
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: 29USC2612]

 
                             TITLE 29--LABOR
 
                  CHAPTER 28--FAMILY AND MEDICAL LEAVE
 
              SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
 
Sec. 2612. Leave requirement


(a) In general

                      (1) Entitlement to leave

        Subject to section 2613 of this title, 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:
            (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 position of such 
        employee.

                    (2) Expiration of entitlement

        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.

(b) Leave taken intermittently or on reduced leave schedule

                           (1) In general

        Leave under subparagraph (A) or (B) of subsection (a)(1) of this 
    section 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) of this section, and section 2613(b)(5) of this title, leave 
    under subparagraph (C) or (D) of subsection (a)(1) of this section 
    may be taken intermittently or on a reduced leave schedule when 
    medically necessary. 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) of this section beyond the amount of 
    leave actually taken.

                      (2) Alternative position

        If an employee requests intermittent leave, or leave on a 
    reduced leave schedule, under subparagraph (C) or (D) of subsection 
    (a)(1) of this section, 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--
            (A) has equivalent pay and benefits; and
            (B) better accommodates recurring periods of leave than the 
        regular employment position of the employee.

(c) Unpaid leave permitted

    Except as provided in subsection (d) of this section, leave granted 
under subsection (a) 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.

(d) Relationship to paid leave

                          (1) Unpaid leave

        If an employer provides paid leave for fewer than 12 workweeks, 
    the additional weeks of leave necessary to attain the 12 workweeks 
    of leave required under this subchapter may be provided without 
    compensation.

                   (2) Substitution of paid leave

        (A) In general

            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), or (C) of subsection 
        (a)(1) of this section for any part of the 12-week period of 
        such leave under such subsection.

        (B) Serious health condition

            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) of this section 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.

(e) Foreseeable leave

                      (1) Requirement of notice

        In any case in which the necessity for leave under subparagraph 
    (A) or (B) of subsection (a)(1) of this section 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.

                       (2) Duties of employee

        In any case in which the necessity for leave under subparagraph 
    (C) or (D) of subsection (a)(1) of this section 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 employer, 
        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 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 treatment requires leave to begin in less than 
        30 days, the employee shall provide such notice as is 
        practicable.

(f) Spouses employed by same employer

    In any case in which a husband and wife entitled to leave under 
subsection (a) of this section 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--
        (1) under subparagraph (A) or (B) of subsection (a)(1) of this 
    section; or
        (2) to care for a sick parent under subparagraph (C) of such 
    subsection.

(Pub. L. 103-3, title I, Sec. 102, Feb. 5, 1993, 107 Stat. 9.)

                  Section Referred to in Other Sections

    This section is referred to in sections 2611, 2613, 2614, 2618 of 
this title; title 2 section 1312; title 3 section 412.
