5 U.S.C. § 6384 — Employment and benefits protection
submitted 33 years ago by Pub. L. 103-3 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 251 words · no verdicts yet
An employee who properly takes leave must be restored to the same or an equivalent job and does not lose benefits earned before leave. The employee is not automatically entitled to benefits that would not have accrued during leave, and an agency may require return-to-work certification and status reports.
(a) An employee* who takes section 6382 leave for its intended purpose must, on return, be restored by the agency to the former position or an equivalent position with equivalent benefits, pay, status, and other employment terms. (b) Taking leave cannot cause loss of an employment benefit accrued before leave began. (c) Unless another law provides otherwise, restoration does not entitle the employee to benefits accruing during leave or to a right, benefit, or position the employee would not have had without taking leave. (d) For leave based on the employee’s own serious health condition*, an agency may uniformly require certification from the employee’s provider that the employee can resume work. (e) An agency may require an employee on leave to report periodically on status and intent to return.
Any employee* who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return from such leave—
to be restored by the employing agency to the position held by the employee when the leave commenced; or
to be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.
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.
Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored employee to—
the accrual of any employment benefits during any period of leave; or
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.
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.
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.
Source credit: (Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 22.)
- 1993Enacted · Pub. L. 103-3 · 107 Stat. 22
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-3 on 1993-02-05.
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