29 U.S.C. § 2612
Subject to section 2613 of this title 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:
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.
Subject to section 2613 of this title, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall 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), an eligible 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.
The Secretary may provide, by regulation, a method for calculating the leave described in paragraph (1) with respect to employees described in section 2611(2)(D) of this title.
Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and subsection (b)(5) or (f) (as appropriate) of section 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 schedule when medically necessary. Subject to subsection (e)(3) and section 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 schedule pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the employee is entitled under subsection (a) beyond the amount of leave actually taken.
If an employee requests intermittent leave, or leave on a reduced leave schedule, under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3), that is foreseeable based on planned medical treatment, the employer may require such employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that-
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 an employee is otherwise exempt under regulations issued by the Secretary pursuant to section 213(a)(1) of this title, the compliance of an employer with this subchapter by providing unpaid leave shall not affect the exempt status of the employee under such section.
If an employer 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.
An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for 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.
An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for 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 employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for 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 employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave.
An employee of the Government Accountability Office may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose.
The paid leave that is available to an employee of the Government Accountability Office for purposes of subparagraph (A) is-
Nothing in this section shall be considered to require or permit an employer to require that an employee first use all or any portion of the leave described in subparagraph (B)(ii) before being allowed to use the paid parental leave described in clause (i) of subparagraph (B).
Paid parental leave under subparagraph (B)(i)-
Consistent with section 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 employees of the Library of Congress under section 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, the employee shall provide the employer 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 employee shall provide such notice as is practicable.
In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) or under subsection (a)(3) is foreseeable based on planned medical treatment, the employee-
In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the employer as is reasonable and practicable.
In any case in which a husband and wife entitled to leave under subsection (a) are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period, if such leave is taken-
The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is-
If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).
29 U.S.C. § 2612
EDITORIAL NOTES
REFERENCES IN TEXTThe 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 of Pub. L. 116-127 which is set out as an Effective Date note under section 2620 of this title.
CONSTITUTIONALITYFor 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.
AMENDMENTS2020-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 employee shall 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) and section 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 employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for 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 employer to provide paid sick leave or paid medical leave in any situation in which the employer would 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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116-127 effective no later than 15 days after Mar. 18, 2020, see section 3106 of div. C of Pub. L. 116-127 set out as an Effective Date note under section 2620 of this title.
EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116-92 not effective with respect to any birth or placement occurring before Oct. 1, 2020, see section 7604(c) of Pub. L. 116-92 set out as a note under section 2611 of this title.
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.
CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES: GAO AND LIBRARY OF CONGRESS EMPLOYEES Pub. L. 116-92, div. F, title LXXVI, §7605(c), Dec. 20, 2019, 133 Stat. 2308, provided that: "For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under section 102(a) of the Family and Medical Leave Act of 1993 [29 U.S.C. 2612(a)], any service by such employee on active duty (as defined in section 101(14) of such Act [29 U.S.C. 2611(14)] ) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act [29 U.S.C. 2611(2)(A)] ."