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3 U.S.C. § 412 — Rights and protections under the Family and Medical Leave Act of 1993
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 shall apply to covered employees.
(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.
(3) **Exception.—** — Notwithstanding section 401(b)(2), the requirements of paragraph (2)(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 appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993.
**(c) Special Rules for Substitution of Paid Leave.—**
(1) **Substitution of paid leave.—** — A covered employee may elect to substitute for any leave without pay 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)) any paid leave which is available to such employee for that purpose.
(2) **Available leave.—** — The paid leave that is available to a
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Source location: Title 3, Chapter 5, § 412; chapter-005-extension-of-certain-rights-and-protections-to-presidential-offices.md
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**(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 shall apply to covered employees.
(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.
(3) **Exception.—** — Notwithstanding section 401(b)(2), the requirements of paragraph (2)(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 appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993.
**(c) Special Rules for Substitution of Paid Leave.—**
(1) **Substitution of paid leave.—** — A covered employee may elect to substitute for any leave without pay 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)) any paid leave which is available to such employee for that purpose.
(2) **Available leave.—** — The paid leave that is available to a covered employee for purposes of paragraph (1) is leave of the type and in the amount available to an employee under [section 6382(d)(2)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6382/d/2/B&num=0&edition=prelim), United States Code, for substitution for leave without pay under subparagraph (A) or (B) of section 6382(a)(1) of such title.
(3) **Consistency with title 5.—** — Paid leave shall be substituted under this subsection in a manner that is consistent with the requirements in [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), United States Code, except that a reference in that section to an employing agency shall be considered to be a reference to an employing office, and subparagraph (E) of that section shall not apply.
**(d) Regulations To Implement Section.—**
(1) **In general.—** — The President, or the designee of the President, shall issue regulations to implement this section.
(2) **Agency regulations.—** — The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)—
(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section;
(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of subchapter V of chapter 63 of title 5, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations—
(i) would be equally effective for the implementation of the rights and protections under this section; and
(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government; and
(C) except that the President or designee shall issue regulations to implement subsection (c) in accordance with the requirements of that subsection.
**(e) Effective Date.—** Subsections (a) and (b) shall take effect on the earlier of—
(1) the effective date of regulations issued under subsection (c) (as in effect on the date of enactment of the Presidential and Executive Office Accountability Act); or
(2) October 1, 1998.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
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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) In general** Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
(2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) **Covered employee** — The term “covered employee” means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or
(K) the John C. Stennis Center for Public Service Training and Development.
(4) **Employee** — The term “employee” includes an applicant for employment and a former employee.
(5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
(6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police.
(7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section142&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim) shall apply.
(D) *Airline flight crews*
(i) *Determination* — For purposes of determining whether an employee who is a flight attendant
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2612
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Federal law — U.S. Code and appendices · legal_authorities
Page 780
TITLE 29—LABOR
§ 2612
fested itself before or after the member be-
came a veteran.
(19) Veteran
The term ‘‘veteran’’ has the meaning given
the term in section 101 of title 38.
(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; Pub. L. 108–271, § 8(b), July 7,
2004, 118 Stat. 814; Pub. L. 110–181, div. A, title V,
§ 585(a)(1), Jan. 28, 2008, 122 Stat. 128; Pub. L.
111–84, div. A, title V, § 565(a)(1)(A), (2), (3), Oct.
28, 2009, 123 Stat. 2309, 2310; Pub. L. 111–119, § 2(a),
Dec. 21, 2009, 123 Stat. 3476; Pub. L. 116–92, div. F,
title LXXVI, § 7604(b), Dec. 20, 2019, 133 Stat.
2308.)
Editorial Notes
AMENDMENTS
2019—Par. (2)(E). Pub. L. 116–92 added subpar. (E).
2009—Par. (2)(D). Pub. L. 111–119 added subpar. (D).
Par. (14). Pub. L. 111–84, § 565(a)(1)(A)(i), added par.
(14) and struck out former par. (14). Prior to amend-
ment, text read as follows: ‘‘The term ‘active duty’
means duty under a call or order to active duty under
a provision of law referred to in section 101(a)(13)(B) of
title 10.’’
Par. (15). Pub. L. 111–84, § 565(a)(2), amended par. (15)
generally. Prior to amendment, text read as follows:
‘‘The term ‘covered servicemember’ means a member of
the Armed Forces, including a member of the National
Guard or Reserves, who is undergoing medical treat-
ment, recuperation, or therapy, is otherwise in out-
patient status, or is otherwise on the temporary dis-
ability retired list, for a serious injury or illness.’’
Pub. L. 111–84, § 565(a)(1)(A)(ii), redesignated par. (16)
as (15) and struck out former par. (15). Prior to amend-
ment, text read as follows: ‘‘The term ‘contingency op-
eration’ has the same meaning given such term in sec-
tion 101(a)(13) of
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 2612
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Federal law — U.S. Code and appendices · legal_authorities
Page 60
TITLE 3—THE PRESIDENT
§ 412
vision referred to in paragraph (1) or (3) of
subsection (a) or paragraph (1) or (3) of sub-
section (b), if the issuance of such regula-
tions—
(i) would be equally effective for the im-
plementation of the rights and protections
under this section; and
(ii) would promote uniformity in the ap-
plication of Federal law to employees in
the executive branch of the Federal Gov-
ernment.
(e) APPLICABILITY.—Subsections (a) through
(c), and section 417 (to the extent that it relates
to any matter under this section), shall apply
with respect to violations occurring on or after
the effective date of this chapter.
(f) EFFECTIVE DATE.—This section shall take
effect on October 1, 1997.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110
Stat. 4055; amended Pub. L. 117–286, § 4(a)(3), Dec.
27, 2022, 136 Stat. 4305.)
Editorial Notes
REFERENCES IN TEXT
Sections 703, 706, and 717 of the Civil Rights Act of
1964, referred to in subsecs. (a)(1), (b)(1)(A), and
(d)(2)(B), are classified to sections 2000e–2, 2000e–5, and
2000e–16, respectively, of Title 42, The Public Health
and Welfare.
Sections 7 and 15 of the Age Discrimination in Em-
ployment Act of 1967, referred to in subsecs. (a)(1) and
(b)(2), are classified to sections 626 and 633a, respec-
tively, of Title 29, Labor.
Sections 501 and 505 of the Rehabilitation Act of 1973,
referred to in subsecs. (a)(3), (b)(3)(A), and (d)(2)(B), are
classified to sections 791 and 794a, respectively, of Title
29.
Sections 102 to 104 and 107 of the Americans with Dis-
abilities Act of 1990, referred to in subsecs. (a)(3) and
(b)(3)(A), are classified to sections 12112 to 12114 and
12117, respectively, of Title 42, The Public Health and
Welfare.
Sections 1977 and 1977A of the Revised
Source: Supplied 2024 U.S. Code historical extraction · 3 U.S.C. § 412
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