[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2612]
TITLE 29--LABOR
CHAPTER 28--FAMILY AND MEDICAL LEAVE
SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
Sec. 2612. Leave requirement
(a) In general
(1) Entitlement to leave
Subject to section 2613 of this title, 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.
(B) Because of the placement of a son or daughter with the
employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, or
parent, of the employee, if such spouse, son, daughter, or
parent has a serious health condition.
(D) Because of a serious health condition that makes the
employee unable to perform the functions of the position of such
employee.
(2) Expiration of entitlement
The entitlement to leave under subparagraphs (A) and (B) of
paragraph (1) for a birth or placement of a son or daughter shall
expire at the end of the 12-month period beginning on the date of
such birth or placement.
(b) Leave taken intermittently or on reduced leave schedule
(1) In general
Leave under subparagraph (A) or (B) of subsection (a)(1) of this
section 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. Subject to paragraph (2), subsection
(e)(2) of this section, and section 2613(b)(5) of this title, leave
under subparagraph (C) or (D) of subsection (a)(1) of this section
may be taken intermittently or on a reduced leave schedule when
medically necessary. The taking of leave intermittently or on a
reduced leave schedule pursuant to this paragraph shall not result
in a reduction in the total amount of leave to which the employee is
entitled under subsection (a) of this section beyond the amount of
leave actually taken.
(2) Alternative position
If an employee requests intermittent leave, or leave on a
reduced leave schedule, under subparagraph (C) or (D) of subsection
(a)(1) of this section, that is foreseeable based on planned medical
treatment, the employer may require such employee to transfer
temporarily to an available alternative position offered by the
employer for which the employee is qualified and that--
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave than the
regular employment position of the employee.
(c) Unpaid leave permitted
Except as provided in subsection (d) of this section, leave granted
under subsection (a) may consist of unpaid leave. Where an employee is
otherwise exempt under regulations issued by the Secretary pursuant to
section 213(a)(1) of this title, the compliance of an employer with this
subchapter by providing unpaid leave shall not affect the exempt status
of the employee under such section.
(d) Relationship to paid leave
(1) Unpaid leave
If an employer provides paid leave for fewer than 12 workweeks,
the additional weeks of leave necessary to attain the 12 workweeks
of leave required under this subchapter may be provided without
compensation.
(2) Substitution of paid leave
(A) In general
An eligible employee may elect, or an employer may require
the employee, to substitute any of the accrued paid vacation
leave, personal leave, or family leave of the employee for leave
provided under subparagraph (A), (B), or (C) of subsection
(a)(1) of this section for any part of the 12-week period of
such leave under such subsection.
(B) Serious health condition
An eligible employee may elect, or an employer may require
the employee, to substitute any of the accrued paid vacation
leave, personal leave, or medical or sick leave of the employee
for leave provided under subparagraph (C) or (D) of subsection
(a)(1) of this section for any part of the 12-week period of
such leave under such subsection, except that nothing in this
subchapter shall require an employer to provide paid sick leave
or paid medical leave in any situation in which such employer
would not normally provide any such paid leave.
(e) Foreseeable leave
(1) Requirement of notice
In any case in which the necessity for leave under subparagraph
(A) or (B) of subsection (a)(1) of this section is foreseeable based
on an expected birth or
