
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: 29USC2614]

 
                             TITLE 29--LABOR
 
                  CHAPTER 28--FAMILY AND MEDICAL LEAVE
 
              SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
 
Sec. 2614. Employment and benefits protection


(a) Restoration to position

                           (1) In general

        Except as provided in subsection (b) of this section, any 
    eligible employee who takes leave under section 2612 of this title 
    for the intended purpose of the leave shall be entitled, on return 
    from such leave--
            (A) to be restored by the employer to the position of 
        employment held by the employee when the leave commenced; or
            (B) to be restored to an equivalent position with equivalent 
        employment benefits, pay, and other terms and conditions of 
        employment.

                        (2) Loss of benefits

        The taking of leave under section 2612 of this title shall not 
    result in the loss of any employment benefit accrued prior to the 
    date on which the leave commenced.

                           (3) Limitations

        Nothing in this section shall be construed to entitle any 
    restored employee to--
            (A) the accrual of any seniority or employment benefits 
        during any period of leave; or
            (B) 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.

                          (4) Certification

        As a condition of restoration under paragraph (1) for an 
    employee who has taken leave under section 2612(a)(1)(D) of this 
    title, the employer 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, except that nothing in this paragraph shall supersede a 
    valid State or local law or a collective bargaining agreement that 
    governs the return to work of such employees.

                          (5) Construction

        Nothing in this subsection shall be construed to prohibit an 
    employer from requiring an employee on leave under section 2612 of 
    this title to report periodically to the employer on the status and 
    intention of the employee to return to work.

(b) Exemption concerning certain highly compensated employees

                      (1) Denial of restoration

        An employer may deny restoration under subsection (a) of this 
    section to any eligible employee described in paragraph (2) if--
            (A) such denial is necessary to prevent substantial and 
        grievous economic injury to the operations of the employer;
            (B) the employer notifies the employee of the intent of the 
        employer to deny restoration on such basis at the time the 
        employer determines that such injury would occur; and
            (C) in any case in which the leave has commenced, the 
        employee elects not to return to employment after receiving such 
        notice.

                       (2) Affected employees

        An eligible employee described in paragraph (1) is a salaried 
    eligible employee who is among the highest paid 10 percent of the 
    employees employed by the employer within 75 miles of the facility 
    at which the employee is employed.

(c) Maintenance of health benefits

                            (1) Coverage

        Except as provided in paragraph (2), during any period that an 
    eligible employee takes leave under section 2612 of this title, the 
    employer shall maintain coverage under any ``group health plan'' (as 
    defined in section 5000(b)(1) of title 26) for the duration of such 
    leave at the level and under the conditions coverage would have been 
    provided if the employee had continued in employment continuously 
    for the duration of such leave.

                  (2) Failure to return from leave

        The employer may recover the premium that the employer paid for 
    maintaining coverage for the employee under such group health plan 
    during any period of unpaid leave under section 2612 of this title 
    if--
            (A) the employee fails to return from leave under section 
        2612 of this title after the period of leave to which the 
        employee is entitled has expired; and
            (B) the employee fails to return to work for a reason other 
        than--
                (i) the continuation, recurrence, or onset of a serious 
            health condition that entitles the employee to leave under 
            subparagraph (C) or (D) of section 2612(a)(1) of this title; 
            or
                (ii) other circumstances beyond the control of the 
            employee.

                          (3) Certification

        (A) Issuance

            An employer may require that a claim that an employee is 
        unable to return to work because of the continuation, 
        recurrence, or onset of the serious health condition described 
        in paragraph (2)(B)(i) be supported by--
                (i) a certification issued by the health care provider 
            of the son, daughter, spouse, or parent of the employee, as 
            appropriate, in the case of an employee unable to return to 
            work because of a condition specified in section 
            2612(a)(1)(C) of this title; or
                (ii) a certification issued by the health care provider 
            of the eligible employee, in the case of an employee unable 
            to return to work because of a condition specified in 
            section 2612(a)(1)(D) of this title.

        (B) Copy

            The employee shall provide, in a timely manner, a copy of 
        such certification to the employer.

        (C) Sufficiency of certification

            (i) Leave due to serious health condition of 
                    employee

                The certification described in subparagraph (A)(ii) 
            shall be sufficient if the certification states that a 
            serious health condition prevented the employee from being 
            able to perform the functions of the position of the 
            employee on the date that the leave of the employee expired.
            (ii) Leave due to serious health condition of family 
                    member

                The certification described in subparagraph (A)(i) shall 
            be sufficient if the certification states that the employee 
            is needed to care for the son, daughter, spouse, or parent 
            who has a serious health condition on the date that the 
            leave of the employee expired.

(Pub. L. 103-3, title I, Sec. 104, Feb. 5, 1993, 107 Stat. 12.)

                  Section Referred to in Other Sections

    This section is referred to in sections 2618, 2632 of this title; 
title 2 section 1312; title 3 section 412.
