
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2611]

 
                             TITLE 29--LABOR
 
                  CHAPTER 28--FAMILY AND MEDICAL LEAVE
 
              SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
 
Sec. 2611. Definitions

    As used in this subchapter:

                            (1) Commerce

        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.

                        (2) Eligible employee

        (A) In general

            The term ``eligible employee'' means an employee who has 
        been employed--
                (i) for at least 12 months by the employer with respect 
            to whom leave is requested under section 2612 of this title; 
            and
                (ii) for at least 1,250 hours of service with such 
            employer during the previous 12-month period.

        (B) Exclusions

            The term ``eligible employee'' does not include--
                (i) any Federal officer or employee covered under 
            subchapter V of chapter 63 of title 5; or
                (ii) any employee of an employer who is employed at a 
            worksite at which such employer employs less than 50 
            employees if the total number of employees employed by that 
            employer within 75 miles of that worksite is less than 50.

        (C) Determination

            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.

                     (3) Employ; employee; State

        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.

                            (4) Employer

        (A) In general

            The term ``employer''--
                (i) means any person engaged in commerce or in any 
            industry or activity affecting commerce who employs 50 or 
            more employees for each working day during each of 20 or 
            more calendar workweeks in the current or preceding calendar 
            year;
                (ii) includes--
                    (I) any person who acts, directly or indirectly, in 
                the interest of an employer to any of the employees of 
                such employer; and
                    (II) any successor in interest of an employer;

                (iii) includes any ``public agency'', as defined in 
            section 203(x) of this title; and
                (iv) includes the General Accounting Office and the 
            Library of Congress.

        (B) Public agency

            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.

                       (5) Employment benefits

        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.

                      (6) Health care provider

        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; or
            (B) any other person determined by the Secretary to be 
        capable of providing health care services.

                             (7) Parent

        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.

                             (8) Person

        The term ``person'' has the same meaning given such term in 
    section 203(a) of this title.

                     (9) Reduced leave schedule

        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.

                           (10) Secretary

        The term ``Secretary'' means the Secretary of Labor.

                    (11) Serious health condition

        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.

                        (12) Son or daughter

        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.

                             (13) Spouse

        The term ``spouse'' means a husband or wife, as the case may be.

(Pub. L. 103-3, title I, Sec. 101, Feb. 5, 1993, 107 Stat. 7; Pub. L. 
104-1, title II, Sec. 202(c)(1)(A), Jan. 23, 1995, 109 Stat. 9.)


                               Amendments

    1995--Par. (4)(A)(iv). Pub. L. 104-1 added cl. (iv).


                    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(e)(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 Date

    Subchapter effective 6 months after Feb. 5, 1993, except that, in 
the case of collective bargaining agreements in effect on that effective 
date, subchapter 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.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1312; title 3 section 
412; title 42 section 12631.
