
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC6381]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                 SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
 
Sec. 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 \1\ any individual employed on a temporary or 
        intermittent basis, and any employee of the General Accounting 
        Office or the Library of Congress; and
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    \1\ So in original. Probably should be followed by a comma.
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            (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.

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107 Stat. 
19; amended Pub. L. 104-1, title II, Sec. 202(c)(2), Jan. 23, 1995, 109 
Stat. 9.)


                               Amendments

    1995--Par. (1)(A). Pub. L. 104-1 struck out ``and'' after ``District 
of Columbia'' and inserted ``, and any employee of the General 
Accounting Office or the Library of Congress'' before semicolon.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-1 effective 1 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, see section 
405(b)(1) of Pub. L. 103-3, set out as a note under section 2601 of 
Title 29, Labor.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1371; title 42 
section 12631.
