2-U.S.C.-1312
§1312 – Rights and Protections Under Family and Medical Leave Act of 1993
Pathway
Title 2 > Chapter 24 > Subchapter II > Part A > Section 1312
Details
- Reference: Section 1312
- Legend: §1312 – Rights and Protections Under Family and Medical Leave Act of 1993
- USCode Year: 2013
Provision Content
(a) Family and medical leave rights and protections provided
(1) In general
The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered employees.
(2) Definitions
For purposes of the application described in paragraph (1)—
(A) the term employer” as used in the Family and Medical Leave Act of 1993 means any employing office, and
(B) the term eligible employee” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months.
(b) Remedy
The remedy for a violation of subsection (a) of this section shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
(c) Omitted
(d) Regulations
(1) In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement the rights and protections under this section.
(2) Agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) of this section except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(e) Effective date
(1) In general
Subsections (a) and (b) of this section shall be effective 1 year after January 23, 1995.
(2) Government Accountability Office and Library of Congress
Subsection (c) of this section shall be effective 1 year after transmission to the Congress of the study under section 1371 of this title.
(Pub. L. 104–1, title II, §202, Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
References in Text
The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, as amended, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.
Subsection (c) of this section, referred to in subsec. (e)(2), amended section 6381 of Title 5, Government Organization and Employees, and sections 2611 and 2617 of Title 29, Labor.
Codification
Section is comprised of section 202 of Pub. L. 104–1. Subsec. (c) of section 202 of Pub. L. 104–1 amended section 6381 of Title 5, Government Organization and Employees, and sections 2611 and 2617 of Title 29, Labor.
Amendments
2004—Subsec. (e)(2). Pub. L. 108–271 substituted Government Accountability Office” for General Accounting Office” in heading.
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