
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: 5USC6382]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                 SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
 
Sec. 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 under 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.

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

                  Section Referred to in Other Sections

    This section is referred to in sections 6383, 6384, 6386 of this 
title; title 2 section 1371.
