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2 U.S.C. § 1312 — Rights and protections under 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 ([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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Stable record: federal_law:legal_authorities:record_usc_feb3f041add6aba045dfe950
Source file: Laws/federal/codes/united-states-code/title-2/section-1312-rights-and-protections-under-family-and-medical-leave-act-of-1993--4c4aa5939e.md
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Source location: Title 2, Chapter 24, § 1312; chapter-024-congressional-accountability.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 ([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 appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993 ([29 U.S.C. 2617(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2617/a/1&num=0&edition=prelim)).
**(c) Omitted**
**(d) Special rule for paid parental 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) **Amount of paid leave** — The paid leave that is available to a covered employee for purposes of paragraph (1) is—
(A) 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
(B) during the 12-month period referred to in 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)) and in addition to the administrative workweeks described in subparagraph (A), any additional paid vacation, personal, family, medical, or accrued sick leave provided by the employing office to such employee.
(3) **Limitation** — Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 ([29 U.S.C. 2612(d)(2)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612/d/2/A&num=0&edition=prelim)) shall be considered to require or permit an employing office to require that an employee first use all or any portion of the leave described in paragraph (2)(B) before being allowed to use the paid parental leave described in paragraph (2)(A).
(4) **Additional rules** — Paid parental leave under paragraph (2)(A)—
(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office;
(B) if not used by the covered employee before the end of the 12-month period (as referred to in 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))) to which it relates, shall not accumulate for any subsequent use; and
(C) 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 104(c)(2) of the Family and Medical Leave Act of 1993 ([29 U.S.C. 2614(c)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2614/c/2&num=0&edition=prelim)).
**(e) Regulations**
(1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement the rights and protections under 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 subsection (a) except insofar as the Board 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.
**(f) Effective date**
(1) **In general** — Subsections (a) and (b) shall be effective 1 year after January 23, 1995.
(2) **Government Accountability Office and Library of Congress** — Subsection (c) shall be effective 1 year after transmission to the Congress of the study under [section 1371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1371&num=0&edition=prelim).
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2611
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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
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section.
(2) **Rulemaking procedure** — Such regulations of the Board—
(A) shall be adopted, approved, and issued in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to—
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the House of Representatives; and
(iii) all other covered employees and employing offices.
**(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection:
(1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
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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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
**(a) Definitions** In this section, the terms “agency”, “criminal history record information”, and “suspension” have the meanings given the terms in [section 9201 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9201&num=0&edition=prelim), except as otherwise modified by this section.
**(b) Restrictions on criminal history inquiries**
(1) **In general**
(A) *In general* — Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under [section 9202 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9202&num=0&edition=prelim) if made by an employee of an agency.
(B) *Conditional offer* — For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry.
(2) **Rules of construction** — The provisions of [section 9206 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9206&num=0&edition=prelim) shall apply to employing offices, consistent with regulations issued under subsection (d).
**(c) Remedy**
(1) **In general** — The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under [section 9204 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9204&num=0&edition=prelim) if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2613
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