=prelim) and subsection (d)(3), 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.
(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
(F) During the period beginning on the date the Emergency Family and Medical Leave Expansion Act takes effect, and ending on December 31, 2020, because of a qualifying need related to a public health emergency in accordance with [section 2620 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2620&num=0&edition=prelim).
(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.
(3) **Servicemem
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**(a) In general**
(1) **Entitlement to leave** — Subject to [section 2613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2613&num=0&edition=prelim) and subsection (d)(3), 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.
(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
(F) During the period beginning on the date the Emergency Family and Medical Leave Expansion Act takes effect, and ending on December 31, 2020, because of a qualifying need related to a public health emergency in accordance with [section 2620 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2620&num=0&edition=prelim).
(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.
(3) **Servicemember family leave** — Subject to [section 2613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2613&num=0&edition=prelim), an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.
(4) **Combined leave total** — Subject to subsection (d)(3), during the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.
(5) **Calculation of leave for airline flight crews** — The Secretary may provide, by regulation, a method for calculating the leave described in paragraph (1) with respect to employees described in [section 2611(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611/2/D&num=0&edition=prelim).
**(b) Leave taken intermittently or on reduced leave schedule**
(1) **In general** — Leave under subparagraph (A) or (B) of subsection (a)(1) 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), and subsection (b)(5) or (f) (as appropriate) of [section 2613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2613&num=0&edition=prelim), leave under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3) may be taken intermittently or on a reduced leave schedule when medically necessary. Subject to subsection (e)(3) and [section 2613(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2613/f&num=0&edition=prelim), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule. 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) 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) or under subsection (a)(3), that is foreseeable based on planned medical treatment, the employer may 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), leave granted under subsection (a) (other than certain periods of leave under subsection (a)(1)(F)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/a/1&num=0&edition=prelim), 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 (or 26 workweeks in the case of leave provided under subsection (a)(3)), the additional weeks of leave necessary to attain the 12 workweeks (or 26 workweeks, as appropriate) 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), (C), or (E) of subsection (a)(1) 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) 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. An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection, except that nothing in this subchapter requires an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave.
(3) **Special rule for GAO employees**
(A) *Substitution of paid leave* — An employee of the Government Accountability Office may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose.
(B) *Amount of paid leave* — The paid leave that is available to an employee of the Government Accountability Office for purposes of subparagraph (A) is—
(i) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under [section 6382(d)(2)(B)(i) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6382/d/2/B/i&num=0&edition=prelim); and
(ii) during the 12-month period referred to in subsection (a)(1) and in addition to the administrative workweeks described in clause (i), any additional paid vacation, personal, family, medical, or sick leave provided by such employer.
(C) *Limitation* — Nothing in this section shall be considered to require or permit an employer to require that an employee first use all or any portion of the leave described in subparagraph (B)(ii) before being allowed to use the paid parental leave described in clause (i) of subparagraph (B).
(D) *Additional rules* — Paid parental leave under subparagraph (B)(i)—
(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the Government Accountability Office;
(ii) if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use; and
(iii) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of [section 6382(d)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6382/d/2&num=0&edition=prelim) or [section 2614(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2614/c/2&num=0&edition=prelim).
(4) **Special rule for Library of Congress employees** — Consistent with [section 1301(a)(3)(J) of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301/a/3/J&num=0&edition=prelim), the rights and protections established by sections 2611 through 2615 of this title, including section 2612(d)(3), shall apply to employees of the Library of Congress under [section 1312 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1312&num=0&edition=prelim).
**(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) 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) or under subsection (a)(3) 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, parent, or covered servicemember 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.
(3) **Notice for leave due to covered active duty of family member** — In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the employer as is reasonable and practicable.
**(f) Spouses employed by same employer**
(1) **In general** — In any case in which a husband and wife entitled to leave under subsection (a) 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—
(A) under subparagraph (A) or (B) of subsection (a)(1); or
(B) to care for a sick parent under subparagraph (C) of such subsection.
(2) **Servicemember family leave**
(A) *In general* — The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is—
(i) leave under subsection (a)(3); or
(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1).
(B) *Both limitations applicable* — If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(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 E
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary, setting forth excerpts from, or summaries of, the pertinent provisions of this subchapter and information pertaining to the filing of a charge.
**(b) Penalty** Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Labor shall prescribe such regulations as are necessary to carry out subchapter I and this subchapter not later than 120 days after February 5, 1993.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Family and medical leave rights and protections provided**
(1) **In general** — The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 ([29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) through 2615) shall apply to covered employees. In applying section 102 of such Act [[29 U.S.C. 2612](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612&num=0&edition=prelim)] with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act [[29 U.S.C. 2612(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612/a/1&num=0&edition=prelim), (4)] shall be subject to subsection (d) of this section.
(2) **Definitions** — For purposes of the application described in paragraph (1)—
(A) the term “employer” as used in the Family and Medical Leave Act of 1993 means any employing office, and
(B) the term “eligible employee” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months.
The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ([29 U.S.C. 2612(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612/a/1&num=0&edition=prelim)).
**(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appr
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discrimination based on genetic information** It shall be an unlawful employment practice for an employer—
(1) to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee; or
(2) to limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of genetic information with respect to the employee.
**(b) Acquisition of genetic information** It shall be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to an employee or a family member of the employee except—
(1) where an employer inadvertently requests or requires family medical history of the employee or family member of the employee;
(2) where—
(A) health or genetic services are offered by the employer, including such services offered as part of a wellness program;
(B) the employee provides prior, knowing, voluntary, and written authorization;
(C) only the employee (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and
(D) any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph (A) is only available for purposes of such services and shall not be disclosed to the empl
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discrimination based on genetic information** It shall be an unlawful employment practice for an employment agency—
(1) to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of genetic information with respect to the individual;
(2) to limit, segregate, or classify individuals or fail or refuse to refer for employment any individual in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the status of the individual as an employee, because of genetic information with respect to the individual; or
(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this chapter.
**(b) Acquisition of genetic information** It shall be an unlawful employment practice for an employment agency to request, require, or purchase genetic information with respect to an individual or a family member of the individual except—
(1) where an employment agency inadvertently requests or requires family medical history of the individual or family member of the individual;
(2) where—
(A) health or genetic services are offered by the employment agency, including such services offered as part of a wellness program;
(B) the individual provides prior, knowing, voluntary, and written authorization;
(C) only the individual (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and
(D) any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under sub
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discrimination based on genetic information** It shall be an unlawful employment practice for a labor organization—
(1) to exclude or to expel from the membership of the organization, or otherwise to discriminate against, any member because of genetic information with respect to the member;
(2) to limit, segregate, or classify the members of the organization, or fail or refuse to refer for employment any member, in any way that would deprive or tend to deprive any member of employment opportunities, or otherwise adversely affect the status of the member as an employee, because of genetic information with respect to the member; or
(3) to cause or attempt to cause an employer to discriminate against a member in violation of this chapter.
**(b) Acquisition of genetic information** It shall be an unlawful employment practice for a labor organization to request, require, or purchase genetic information with respect to a member or a family member of the member except—
(1) where a labor organization inadvertently requests or requires family medical history of the member or family member of the member;
(2) where—
(A) health or genetic services are offered by the labor organization, including such services offered as part of a wellness program;
(B) the member provides prior, knowing, voluntary, and written authorization;
(C) only the member (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and
(D) any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discrimination based on genetic information** It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs—
(1) to discriminate against any individual because of genetic information with respect to the individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining;
(2) to limit, segregate, or classify the applicants for or participants in such apprenticeship or other training or retraining, or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the status of the individual as an employee, because of genetic information with respect to the individual; or
(3) to cause or attempt to cause an employer to discriminate against an applicant for or a participant in such apprenticeship or other training or retraining in violation of this chapter.
**(b) Acquisition of genetic information** It shall be an unlawful employment practice for an employer, labor organization, or joint labor-management committee described in subsection (a) to request, require, or purchase genetic information with respect to an individual or a family member of the individual except—
(1) where the employer, labor organization, or joint labor-management committee inadvertently requests or requires family medical history of the individual or family member of the individual;
(2) where—
(A) health or genetic services are offered by the employer, labor organization, or joint labor-management committee, including such services offered as part of a wellness
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Treatment of information as part of confidential medical record** If an employer, employment agency, labor organization, or joint labor-management committee possesses genetic information about an employee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member. An employer, employment agency, labor organization, or joint labor-management committee shall be considered to be in compliance with the maintenance of information requirements of this subsection with respect to genetic information subject to this subsection that is maintained with and treated as a confidential medical record under [section 12112(d)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112/d/3/B&num=0&edition=prelim).
**(b) Limitation on disclosure** An employer, employment agency, labor organization, or joint labor-management committee shall not disclose genetic information concerning an employee or member except—
(1) to the employee or member of a labor organization (or family member if the family member is receiving the genetic services) at the written request of the employee or member of such organization;
(2) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations;
(3) in response to an order of a court, except that—
(A) the employer, employment agency, labor organization, or joint labor-management committee may disclose only the genetic information expressly authorized by such order; and
(B) if the court order was secured without the knowledge of the employee or member to whom the in
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Federal law — U.S. Code and appendices · legal_authorities
Page 783
TITLE 29—LABOR
§ 2613
(i) leave under subsection (a)(3); or
(ii) a combination of leave under sub-
section (a)(3) and leave described in para-
graph (1).
(B) Both limitations applicable
If the leave taken by the husband and wife
includes leave described in paragraph (1), the
limitation in paragraph (1) shall apply to the
leave described in paragraph (1).
(Pub. L. 103–3, title I, § 102, Feb. 5, 1993, 107 Stat.
9; Pub. L. 110–181, div. A, title V, § 585(a)(2),
(3)(A)–(D), Jan. 28, 2008, 122 Stat. 129, 130; Pub. L.
111–84, div. A, title V, § 565(a)(1)(B), (4), Oct. 28,
2009, 123 Stat. 2309, 2311; Pub. L. 111–119, § 2(b),
Dec. 21, 2009, 123 Stat. 3477; Pub. L. 116–92, div. F,
title LXXVI, § 7604(a), Dec. 20, 2019, 133 Stat. 2307;
Pub. L. 116–127, div. C, § 3102(a), Mar. 18, 2020, 134
Stat. 189.)
Editorial Notes
REFERENCES IN TEXT
The date the Emergency Family and Medical Leave
Expansion Act takes effect, referred to in subsec.
(a)(1)(F), is the effective date of div. C of Pub. L.
116–127, which is set out as an Effective Date note under
section 2620 of this title.
CONSTITUTIONALITY
For information regarding the constitutionality of
certain provisions of this section, see the Table of Laws
Held Unconstitutional in Whole or in Part by the Su-
preme Court on the Constitution Annotated website,
constitution.congress.gov.
AMENDMENTS
2020—Subsec. (a)(1)(F). Pub. L. 116–127, § 3102(a)(1),
added subpar. (F).
Subsec. (c). Pub. L. 116–127, § 3102(a)(2), substituted
‘‘under subsection (a) (other than certain periods of
leave under subsection (a)(1)(F))’’ for ‘‘under subsection
(a)’’.
2019—Subsec. (a)(1). Pub. L. 116–92, § 7604(a)(1)(A), in-
serted ‘‘and subsection (d)(3)’’ after ‘‘section 2613 of this
title’’ in introductory provisions.
Sub
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 2613
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.