§412 Rights and protections under the Family and Medical Leave Act of 1993

Summary

Give covered employees the same Family and Medical Leave Act rights found in sections 101–105. For that purpose, an "employer" means any employing office, and an "eligible employee" means a covered employee who has worked in any employing office for 12 months and at least 1,250 hours in the past 12 months. The 12-month and 1,250-hour rules do not apply for leave covered by section 102(a)(1)(A) or 102(a)(1)(B). If someone’s rights are violated, they can get the same remedies, including liquidated damages, as allowed under section 107(a)(1) of the Act. A covered employee may choose to use any available paid leave instead of unpaid leave for the types of leave in section 102(a)(1)(A) or (B). The paid-leave rules follow the type and amount in 5 U.S.C. 6382(d)(2)(B) and must be applied like 5 U.S.C. 6382(d)(2), except refer to an employing office instead of an employing agency and subparagraph (E) of that rule does not apply. The President or the President’s designee must issue rules to carry out these changes. Those rules should match the Labor Secretary’s regulations unless the President explains a change is needed for good cause, or chooses to use an executive-branch rule in subchapter V of chapter 63 of title 5 when it is equally effective and helps uniformity. The President must also issue rules to implement the paid-leave substitution. Subsections (a) and (b) take effect on the earlier of the effective date of the regulations under subsection (c) as in effect when the Presidential and Executive Office Accountability Act was enacted, or October 1, 1998.