29 U.S. Code § 2612 - Leave requirement
The entitlement to leave under subparagraphs (A) and (B) of paragraph (1) for a birth or placement of ason or daughter shall expire at the end of the 12-month period beginning on the date of such birth or placement.
Subject tosection 2613 of this title, an eligible employeewho is the spouse, son, daughter, parent, or next of kinof a covered servicemembershall 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.
Subject to subsection (d)(3), during the single 12-month period described in paragraph (3), aneligible 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.
TheSecretary may provide, by regulation, a method for calculating the leave described in paragraph (1) with respect to employeesdescribed insection 2611(2)(D) of this title.
Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by anemployee intermittently or on areduced leave schedule unless the employeeand the employerof the employeeagree otherwise. Subject to paragraph (2), subsection (e)(2), and subsection (b)(5) or (f) (as appropriate) ofsection 2613 of this title, leave under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3) may be taken intermittently or on a reduced leave schedulewhen medically necessary. Subject to subsection (e)(3) andsection 2613(f) of this title, 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 schedulepursuant to this paragraph shall not result in a reduction in the total amount of leave to which the employeeis entitled under subsection (a) beyond the amount of leave actually taken.
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 anemployee is otherwise exempt under regulations issued by theSecretary pursuant tosection 213(a)(1) of this title, the compliance of an employerwith this subchapter by providing unpaid leave shall not affect the exempt status of the employeeunder such section.
If anemployer 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.
Aneligible employee may elect, or an employermay require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employeefor 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.
Aneligible employee may elect, or an employermay require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employeefor 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 employerto provide paid sick leave or paid medical leave in any situation in which such employerwould not normally provide any such paid leave. Aneligible employee may elect, or an employermay require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employeefor 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 employerto provide paid sick leave or paid medical leave in any situation in which the employerwould not normally provide any such paid leave.
Consistent withsection 1301(a)(3)(J) of title 2, the rights and protections established by sections 2611 through 2615 of this title, including section 2612(d)(3), shall apply to employeesof theLibrary of Congress undersection 1312 of title 2.
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, theemployee shall provide theemployer 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 employeeshall provide such notice as is practicable.
In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because thespouse, or a son, daughter, orparent, of theemployee is oncovered active duty, or because of notification of an impending call or order tocovered active duty, the employeeshall provide such notice to the employeras is reasonable and practicable.
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 ofPub. L. 116–127, which is set out as an Effective Date note undersection 2620 of this title.
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 Supreme Court on the Constitution Annotated website, constitution.congress.gov.
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), inserted “and subsection (d)(3)” after “section 2613 of this title” in introductory provisions.
Subsec. (a)(4).Pub. L. 116–92, § 7604(a)(1)(B), substituted “Subject to subsection (d)(3), during” for “During”.
Subsec. (d)(3), (4).Pub. L. 116–92, § 7604(a)(2), added pars. (3) and (4).
2009—Subsec. (a)(1)(E).Pub. L. 111–84, § 565(a)(1)(B)(i), substituted“covered active duty” for “active duty” in two places and struck out “in support of a contingency operation” before period.
Subsec. (a)(5).Pub. L. 111–119 added par. (5).
Subsec. (e)(2)(A).Pub. L. 111–84, § 565(a)(4), substituted“parent, or covered servicemember” for “or parent”.
Subsec. (e)(3).Pub. L. 111–84, § 565(a)(1)(B)(ii), substituted“covered active duty” for “active duty” in heading and in two places in text and struck out “in support of a contingency operation” before “, the employeeshall provide”.
2008—Subsec. (a)(1)(E).Pub. L. 110–181, § 585(a)(2)(A), added subpar. (E).
Subsec. (a)(3), (4).Pub. L. 110–181, § 585(a)(2)(B), added pars. (3) and (4).
Subsec. (b)(1).Pub. L. 110–181, § 585(a)(3)(A)(i), (ii), in second sentence, substituted “subsection (b)(5) or (f) (as appropriate) of section 2613” for “section 2613(b)(5)” and inserted “or under subsection (a)(3)” after “subsection (a)(1)” and, after second sentence, inserted “Subject to subsection (e)(3) andsection 2613(f) of this title, leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”
Subsec. (b)(2).Pub. L. 110–181, § 585(a)(3)(A)(iii), inserted “or under subsection (a)(3)” after “subsection (a)(1)”.
Subsec. (d)(1).Pub. L. 110–181, § 585(a)(3)(B)(i), inserted “(or 26 workweeks in the case of leave provided under subsection (a)(3))” after “fewer than 12 workweeks” and “(or 26 workweeks, as appropriate)” after “attain the 12 workweeks”.
Subsec. (d)(2)(A).Pub. L. 110–181, § 585(a)(3)(B)(ii), substituted “(C), or (E)” for “or (C)”.
Subsec. (d)(2)(B).Pub. L. 110–181, § 585(a)(3)(B)(iii), inserted at end “An eligible employeemay elect, or an employermay require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employeefor 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 employerto provide paid sick leave or paid medical leave in any situation in which the employerwould not normally provide any such paid leave.”
Subsec. (e)(2).Pub. L. 110–181, § 585(a)(3)(C)(i), inserted “or under subsection (a)(3)” after “subsection (a)(1)” in introductory provisions.
Subsec. (e)(3).Pub. L. 110–181, § 585(a)(3)(C)(ii), added par. (3).
Subsec. (f).Pub. L. 110–181, § 585(a)(3)(D), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added par. (2).
Amendment byPub. L. 116–127 effective no later than 15 days afterMar. 18, 2020, seesection 3106 of div. C of Pub. L. 116–127, set out as an Effective Date note undersection 2620 of this title.
Amendment byPub. L. 116–92 not effective with respect to any birth or placement occurring beforeOct. 1, 2020, seesection 7604(c) of Pub. L. 116–92, set out as a note undersection 2611 of this title.
Section effective 6 months afterFeb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months afterFeb. 5, 1993, seesection 405(b) of Pub. L. 103–3, set out as a note undersection 2601 of this title.
Pub. L. 116–92, div. F, title LXXVI, § 7605(c),Dec. 20, 2019,133 Stat. 2308, provided that: