§ 2611. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2611]
TITLE 29--LABOR
CHAPTER 28--FAMILY AND MEDICAL LEAVE
SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
Sec. 2611. Definitions
As used in this subchapter:
(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 142 of this title.
(2) Eligible employee
(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 2612 of this title;
and
(ii) for at least 1,250 hours of service with such
employer during the previous 12-month period.
(B) Exclusions
The term ``eligible employee'' does not include--
(i) any Federal officer or employee covered under
subchapter V of chapter 63 of title 5; or
(ii) any employee of an employer who is employed at a
worksite at which such employer employs less than 50
employees if the total number of employees employed by that
employer within 75 miles of that worksite is less than 50.
(C) Determination
For purposes of determining whether an employee meets the
hours of service requirement specified in subparagraph (A)(ii),
the legal standards established under section 207 of this title
shall apply.
(3) Employ; employee; State
The terms ``employ'', ``employee'', and ``State'' have the same
meanings given such terms in subsections (c), (e), and (g) of
section 203 of this title.
(4) Employer
(A) In general
The term ``employer''--
(i) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 50 or
more employees for each working day during each of 20 or
more calendar workweeks in the current or preceding calendar
year;
(ii) includes--
(I) any person who acts, directly or indirectly, in
the interest of an employer to any of the employees of
such employer; and
(II) any successor in interest of an employer;
(iii) includes any ``public agency'', as defined in
section 203(x) of this title; and
(iv) includes the General Accounting Office and the
Library of Congress.
(B) Public agency
For purposes of subparagraph (A)(iii), a public agency shall
be considered to be a person engaged in commerce or in an
industry or activity affecting commerce.
(5) Employment benefits
The term ``employment benefits'' means all benefits provided or
made available to employees by an employer, including group life
insurance, health insurance, disability insurance, sick leave,
annual leave, educational benefits, and pensions, regardless of
whether such benefits are provided by a practice or written policy
of an employer or through an ``employee benefit plan'', as defined
in section 1002(3) of this title.
(6) Health care provider
The term ``health care provider'' means--
(A) a doctor of medicine or osteopathy who is authorized to
practice medicine or surgery (as appropriate) by the State in
which the doctor practices; or
(B) any other person determined by the Secretary to be
capable of providing health care services.
(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.
(8) Person
The term ``person'' has the same meaning given such term in
section 203(a) of this title.
(9) Reduced leave schedule
The term ``reduced leave schedule'' means a leave schedule that
reduces the usual number of hours per workweek, or hours per
workday, of an employee.
(10) Secretary
The term ``Secretary'' means the Secretary of Labor.
(11) Serious health condition
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
(B) continuing treatment by a health care provider.
(12) Son or daughter
The term ``son or daughter'' means a biological, adopted, or
foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis, who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-care
because of a mental or physical disability.
(13) Spouse
The term ``spouse'' means a husband or wife, as the case may be.
(Pub. L. 103-3, title I, Sec. 101, Feb. 5, 1993, 107 Stat. 7; Pub. L.
104-1, title II, Sec. 202(c)(1)(A), Jan. 23, 1995, 109 Stat. 9.)
Amendments
1995--Par. (4)(A)(iv). Pub. L. 104-1 added cl. (iv).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-1 effective one year after transmission to
Congress of the study under section 1371 of Title 2, The Congress, see
section 1312(e)(2) of Title 2. The study required under section 1371 of
Title 2, dated Dec. 31, 1996, was transmitted to Congress by the Board
of Directors of the Office of Compliance on Dec. 30, 1996.
Effective Date
Subchapter effective 6 months after Feb. 5, 1993, except that, in
the case of collective bargaining agreements in effect on that effective
date, subchapter applicable on the earlier of (1) the date of
termination of such agreement, or (2) the date that occurs 12 months
after Feb. 5, 1993, see section 405(b) of Pub. L. 103-3, set out as a
note under section 2601 of this title.
Section Referred to in Other Sections
This section is referred to in title 2 section 1312; title 3 section
412; title 42 section 12631.
