(b), is Pub. (2) DUTIES OF EMPLOYEE.--In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1). (b) LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE. (A) IN GENERAL.--The term "eligible employee" means an employee who has been employed, (i) for at least 12 months by the employer with respect to whom leave is requested under section 102; and. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} (B) better accommodates recurring periods of leave than the regular employment position of the employee. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} He advises managers to be aware of the nuances of each law to properly determine when to apply each law in personnel situations. (B) EMPLOYER.--The term "employer" means an agency or school described in paragraph (1). Florida FMLA is the abbreviated term for the Family and Medical Leave Act and the specifics of the act relevant in the state of Florida. Temporary employees on appointments not to exceed 1 year or employees on an intermittent work schedule are covered under Title 1 of the FMLA and are eligible for expanded family and medical leave. (1) IN GENERAL.--In any case in which the second opinion described in subsection (c) differs from the opinion in the original certification provided under subsection (a), the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b). (13) SPOUSE.--The term "spouse" means a husband or wife, as the case may be. On December 20, 2019, as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2020, the Federal Employee Paid Leave Act (FEPLA) amended the Family and Medical Leave Act (FMLA) to grant federal government employees up to 12 weeks of paid time off for the birth, adoption or foster of a new child. The .gov means it’s official. Subject to paragraph (2), subsection (e)(2), and, (2) ALTERNATIVE POSITION. An Act To grant family and temporary medical leave under certain circumstances. .usa-footer .container {max-width:1440px!important;} (1) COVERAGE.--Except as provided in paragraph (2), during any period that an eligible employee takes leave under section 102, the employer shall maintain coverage under any "group health plan" (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) 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. Family and medical leave act (fmla)(title i administered by the department of labor) 29 U.S.C. (19) VETERAN.—The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code. (a) IN GENERAL.--To ensure compliance with the provisions of this title, or any regulation or order issued under this title, the Secretary shall have, subject to subsection (c), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. (1) ADMINISTRATIVE ACTION.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 105 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. (2) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} (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 102 if--, (A) the employee fails to return from leave under section 102 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 102(a)(1). (14) COVERED ACTIVE DUTY.—The term ‘covered active duty’ means--, (A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and. .cd-main-content p, blockquote {margin-bottom:1em;} (d) SUBPOENA POWERS.--For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938, (1) LIABILITY.--Any employer who violates section 105 shall be liable to any eligible employee affected--, (I) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or, (II) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks, (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and, (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer who has violated section 105 proves to the satisfaction of the court that the act or omission which violated section 105 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 105, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and. (7) PARENT.--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. After an employee returns from leave … 211(c)) and in accordance with regulations issued by the Secretary. The Office of Personnel Management (OPM) has issued final regulations implementing Title II of the Family and Medical Leave Act of 1993 (FMLA). (d) ACTION FOR INJUNCTION BY SECRETARY.--The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary--, (1) to restrain violations of section 105, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible employees; or. SECTION 1. (e) RESTORATION TO EQUIVALENT EMPLOYMENT POSITION.--For purposes of determinations under section 104(a)(1)(B) (relating to the restoration of an eligible employee to an equivalent position), in the case of a local educational agency or a private elementary or secondary school, such determination shall be made on the basis of established school board policies and practices, private school policies and practices, and collective bargaining agreements. .usa-footer .grid-container {padding-left: 30px!important;} (3) COMMENCEMENT.--In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. 2601 et seq. (10) SECRETARY.--The term "Secretary" means the Secretary of Labor. endstream endobj startxref (e) SOLICITOR OF LABOR.--The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section. (e) SUBSEQUENT RECERTIFICATION.--The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis. SEC. 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. Am I able to get my old job back after returning from leave? (1) COMMERCE.--The terms "commerce" and "industry or activity affecting commerce" mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. DIVISION C – Emergency Family and Medical Leave Expansion Act Prepared by the Democratic staff of the House Committee on Education and Labor. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} ACTION: Final rule. .h1 {font-family:'Merriweather';font-weight:700;} ]]>*/, Public Law 103-3 However, federal employees covered by Title II of the Family and Medical Leave Act are covered by the paid sick leave provision. (C) DETERMINATION.--For purposes of determining whether an employee meets the hours of service requirement specified in subparagraph. § 630.1206 Substitution of paid leave. (5) CONSTRUCTION.--Nothing in this subsection shall be construed to prohibit an employer from requiring an employee on leave under section 102 to report periodically to the employer on the status and intention of the employee to return to work. 211(a)). (1) IN GENERAL.--In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 102(a)(1), the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) for such leave. It is not clear why Congress set up separate administration of FMLA for federal employees, and a side-by-side comparison of the two Titles reveals that coverage is not the same. (c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL BASIS.--The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this title or any regulation or order issued pursuant to this title, or is investigating a charge pursuant to section 107(b). (1) IN GENERAL.--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 employer of the employee agree otherwise. -- If an employee requests intermittent leave, or leave on a reduced leave schedule, under subparagraph (C) or (D) of subsection (a)(1). Washington, DC 20210 .table thead th {background-color:#f1f1f1;color:#222;} 203(a)). #block-googletagmanagerheader .field { padding-bottom:0 !important; } (B) on the filing of a complaint by the Secretary in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an eligible employee by an employer liable under paragraph (1), unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary. (D) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee. (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 102(a)(1)(C); 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 102(a)(1)(D). The FMLA is administered by the Wage and Hour Division of the … 2000d et seq. %%EOF (B) Because of the placement of a son or daughter with the employee for adoption or foster care. (1) ENTITLEMENT TO LEAVE.--Subject to section 103, 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. /*-->