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Title 5 — Government Organization and Employees

Part III · Chapter 63 — Leave

§ 6382. Leave requirement

Statutory text

(a)
(1)

Subject to section 6383 and subsection (d)(2) of this section, an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following:

(A)

Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.

(B)

Because of the placement of a son or daughter with the employee for adoption or foster care.

(C)

In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

(D)

Because of a serious health condition that makes the employee unable to perform the functions of the employee’s position.

(E)

Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.

(2)

The entitlement to leave under subparagraph (A) or (B) of paragraph (1) based on the 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.

(3)

Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative 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.

(4)

Subject to subsection (d)(2), during the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative 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.

(b)
(1)

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 employing agency of the employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and subsection (b)(5) or (f) (as appropriate) of section 6383, 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 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule. In the case of an employee who takes leave intermittently or on a reduced leave schedule pursuant to this paragraph, any hours of leave so taken by such employee shall be subtracted from the total amount of leave remaining available to such employee under subsection (a), for purposes of the 12-month period involved, on an hour-for-hour basis.

(2)

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 employing agency may require such employee to transfer temporarily to an available alternative position offered by the employing agency for which the employee is qualified and that—

(A)

has equivalent pay and benefits; and

(B)

better accommodates recurring periods of leave than the regular employment position of the employee.

(c)

Except as provided in subsection (d), leave granted under subsection (a) shall be leave without pay.

(d)
(1)

An employee may elect to substitute for leave under subparagraph (C), (D), or (E) of subsection (a)(1) any of the employee’s accrued or accumulated annual or sick leave for any part of the 12-week period of leave under such subsection, except that nothing in this subchapter shall require an employing agency to provide paid sick leave in any situation in which such employing agency would not normally provide any such paid leave. An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave for any part of the 26-week period of leave under such subsection.

(2)
(A)

An employee 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.

(B)

The paid leave that is available to an employee for purposes of subparagraph (A) is—

(i)

12 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and

(ii)

during the 12-month period referred to in subsection (a)(1), and in addition to the 12 administrative workweeks under clause (i), any annual or sick leave accrued or accumulated by such employee.

(C)

Nothing in this subsection shall be considered 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 subparagraph (B)(i).

(D)

Paid parental leave under subparagraph (B)(i)—

(i)

shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;

(ii)

shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and

(iii)

if not used by the employee before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.

(E)

Nothing in this paragraph shall be construed to modify the requirement to complete at least 12 months of service as an employee (within the meaning of section 6381(1)(A)) before the date of the applicable birth or placement involved to be eligible for paid parental leave under subparagraph (B)(i) of this paragraph.

(F)
(i)

An employee may not take leave under this paragraph unless the employee agrees (in writing), before the commencement of such leave, to work for the applicable employing agency for not less than a period of 12 weeks beginning on the date such leave concludes.

(ii)

The head of the agency shall waive the requirement in clause (i) in any instance where the employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition (including mental health), related to the applicable birth or placement of a child, of the employee or the child.

(iii)

The head of the employing agency may require that an employee who claims to be unable to return to work because of a health condition described under clause (ii) provide certification supporting such claim by the health care provider of the employee or the child (as the case may be). The employee shall provide such certification to the head in a timely manner.

(G)
(i)

If an employee fails to return from paid leave provided under this paragraph after the date such leave concludes, the employing agency may recover, from such employee, an amount equal to the total amount of Government contributions paid by the agency under section 8906 on behalf of the employee for maintaining such employee’s health coverage under chapter 89 during the period of such leave.

(ii)

Clause (i) shall not apply to any employee who fails to return from such leave due to—

(I)

the continuation, recurrence, or onset of a serious health condition as described under, and consistent with the requirements of, subparagraph (F); or

(II)

any other circumstance beyond the control of the employee.

(e)
(1)

In any case in which the necessity for leave under subparagraph (A) or (B) of subsection (a)(1) or under subsection (a)(3) is foreseeable based on an expected birth or placement, the employee shall provide the employing agency 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.

(2)

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—

(A)

shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate; and

(B)

shall provide the employing agency 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 treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

(3)

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.

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. Pub. L. 103–3 title II § 201(a)(1) · 107 Stat. 6

    Enacted · 5 U.S.C. § 6382

    Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 20

    Source evidence

    Code source credit
    Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 20

    Enacted provision · exact public law section
    (1) In general.— Chapter 63 of title 5, United States Code, is amended by adding at the end the following new subchapter: “SUBCHAPTER V— FAMILY AND MEDICAL LEAVE “§ 6381. Definitions “For the purpose of this subchapter— “(1) the term ‘employee’ means any individual who— “(A) is an ‘employee’, as defined by section 6301(2), including any individual employed in a position referred to in clause (v) or (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia and any individual employed on a temporary or intermittent basis; and “(B) has completed at least 12 months of service as an employee (within the meaning of subparagraph (A)); “(2) the term “health care provider” means— “(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; and “(B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services; “(3) 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, “(4) 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; “(5) the term ‘serious health condition’ means an illness, injury, impairment, or physical or mental condition that involves— “(A) inpatient care in a hospital, hospice, or residential medical care facility; or “(B) continuing treatment by a health care provider, and “(6) 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— “(A) under 18 years of age; or “(B) 18 years of age or older and incapable of self-care because of a mental or physical disability. “§ 6382. Leave requirement “(a) (1) Subject to section 6383, an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following: “(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. “(B) Because of the placement of a son or daughter with the employee for adoption or foster care. “(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition. “(D) Because of a serious health condition that makes the employee unable to perform the functions of the employee’s position. “(2) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) based on the 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. “(b) (1) 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 employing agency of the employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and section 6383(b)(5), leave unaer subparagraph (C) or (D) of subsection (a)(1) may be taken intermittently or on a reduced leave schedule when medically necessary. In the case of an employee who takes leave intermittently or on a reduced leave schedule pursuant to this paragraph, any hours of leave so taken by such employee shall be subtracted from the total amount of leave remaining available to such employee under subsection (a), for purposes of the 12-month period involved, on an hour-for-hour basis. “(2) if an employee requests intermittent leave, or leave on a reduced leave schedule, under subparagraph (C) or (D) of subsection (a)(1), that is foreseeable based on planned medical treatment, the employing agency may require such employee to transfer temporarily to an available alternative position offered by the employing agency for which the employee is qualified and that— “(A) has equivalent pay and benefits; and “(B) better accommodates recurring periods of leave than the regular employment position of the employee. “(c) Except as provided in subsection (d), leave granted under subsection (a) shall be leave without pay. “(d) An employee may elect to substitute for leave under subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 12-week period of leave under such subsection, except that nothing in this subchapter shall require an employing agency to provide paid sick leave in any situation in which such employing agency would not normally provide any such paid leave. “(e) (1) 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 employing agency 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. “(2) In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) is foreseeable based on planned medical treatment, the employee— “(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate; and “(B) shall provide the employing agency 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 treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable. “§ 6383. Certification “(a) An employing agency may require that a request for leave under subparagraph (C) or (D) of section 6382(a)(1) be supported by certification issued by the health care provider of the employee or of the son, daughter, spouse, or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employing agency. “(b) A certification provided under subsection (a) shall be sufficient if it states— “(1) the date on which the serious health condition commenced; “(2) the probable duration of the condition; “(3) the appropriate medical facts within the knowledge of the health care provider regarding the condition; “(4) (A) for purposes of leave under section 6382(a)(1)(C), a statement that the employee is needed to care for the son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent; and “(B) for purposes of leave under section 6382(a)(1)(D), a statement that the employee is unable to perform the functions of the position of the employee; and “(5) in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment. “(c) (1) In any case in which the employing agency has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 6382(a)(1), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (b) for such leave. “(2) Any health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employing agency. “(d) (1) In any case in which the second opinion described in subsection (c) differs from the original certification provided under subsection (a), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employing agency and the employee concerning the information certified under subsection (b). “(2) The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employing agency and the employee. “(e) The employing agency may require, at the expense of the agency, that the employee obtain subsequent recertifications on a reasonable basis. “§ 6384. Employment and benefits protection “(a) Any employee who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return from such leave— “(1) to be restored by the employing agency to the position held by the employee when the leave commenced; or “(2) to be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment. “(b) The taking of leave under section 6382 shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. “(c) Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored employee “(1) the accrual of any employment benefits during any period of leave; or “(2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. “(d) As a condition to restoration under subsection (a) for an employee who takes leave under section 6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work. “(e) Nothing in this section shall be construed to prohibit an employing agency from requiring an employee on leave under section 6382 to report perioaically to the employing agency on the status and intention of the employee to return to work. “§ 6385. Prohibition of coercion “(a) An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights which such other employee may have under this subchapter. “(b) For the purpose of this section— “(1) the term ‘intimidate, threaten, or coerce’ includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation); and “(2) the term ‘employee’ means any ‘employee’, as defined by section 2105. “§ 6386. Health insurance “An employee enrolled in a health benefits plan under chapter 89 who is placed in a leave status under section 6382 may elect to continue the health benefits enrollment of the employee while in such leave status and arrange to pay currently into the Employees Health Benefits Fund (described in section 8909), the appropriate employee contributions. “§ 6387. Regulations “The Office of Personnel Management shall prescribe regulations necessary for the administration of this subchapter. The regulations prescribed under this subchapter shall, to the extent appropriate, oe consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Family and Medical Leave Act of 1993.”.

  2. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 585(b)(2) · 122 Stat. 3

    Added · 5 U.S.C. § 6382(a)(3); 5 U.S.C. § 6382(a)(4)

    Pub. L. 110–181, § 585(b)(2), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (a)(3), (4). Pub. L. 110–181, § 585(b)(2), added pars. (3) and (4).

    Enacted provision · exact public law section
    (2) Entitlement to leave.— Section 6382(a) of such title is amended by adding at the end the following: “(3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative 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. “(4) During the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative 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.” .

  3. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 585(b)(3)(A)(i) · 122 Stat. 3

    1. Substituted · 5 U.S.C. § 6382(b)(1)

      Pub. L. 110–181, § 585(b)(3)(A)(i), in second sentence, substituted “subsection (b)(5) or (f) (as appropriate) of section 6383” for “section 6383(b)(5)”

    2. Inserted · 5 U.S.C. § 6382(b)(1)

      Pub. L. 110–181, § 585(b)(3)(A)(i), in second sentence, inserted “or under subsection (a)(3)” after “subsection (a)(1)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–181, § 585(b)(3)(A)(i), in second sentence, substituted “subsection (b)(5) or (f) (as appropriate) of section 6383” for “section 6383(b)(5)” and inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

    Enacted provision · exact public law section
    (i) in paragraph (1), in the second sentence— (I) by striking “section 6383(b)(5)” and inserting “subsection (b)(5) or (f) (as appropriate) of section 6383”; and (II) by inserting “or under subsection (a)(3)” after “subsection (a)(1)”; and

  4. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 585(b)(3)(A)(ii) · 122 Stat. 3

    Inserted · 5 U.S.C. § 6382(b)(2)

    Pub. L. 110–181, § 585(b)(3)(A)(ii), inserted “or under subsection (a)(3)” after “subsection (a)(1)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–181, § 585(b)(3)(A)(ii), inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

    Enacted provision · exact public law section
    (ii) in paragraph (2), by inserting “or under subsection (a)(3)” after “subsection (a)(1)”.

  5. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 585(b)(3)(B) · 122 Stat. 3

    Substituted · 5 U.S.C. § 6382(d)

    Pub. L. 110–181, § 585(b)(3)(B), inserted at end “An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–181, § 585(b)(3)(B), inserted at end “An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.”

    Enacted provision · exact public law section
    (B) Substitution of paid leave.— Section 6382(d) of such title is amended by adding at the end the following: “An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.”.

  6. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 585(b)(3)(C) · 122 Stat. 3

    1. Amended · 5 U.S.C. § 6382(e)

      Pub. L. 110–181, § 585(b)(3)(C), as amended by Pub. L. 110–417

    2. Inserted · 5 U.S.C. § 6382(e)

      Pub. L. 110–181, § 585(b)(3)(C), as inserted “or under subsection (a)(3)” after “subsection (a)(1)” in par. (1) and in introductory provisions of par. (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–181, § 585(b)(3)(C), as amended by Pub. L. 110–417, inserted “or under subsection (a)(3)” after “subsection (a)(1)” in par. (1) and in introductory provisions of par. (2).

    Enacted provision · exact public law section
    (C) Notice.— Section 6382(e) of such title is amended by inserting “or under subsection (a)(3)” after “subsection (a)(1)”.

  7. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 565(b)(1)(B)(i) · 123 Stat. 2190

    Added · 5 U.S.C. § 6382(a)(1)(E)

    Pub. L. 111–84, § 565(b)(1)(B)(i), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(E). Pub. L. 111–84, § 565(b)(1)(B)(i), added subpar. (E).

    Enacted provision · exact public law section
    (i) in subsection (a)(1), by adding at the end the following: “(E) Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.” ;

  8. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 565(b)(1)(B)(ii) · 123 Stat. 2190

    Inserted · 5 U.S.C. § 6382(b)(1)

    Pub. L. 111–84, § 565(b)(1)(B)(ii), inserted after second sentence “Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–84, § 565(b)(1)(B)(ii), inserted after second sentence “Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”

    Enacted provision · exact public law section
    (ii) in subsection (b)(1), by inserting after the second sentence the following: “Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”;

  9. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 565(b)(1)(B)(iii) · 123 Stat. 2190

    Substituted · 5 U.S.C. § 6382(d)

    Pub. L. 111–84, § 565(b)(1)(B)(iii), substituted “(D), or (E)” for “or (D)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–84, § 565(b)(1)(B)(iii), substituted “(D), or (E)” for “or (D)”.

    Enacted provision · exact public law section
    (iii) in subsection (d), by striking “or (D)” and inserting “(D), or (E)”; and

  10. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 565(b)(4) · 123 Stat. 2190

    Substituted · 5 U.S.C. § 6382(e)(2)(A)

    Pub. L. 111–84, § 565(b)(4), substituted “parent, or covered servicemember” for “or parent”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 111–84, § 565(b)(4), substituted “parent, or covered servicemember” for “or parent”.

    Enacted provision · exact public law section
    (4) Technical amendment.— Section 6382(e)(2)(A) of title 5, United States Code, is amended by striking “or parent” and inserting “parent, or covered servicemember”.

  11. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 565(b)(1)(B)(iv) · 123 Stat. 2190

    Added · 5 U.S.C. § 6382(e)(3)

    Pub. L. 111–84, § 565(b)(1)(B)(iv), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 111–84, § 565(b)(1)(B)(iv), added par. (3).

    Enacted provision · exact public law section
    (iv) in subsection (e), by adding at the end the following: “(3) 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.” .

  12. Federal Employee Paid Leave Act

    Pub. L. 116–92 § 7602(b)(1) · 133 Stat. 1198

    Inserted · 5 U.S.C. § 6382(a)(1)

    Pub. L. 116–92, § 7602(b)(1), which directed amendment of section 6382(a)(1), without specifying the title to be amended, by inserting “and subsection (d)(2) of this section” after “section 6383” in introductory provisions, was executed to this section, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–92, § 7602(b)(1), which directed amendment of section 6382(a)(1), without specifying the title to be amended, by inserting “and subsection (d)(2) of this section” after “section 6383” in introductory provisions, was executed to this section, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in paragraph (1), in the matter preceding subparagraph (A) by inserting “and subsection (d)(2) of this section” after “section 6383”; and

    Effective date note
    Pub. L. 116–92, div. F, title LXXVI, § 7602(c), Dec. 20, 2019, 133 Stat. 2306, provided that: “The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement occurring before October 1, 2020.”

  13. Federal Employee Paid Leave Act

    Pub. L. 116–92 § 7602(b)(2) · 133 Stat. 1198

    Substituted · 5 U.S.C. § 6382(a)(4)

    Pub. L. 116–92, § 7602(b)(2), which directed amendment of section 6382(a)(4), without specifying the title to be amended, by substituting “Subject to subsection (d)(2), during” for “During”, was executed to this section, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 116–92, § 7602(b)(2), which directed amendment of section 6382(a)(4), without specifying the title to be amended, by substituting “Subject to subsection (d)(2), during” for “During”, was executed to this section, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) in paragraph (4), by striking “During” and inserting “Subject to subsection (d)(2), during”.

    Effective date note
    Pub. L. 116–92, div. F, title LXXVI, § 7602(c), Dec. 20, 2019, 133 Stat. 2306, provided that: “The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement occurring before October 1, 2020.”

  14. Federal Employee Paid Leave Act

    Pub. L. 116–92 § 7602(a) · 133 Stat. 1198

    1. Amended · 5 U.S.C. § 6382(d)

      Pub. L. 116–92, § 7602(a), designated existing provisions as par. (1)

    2. Substituted · 5 U.S.C. § 6382(d)

      Pub. L. 116–92, § 7602(a), substituted “subparagraph (C),” for “subparagraph (A), (B), (C),”

    3. Substituted · 5 U.S.C. § 6382(d)

      Pub. L. 116–92, § 7602(a), added par. (2). Amendment made by section 7602(a)(1) directing substitution of “(1) An employee” for “An employee” was executed to “An employee” appearing at the beginning of the subsection, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–92, § 7602(a), designated existing provisions as par. (1), substituted “subparagraph (C),” for “subparagraph (A), (B), (C),”, and added par. (2). Amendment made by section 7602(a)(1) directing substitution of “(1) An employee” for “An employee” was executed to “An employee” appearing at the beginning of the subsection, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (a) In General.— Subsection (d) of section 6382 of title 5, United States Code, is amended— (1) by striking “An employee” and inserting “(1) An employee”; (2) by striking “subparagraph (A), (B), (C),” and inserting “subparagraph (C),”; and (3) by adding at the end the following: “(2) (A) An employee 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. “(B) The paid leave that is available to an employee for purposes of subparagraph (A) is— “(i) 12 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and “(ii) during the 12-month period referred to in subsection (a)(1), and in addition to the 12 administrative workweeks under clause (i), any annual or sick leave accrued or accumulated by such employee under subchapter I. “(C) Nothing in this subsection shall be considered 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 subparagraph (B)(i). “(D) Paid parental leave under subparagraph (B)(i)— “(i) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; “(ii) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and “(iii) if not used by the employee before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. “(E) Nothing in this paragraph shall be construed to modify the requirement to complete at least 12 months of service as an employee (within the meaning of section 6381(1)(A)) before the date of the applicable birth or placement involved to be eligible for paid parental leave under subparagraph (B)(i) of this paragraph. “(F) (i) An employee may not take leave under this paragraph unless the employee agrees (in writing), before the commencement of such leave, to work for the applicable employing agency for not less than a period of 12 weeks beginning on the date such leave concludes. “(ii) The head of the agency shall waive the requirement in clause (i) in any instance where the employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition (including mental health), related to the applicable birth or placement of a child, of the employee or the child. “(iii) The head of the employing agency may require that an employee who claims to be unable to return to work because of a health condition described under clause (ii) provide certification supporting such claim by the health care provider of the employee or the child (as the case may be). The employee shall provide such certification to the head in a timely manner. “(G) (i) If an employee fails to return from paid leave provided under this paragraph after the date such leave concludes, the employing agency may recover, from such employee, an amount equal to the total amount of Government contributions paid by the agency under section 8906 on behalf of the employee for maintaining such employee’s health coverage under chapter 89 during the period of such leave. “(ii) Clause (i) shall not apply to any employee who fails to return from such leave due to— “(I) the continuation, recurrence, or onset of a serious health condition as described under, and consistent with the requirements of, subparagraph (F); or “(II) any other circumstance beyond the control of the employee.” .

    Effective date note
    Pub. L. 116–92, div. F, title LXXVI, § 7602(c), Dec. 20, 2019, 133 Stat. 2306, provided that: “The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement occurring before October 1, 2020.”

  15. Paid Parental Leave Technical Corrections Act of 2020

    Pub. L. 116–283 § 1103(f)(3)(A) · 134 Stat. 3388

    Struck · 5 U.S.C. § 6382(d)(1)

    Pub. L. 116–283, § 1103(f)(3)(A), struck out “under subchapter I” before “for any part” in two places

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 116–283, § 1103(f)(3)(A), struck out “under subchapter I” before “for any part” in two places.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “under subchapter I” in each place it appears; and

  16. Paid Parental Leave Technical Corrections Act of 2020

    Pub. L. 116–283 § 1103(f)(3)(B) · 134 Stat. 3388

    Struck · 5 U.S.C. § 6382(d)(2)(B)(ii)

    Pub. L. 116–283, § 1103(f)(3)(B), struck out before period at end “under subchapter I”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B)(ii). Pub. L. 116–283, § 1103(f)(3)(B), struck out before period at end “under subchapter I”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(B)(ii), by striking “under subchapter I”.

20 of 20 references resolved to an enrolled provision

Editorial Notes

Amendments2008–2021 · 4 rounds

2021

Subsec. (d)(1). Pub. L. 116–283, § 1103(f)(3)(A), struck out “under subchapter I” before “for any part” in two places.

Subsec. (d)(2)(B)(ii). Pub. L. 116–283, § 1103(f)(3)(B), struck out before period at end “under subchapter I”.

2019

Subsec. (a)(1). Pub. L. 116–92, § 7602(b)(1), which directed amendment of section 6382(a)(1), without specifying the title to be amended, by inserting “and subsection (d)(2) of this section” after “section 6383” in introductory provisions, was executed to this section, to reflect the probable intent of Congress.

Subsec. (a)(4). Pub. L. 116–92, § 7602(b)(2), which directed amendment of section 6382(a)(4), without specifying the title to be amended, by substituting “Subject to subsection (d)(2), during” for “During”, was executed to this section, to reflect the probable intent of Congress.

Subsec. (d). Pub. L. 116–92, § 7602(a), designated existing provisions as par. (1), substituted “subparagraph (C),” for “subparagraph (A), (B), (C),”, and added par. (2). Amendment made by section 7602(a)(1) directing substitution of “(1) An employee” for “An employee” was executed to “An employee” appearing at the beginning of the subsection, to reflect the probable intent of Congress.

2009

Subsec. (a)(1)(E). Pub. L. 111–84, § 565(b)(1)(B)(i), added subpar. (E).

Subsec. (b)(1). Pub. L. 111–84, § 565(b)(1)(B)(ii), inserted after second sentence “Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”

Subsec. (d). Pub. L. 111–84, § 565(b)(1)(B)(iii), substituted “(D), or (E)” for “or (D)”.

Subsec. (e)(2)(A). Pub. L. 111–84, § 565(b)(4), substituted “parent, or covered servicemember” for “or parent”.

Subsec. (e)(3). Pub. L. 111–84, § 565(b)(1)(B)(iv), added par. (3).

2008

Subsec. (a)(3), (4). Pub. L. 110–181, § 585(b)(2), added pars. (3) and (4).

Subsec. (b)(1). Pub. L. 110–181, § 585(b)(3)(A)(i), in second sentence, substituted “subsection (b)(5) or (f) (as appropriate) of section 6383” for “section 6383(b)(5)” and inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

Subsec. (b)(2). Pub. L. 110–181, § 585(b)(3)(A)(ii), inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

Subsec. (d). Pub. L. 110–181, § 585(b)(3)(B), inserted at end “An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.”

Subsec. (e). Pub. L. 110–181, § 585(b)(3)(C), as amended by Pub. L. 110–417, inserted “or under subsection (a)(3)” after “subsection (a)(1)” in par. (1) and in introductory provisions of par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92, div. F, title LXXVI, § 7602(c), , 133 Stat. 2306, provided that: “The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement occurring before .”

Effective Date of 2008 Amendment

Pub. L. 110–417, [div. A], title X, § 1061(b), , 122 Stat. 4612, provided that the amendment made by section 1061(b)(2) is effective as of , and as if included in Pub. L. 110–181 as enacted.

Effective Date

Section effective 6 months after , see section 405(b)(1) of Pub. L. 103–3, set out as a note under section 2601 of Title 29, Labor.

Clarification for Members of the National Guard and Reserves: Executive Branch Employees

Pub. L. 116–92, div. F, title LXXVI, § 7605(a), , 133 Stat. 2308, provided that: “For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to subsection (d)(2)(A) of section 6382 of such title (as added by section 1102 [probably means section “7602” of Pub. L. 116–92]), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title.”

Credits

1993–2021 · 6 acts
  1. 1993Added Pub. L. 103–3, title II, § 201(a)(1), , 107 Stat. 20
  2. 2008amended Pub. L. 110–181, div. A, title V, § 585(b)(2)–(3)(C), , 122 Stat. 132
  3. 2008Pub. L. 110–417, [div. A], title X, § 1061(b)(2), , 122 Stat. 4612
  4. 2009Pub. L. 111–84, div. A, title V, § 565(b)(1)(B), (4), , 123 Stat. 2311, 2312
  5. 2019Pub. L. 116–92, div. F, title LXXVI, § 7602(a), (b), , 133 Stat. 2304, 2305
  6. 2021Pub. L. 116–283, div. A, title XI, § 1103(f)(3), , 134 Stat. 3889.
Show as published

(Added Pub. L. 103–3, title II, § 201(a)(1), , 107 Stat. 20; amended Pub. L. 110–181, div. A, title V, § 585(b)(2)–(3)(C), , 122 Stat. 132; Pub. L. 110–417, [div. A], title X, § 1061(b)(2), , 122 Stat. 4612; Pub. L. 111–84, div. A, title V, § 565(b)(1)(B), (4), , 123 Stat. 2311, 2312; Pub. L. 116–92, div. F, title LXXVI, § 7602(a), (b), , 133 Stat. 2304, 2305; Pub. L. 116–283, div. A, title XI, § 1103(f)(3), , 134 Stat. 3889.)

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USLM identifier /us/usc/t5/s6382