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5 U.S.C. § 6381 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6381 — Definitions

For the purpose of this subchapter— (1) the term “employee” means any individual who— (A) is an “employee”, as defined by section 6301(2), including any individual employed in a position referred to in clause (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia 11 So in original. Probably should be followed by a comma. any individual employed on a temporary or intermittent basis, and any employee of the Government Accountability Office or the Library of Congress; and (B) has completed at least 12 months of service— (i) as an employee (as that term is defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or (ii) which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States; (2) 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; and (B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services; (3) 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; (4) 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; (5) the term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves— (A) inpatient care

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Source location: Title 5, Chapter 63, § 6381; chapter-063-leave.md

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For the purpose of this subchapter— (1) the term “employee” means any individual who— (A) is an “employee”, as defined by section 6301(2), including any individual employed in a position referred to in clause (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia 11 So in original. Probably should be followed by a comma. any individual employed on a temporary or intermittent basis, and any employee of the Government Accountability Office or the Library of Congress; and (B) has completed at least 12 months of service— (i) as an employee (as that term is defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or (ii) which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States; (2) 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; and (B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services; (3) 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; (4) 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; (5) 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; (6) 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; (7) the term “covered active duty” means— (A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in [section 101(a)(13)(B) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim), United States Code; (8) the term “covered servicemember” means— (A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy; (9) the term “outpatient status”, with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to— (A) a military medical treatment facility as an outpatient; or (B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients; (10) the term “next of kin”, used with respect to an individual, means the nearest blood relative of that individual; (11) the term “serious injury or illness”— (A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and (B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (8)(B), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran; and (12) the term “veteran” has the meaning given the term in [section 101 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim), United States Code.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1371 — Study and recommendations regarding General Accounting Office, Government Printing Office, and Library of Congress

**(a) In general** The Board shall undertake a study of— (1) the application of the laws listed in subsection (b) to— (A) the General Accounting Office; (B) the Government Printing Office; and (C) the Library of Congress; and (2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws to themselves and their employees. **(b) Applicable statutes** The study under this section shall consider the application of the following laws: (1) Title VII of the Civil Rights Act of 1964 ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (2) The Age Discrimination in Employment Act of 1967 ([29 U.S.C. 621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (3) The Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.), and related provisions of [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). (4) 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) et seq.), and related provisions of sections 6381 through 6387 of title 5. (5) The Fair Labor Standards Act of 1938 ([29 U

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2601 — Regulations

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

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1301 — Definitions

**(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

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1312 — Rights and protections under Family and Medical Leave Act of 1993

**(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

38 U.S.C. § 7425 — Employees: laws not applicable

**(a)** Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law: (1) Section 413 of the Civil Service Reform Act of 1978. (2) Subchapter II of chapter 31 of title 5. (3) Subchapter VIII of chapter 33 of title 5. (4) Subchapter V of chapter 35 of title 5. (5) Subchapter II of chapter 43 of title 5. (6) [Section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). (7) Subchapter VIII of chapter 53 of title 5. (8) Subchapter V of chapter 75 of title 5. **(b)** Except as provided in subsection (c), and notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim) or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified. **(c)** Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapt

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1212 — Powers and functions of the Office of Special Counsel

**(a)** The Office of Special Counsel shall— (1) in accordance with section 1214(a) and other applicable provisions of this subchapter, protect employees, former employees, and applicants for employment from prohibited personnel practices; (2) receive and investigate allegations of prohibited personnel practices, and, where appropriate— (A) bring petitions for stays, and petitions for corrective action, under section 1214; and (B) file a complaint or make recommendations for disciplinary action under section 1215; (3) receive, review, and, where appropriate, forward to the Attorney General or an agency head under section 1213, disclosures of violations of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (4) review rules and regulations issued by the Director of the Office of Personnel Management in carrying out functions under section 1103 and, where the Special Counsel finds that any such rule or regulation would, on its face or as implemented, require the commission of a prohibited personnel practice, file a written complaint with the Board; and (5) investigate and, where appropriate, bring actions concerning allegations of violations of other laws within the jurisdiction of the Office of Special Counsel (as referred to in section 1216). **(b)** (1) The Special Counsel and any employee of the Office of Special Counsel designated by the Special Counsel may administer oaths, examine witnesses, take depositions, and receive evidence. (2) The Special Counsel may— (A) issue subpoenas; and (B) order the taking of depositions and order responses to written interrogatories; in the same manner as provided under section 1204. (3) (A) In

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6381 — Definitions

Page 835 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6381 1 So in original. Probably should be followed by a comma. an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2842.) § 6371. Accrual of leave While using leave made available to an em- ployee from a leave bank, annual and sick leave shall accrue to the credit of such employee and shall become available for use by such employee in the same manner as provided for under sec- tion 6337. (Added Pub. L. 100–566, § 2(a), Oct. 31, 1988, 102 Stat. 2843.) § 6372. Additional leave bank programs (a) For the purpose of this section— (1) the term ‘‘excepted agency’’ has the same meaning as such term is defined under section 6339(a)(1) of this title; and (2) the term ‘‘head of an excepted agency’’ has the same meaning as such term is defined under section 6339(a)(2) of this title. (b)(1) Except as provided in paragraph (2) and notwithstanding any other provision of this sub- chapter, neither an excepted agency nor any in- dividual employed in or under an excepted agen- cy may be included in a leave bank program es- tablished under any of the preceding provisions of this subchapter. (2) Notwithstanding any other provision of law, the Director of the Federal Bureau of Inves- tigation may authorize an individual employed by the Bureau to participate in a leave bank program administered by the Department of Justice under this subchapter if in the Direc- tor’s judgment such participation will not ad- versely affect the protection of intelligence sources and methods. (c)(1) The head of an excepted agency may, by regulation, establish a

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