42 U.S.C. § 12631 — Family and medical leave
submitted 36 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 256 words · no verdicts yet
Corps and service participants who serve long enough count as employees for family and medical leave law. This applies to both private and public service sponsors, including federal ones. Time off under family and medical leave doesn't count toward finishing a service term.
(a) Participants in private, state*, and local projects. Under Title I of the Family and Medical Leave Act, if a participant* has served for the time and hours required by that Act's rules, and the sponsor running their project* is an employer covered by that Act (other than a federal employing agency), then the participant counts as an eligible employee of that sponsor.
(b) Participants in federal projects. Under the federal-employee family leave law (subchapter V of chapter 63 of title 5), if a participant has served for the time required there, and their project's sponsor is a federal employing agency under that law, then the participant counts as an employee of that sponsor.
(c) Time away doesn't count toward service. Any time a participant is away from their service position under the Family and Medical Leave Act, or under the federal-employee version of it, does not count toward finishing their required term of service under section 12593.
For purposes of title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.], if—
a participant* has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met the hours of service requirement of section 101(2)(A)(ii), of such Act with respect to a project* authorized under the national service laws*; and
the service sponsor* of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5),
the participant shall be considered to be an eligible employee of the service sponsor.
For purposes of subchapter V of chapter 63 of title 5, if—
a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and
the service sponsor of the project is an employing agency within the meaning of such subchapter,
the participant shall be considered to be an employee of the service sponsor.
The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.] or subchapter V of chapter 63 of title 5 shall not be counted toward the completion of the term of service of the participant under section 12593 of this title.
Source credit: (Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 113(a), Sept. 21, 1993, 107 Stat. 861; Pub. L. 111–13, title I, § 1601, Apr. 21, 2009, 123 Stat. 1529.)
- 1990Enacted · Pub. L. 101-610 · 104 Stat. 3159
- 1993Amended · Pub. L. 103-82 · 107 Stat. 861
- 2009Amended · Pub. L. 111-13 · 123 Stat. 1529
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1990-11-16.
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