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Title 42 — The Public Health and Welfare

Chapter 129 — National and Community Service

§ 12631. Family and medical leave

Statutory text

(a)

Participants in private, State, and local projects

For purposes of title I of the Family and Medical 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 eligible 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 employee 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 completion of the term of service of the participant under section 12593 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National and Community Service Act of 1990

    Pub. L. 101–610 title I § 171 · 104 Stat. 3127

    Enacted · 42 U.S.C. § 12631

    Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159

    Source evidence

    Code source credit
    Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159

    Enacted provision · exact public law section
    SEC. 171. LIMITATION ON NUMBER OF GRANTS. (a) In General.— The Commission shall not award more than one grant during each fiscal year to each State under section 102. (b) Number of Applications.— In submitting applications for a grant under section 102, a State shall consolidate all of the applications of such State for the conduct of programs under subtitles B through E, into a single application that meets the requirements of such subtitles. (c) Multiple Use.— A grant awarded under section 102 to a State may be used by the State in accordance with the applications consolidated, submitted, and approved under subtitles B through E.

  2. National and Community Service Trust Act of 1993

    Pub. L. 103–82 title I § 113(a) · 107 Stat. 785

    1. Amended · 42 U.S.C. § 12631

      Pub. L. 103–82 amended section generally

    2. Substituted · 42 U.S.C. § 12631

      Pub. L. 103–82 substituting provisions relating to family and medical leave for provisions relating to limitation on number of grants under this subchapter

    Source evidence

    Code amendment note
    Pub. L. 103–82 amended section generally, substituting provisions relating to family and medical leave for provisions relating to limitation on number of grants under this subchapter.

    Enacted provision · exact public law section
    (a) In General.— Section 171 of the National and Community Service Act of 1990 (42 U.S.C. 12631) is amended to read as follows: “SEC. 171. FAMILY AND MEDICAL LEAVE. “(a) Participants in Private, State, and Local Projects.— For purposes of title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 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; 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, United States Code), the participant shall be considered to be an eligible employee of the service sponsor. “(b) Participants in Federal Projects.— For purposes of subchapter V of chapter 63 of title 5, United States Code, 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 employee 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 or subchapter V of chapter 63 of title 5, United States Code, shall not be counted toward the completion of the term of service of the participant under section 139 of this Act.”.

  3. Serve America Act

    Pub. L. 111–13 title I § 1601 · 123 Stat. 1460

    Substituted · 42 U.S.C. § 12631(a)(1)

    Pub. L. 111–13 substituted “with respect to a project authorized under the national service laws” for “with respect to a project”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–13 substituted “with respect to a project authorized under the national service laws” for “with respect to a project”.

    Enacted provision · exact public law section
    SEC. 1601. FAMILY AND MEDICAL LEAVE.   Section 171(a)(1) (42 U.S.C. 12631(a)(1)) is amended by striking “with respect to a project” and inserting “with respect to a project authorized under the national service laws”.

    Effective date note
    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.

4 of 4 references resolved to an enrolled provision

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, , 107 Stat. 6. Title I of the Act is classified generally to subchapter 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.

Amendments1993–2009 · 2 rounds

2009

Subsec. (a)(1). Pub. L. 111–13 substituted “with respect to a project authorized under the national service laws” for “with respect to a project”.

1993

Pub. L. 103–82 amended section generally, substituting 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 , 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 , see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.

Credits

1990–2009 · 3 acts
  1. 1990Pub. L. 101–610, title I, § 171, , 104 Stat. 3159
  2. 1993Pub. L. 103–82, title I, § 113(a), , 107 Stat. 861
  3. 2009Pub. L. 111–13, title I, § 1601, , 123 Stat. 1529.
Show as published

(Pub. L. 101–610, title I, § 171, , 104 Stat. 3159; Pub. L. 103–82, title I, § 113(a), , 107 Stat. 861; Pub. L. 111–13, title I, § 1601, , 123 Stat. 1529.)

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