42 U.S.C. § 12631 — Family and medical leave

Page 8366 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12631 Corps Demonstration Program’’. Former par. (5) redes- ignated (6). Par. (6). Pub. L. 111–13, § 1516(2)(B), (E), redesignated par. (5) as (6) and inserted ‘‘National’’ before ‘‘Civilian Community Corps’’. Former par. (6) redesignated (7). Par. (7). Pub. L. 111–13, § 1516(2)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8). Par. (8). Pub. L. 111–13, § 1516(2)(F), which directed substitution of ‘‘The term ‘Program’ means the Na- tional Civilian Community Corps Program’’ for ‘‘ ‘The terms’ and all that follows through ‘Demonstration Program’ ’’, was executed by making the substitution for ‘‘The terms ‘Civilian Community Corps Demonstra- tion Program’ and ‘Program’ mean the Civilian Com- munity Corps Demonstration Program’’ to reflect the probable intent of Congress. Pub. L. 111–13, § 1516(2)(B), redesignated par. (7) as (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 111–13, § 1516(2)(G), substituted ‘‘Serv- ice-learning’’ for ‘‘Service learning’’ in heading and ‘‘service-learning’’ for ‘‘service learning’’ in introduc- tory provisions. Pub. L. 111–13, § 1516(2)(A), (B), redesignated par. (8) as (9) and struck out former par. (9). Text read as follows: ‘‘The term ‘superintendent’, with respect to a Corps camp, means the head of the camp under section 12615(d) of this title.’’ 1998—Par. (6). Pub. L. 105–244 substituted ‘‘section 1001’’ for ‘‘section 1141(a)’’. 1993—Par. (1). Pub. L. 103–82, § 402(b)(2), substituted ‘‘Corporation’’ for ‘‘Commission on National and Com- munity Service’’. Par. (2). Pub. L. 103–82, § 104(e)(2)(H)(i), substituted ‘‘section 12615’’ for ‘‘section 12653d’’. Par. (6). Pub. L. 103–82, § 403(a)(4), which directed amendment of par. (6) of this section by striking par. (6) and redesignating par. (7) of this section as (6) was executed by redesignating par. (7) of this section as (6) and striking out former par. (6) which defined ‘‘Execu- tive Director’’ as Executive Director of Commission on National and Community Service, to reflect the prob- able intent of Congress. Par. (7). Pub. L. 103–82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (8) as (7) was executed by redesignating par. (8) of this section as (7), to reflect the probable intent of Con- gress. Former par. (7) redesignated (6). Par. (8). Pub. L. 103–82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (9) as (8) was executed by redesignating par. (9) of this section as (8), to reflect the probable intent of Con- gress. Former par. (8) redesignated (7). Pub. L. 103–82, § 104(e)(2)(H)(ii), substituted ‘‘section 12612’’ for ‘‘section 12653a’’. Par. (9). Pub. L. 103–82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (10) as (9) was executed by redesignating par. (10) of this section as (9), to reflect the probable intent of Congress. Former par. (9) redesignated (8). Par. (10). Pub. L. 103–82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (11) as (10) was executed by redesignating par. (11) of this section as (10), to reflect the probable intent of Congress. Former par. (10) redesignated (9). Pub. L. 103–82, § 104(e)(2)(H)(iii), substituted ‘‘section 12615(d)’’ for ‘‘section 12653d(d)’’. Par. (11). Pub. L. 103–82, § 403(a)(4)(B), which directed amendment of par. (6) of this section by redesignating par. (11) as (10) was executed by redesignating par. (11) of this section as (10), to reflect the probable intent of Congress. Pub. L. 103–82, § 104(e)(2)(H)(iv), substituted ‘‘section 12615(c)’’ for ‘‘section 12653d(c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 104(b), (e)(2)(H) of Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. Amendment by section 402(b)(2) of Pub. L. 103–82 ef- fective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title. Division F—Administrative Provisions § 12631. Family and medical leave (a) Participants in private, State, and local projects For purposes of title I of the Family and Med- ical Leave Act of 1993 [29 U.S.C. 2611 et seq.], if— (1) a participant has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met the hours of service requirement of section 101(2)(A)(ii), of such Act with respect to a project authorized under the national service laws; and (2) the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5), the participant shall be considered to be an eli- gible employee of the service sponsor. (b) Participants in Federal projects For purposes of subchapter V of chapter 63 of title 5, if— (1) a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and (2) the service sponsor of the project is an employing agency within the meaning of such subchapter, the participant shall be considered to be an em- ployee of the service sponsor. (c) Treatment of absence The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.] or subchapter V of chapter 63 of title 5 shall not be counted toward the comple- tion of the term of service of the participant under section 12593 of this title. (Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 113(a), Sept. 21, 1993, 107 Stat. 861; Pub. L. 111–13, title I, § 1601, Apr. 21, 2009, 123 Stat. 1529.) Editorial Notes REFERENCES IN TEXT The Family and Medical Leave Act of 1993, referred to in subsecs. (a) and (c), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6. Title I of the Act is classified generally to sub- chapter I (§ 2611 et seq.) of chapter 28 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. Page 8367 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12632 AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–13 substituted ‘‘with respect to a project authorized under the national serv- ice laws’’ for ‘‘with respect to a project’’. 1993—Pub. L. 103–82 amended section generally, sub- stituting provisions relating to family and medical leave for provisions relating to limitation on number of grants under this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12632. Reports (a) State reports (1) In general Each State receiving assistance under this subchapter shall prepare and submit, to the Corporation, an annual report concerning the use of assistance provided under this sub- chapter and the status of the national and community service programs that receive as- sistance under such subchapter in such State. (2) Local grantees Each State may require local grantees that receive assistance under this subchapter to supply such information to the State as is nec- essary to enable the State to complete the re- port required under paragraph (1), including a comparison of actual accomplishments with the goals established for the program, the number of participants in the program, the number of service hours generated, and the ex- istence of any problems, delays or adverse con- ditions that have affected or will affect the at- tainment of program goals. (3) Report demonstrating compliance (A) In general Each State receiving assistance under this subchapter shall include information in the report required under paragraph (1) that demonstrates the compliance of the State with the provisions of this chapter, includ- ing section 12637 of this title. (B) Local grantees Each State may require local grantees to supply such information to the State as is necessary to enable the State to comply with the requirement of paragraph (1). (4) Availability of report Reports submitted under paragraph (1) shall be made available to the public on request. (b) Report to Congress by Corporation (1) In general Not later than 120 days after the end of each fiscal year, the Corporation shall prepare and submit, to the authorizing committees, the Committee on Appropriations of the House of Representatives, and the Committee on Appro- priations of the Senate, a report concerning the programs that receive assistance under the national service laws. (2) Content Reports submitted under paragraph (1) shall contain a summary of the information con- tained in the State reports submitted under subsection (a), and shall reflect the findings and actions taken as a result of any evalua- tion conducted by the Corporation. (Pub. L. 101–610, title I, § 172, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 114, title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 861, 918; Pub. L. 111–13, title I, § 1602, Apr. 21, 2009, 123 Stat. 1529; Pub. L. 112–81, div. A, title X, § 1063(c), Dec. 31, 2011, 125 Stat. 1586.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(3)(A), was in the original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, known as the National and Com- munity Service Act of 1990, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. AMENDMENTS 2011—Subsec. (c). Pub. L. 112–81 struck out subsec. (c). Prior to amendment, text read as follows: ‘‘(1) STUDY.—The Secretary of Defense shall annually conduct a study of the effect of the programs carried out under this subchapter on recruitment for the Armed Forces. ‘‘(2) REPORT.—The Secretary of Defense shall annu- ally submit a report to the authorizing committees, the Committee on Armed Services of the House of Rep- resentatives, and the Committee on Armed Services of the Senate containing the findings of the study de- scribed in paragraph (1) and such recommendations for legislative and administrative reform as the Secretary may determine to be appropriate.’’ 2009—Subsec. (b)(1). Pub. L. 111–13, § 1602(1), which di- rected substitution of ‘‘authorizing committees, the Committee on Appropriations of the House of Rep- resentatives, and the Committee on Appropriations of the Senate’’ for ‘‘appropriate authorizing and appro- priations Committees of Congress’’, was executed by making the substitution for ‘‘appropriate authorizing and appropriation Committees of Congress’’ to reflect the probable intent of Congress. Subsec. (c)(2). Pub. L. 111–13, § 1602(2), substituted ‘‘the authorizing committees, the Committee on Armed Services of the House of Representatives, and the Com- mittee on Armed Services of the Senate’’ for ‘‘the ap- propriate committees of Congress’’. 1993—Subsec. (a)(1). Pub. L. 103–82, § 402(b)(1), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’. Subsec. (a)(3)(A). Pub. L. 103–82, § 114(1), substituted ‘‘section 12637’’ for ‘‘sections 12637 and 12523(9)’’. Subsec. (b). Pub. L. 103–82, § 114(2)(A), substituted ‘‘Report to Congress by Corporation’’ for ‘‘Report to Congress’’ in heading. Subsec. (b)(1). Pub. L. 103–82, § 402(b)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’. Pub. L. 103–82, § 114(2)(B), substituted ‘‘the national service laws’’ for ‘‘this subchapter’’. Subsec. (b)(2). Pub. L. 103–82, § 402(b)(1), substituted ‘‘Corporation’’ for ‘‘Commission’’. Subsec. (c). Pub. L. 103–82, § 114(3), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.