As used in this subchapter:
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.
The term "eligible employee" means an employee who has been employed-
The term "eligible employee" does not include-
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 shall apply.
For purposes of determining whether an employee who is a flight attendant or flight crewmember (as such terms are defined in regulations of the Federal Aviation Administration) meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to meet the requirement if-
Each employer of an employee described in clause (i) shall maintain on file with the Secretary (in accordance with such regulations as the Secretary may prescribe) containing information specifying the applicable monthly guarantee with respect to each category of employee to which such guarantee applies.
In this subparagraph, the term "applicable monthly guarantee" means-
as established in the applicable collective bargaining agreement or, if none exists, in the employer's policies.
In the case of an employee of the Government Accountability Office, the requirements of subparagraph (A) shall not apply with respect to leave under section 2612(a)(1)(A) or (B) of this title.
The terms "employ", "employee", and "State" have the same meanings given such terms in subsections (c), (e), and (g) of section 203 of this title.
The term "employer"-
For purposes of subparagraph (A)(iii), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.
The term "employment benefits" means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan", as defined in section 1002(3) of this title.
The term "health care provider" means-
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.
The term "person" has the same meaning given such term in section 203(a) of this title.
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.
The term "Secretary" means the Secretary of Labor.
The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves-
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-
The term "spouse" means a husband or wife, as the case may be.
The term "covered active duty" means-
The term "covered servicemember" means-
The term "outpatient status", with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to-
The term "next of kin", used with respect to an individual, means the nearest blood relative of that individual.
The term "serious injury or illness"-
The term "veteran" has the meaning given the term in section 101 of title 38.
29 U.S.C. § 2611
EDITORIAL NOTES
AMENDMENTS2019-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 amendment, 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 treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability 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 amendment, text read as follows: "The term 'contingency operation' has the same meaning given such term in section 101(a)(13) of title 10."Pars. (16), (17). Pub. L. 111-84, §565(a)(1)(A)(ii), redesignated pars. (17) and (18) as (16) and (17), respectively. Former par. (16) redesignated (15).Par. (18). Pub. L. 111-84, §565(a)(3), added par. (18) and struck out former par. (18). Prior to amendment, text read as follows: "The term 'serious injury or illness', in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating." Pub. L. 111-84, §565(a)(1)(A)(ii), redesignated par. (19) as (18). Former par. (18) redesignated (17). Par. (19). Pub. L. 111-84, §565(a)(3), added par. (19). Pub. L. 111-84, §565(a)(1)(A)(ii), redesignated par. (19) as (18).2008-Pars. (14) to (19). Pub. L. 110-181 added pars. (14) to (19).2004-Par. (4)(A)(iv). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office".1995-Par. (4)(A)(iv). Pub. L. 104-1 added cl. (iv).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-92, div. F, title LXXVI, §7604(c), Dec. 20, 2019, 133 Stat. 2308, provided that: "The amendments made by this section [amending this section and section 2612 of this title] shall not be effective with respect to any birth or placement occurring before October 1, 2020."
EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-1 effective one year after transmission to Congress of the study under section 1371 of Title 2, The Congress, see section 1312(f)(2) of Title 2. The study required under section 1371 of Title 2, dated Dec. 31, 1996, was transmitted to Congress by the Board of Directors of the Office of Compliance on Dec. 30, 1996.
EFFECTIVE DATESection effective 6 months after Feb. 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 after Feb. 5, 1993, see section 405(b) of Pub. L. 103-3 set out as a note under section 2601 of this title.
REGULATIONS Pub. L. 111-84, div. A, title V, §565(a)(5), Oct. 28, 2009, 123 Stat. 2311, provided that: "In prescribing regulations to carry out the amendments made by this subsection [amending this section and sections 2612 and 2613 of this title], the Secretary of Labor shall consult with the Secretary of Defense and the Secretary of Veterans Affairs, as applicable."
FMLA: INCLUDING MILITARY SERVICE IN DETERMINING ELIGIBILITY Pub. L. 118-31, div. A, title XI, §1114(b), Dec. 22, 2023, 137 Stat. 432, provided that:"(1) IN GENERAL.-A covered employee who has completed 12 months of service which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States shall be deemed to have met the service requirement in section 101(1)(A) [probably should be 101(2)(A)] of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611(2)(A)], notwithstanding the requirements of such section 101(1)(A)."(2) COVERED EMPLOYEE DEFINED.-In this subsection, the term 'covered employee'- "(A) includes-"(i) any Federal employee eligible for family and medical leave under the Family and Medical Leave Act of 1993 [29 U.S.C. 2601 et seq.] based on their status as such an employee; "(ii) any Federal employee covered by the Congressional Accountability Act of 1995 [2 U.S.C. 1301 et seq.] eligible for family and medical leave by operation of section 202 of such Act [2 U.S.C. 1312] ;"(iii) any Federal employee of the Executive Office of the President eligible for family and medical leave by operation of section 412 of title 3, United States Code; and"(iv) any non-judicial employee of the District of Columbia courts and any employee of the District of Columbia Public Defender Service; and"(B) does not include any member of the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration, [sic]"