
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: 5USC6384]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                 SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
 
Sec. 6384. Employment and benefits protection

    (a) Any employee who takes leave under section 6382 for the intended 
purpose of the leave shall be entitled, upon return from such leave--
        (1) to be restored by the employing agency to the position held 
    by the employee when the leave commenced; or
        (2) to be restored to an equivalent position with equivalent 
    benefits, pay, status, and other terms and conditions of employment.

    (b) The taking of leave under section 6382 shall not result in the 
loss of any employment benefit accrued prior to the date on which the 
leave commenced.
    (c) Except as otherwise provided by or under law, nothing in this 
section shall be construed to entitle any restored employee to--
        (1) the accrual of any employment benefits during any period of 
    leave; or
        (2) 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.

    (d) As a condition to restoration under subsection (a) for an 
employee who takes leave under section 6382(a)(1)(D), the employing 
agency 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.
    (e) Nothing in this section shall be construed to prohibit an 
employing agency from requiring an employee on leave under section 6382 
to report periodically to the employing agency on the status and 
intention of the employee to return to work.

(Added Pub. L. 103-3, title II, Sec. 201(a)(1), Feb. 5, 1993, 107 Stat. 
22.)

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1371.
