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Title 42 — The Public Health and WelfareRelease 119-73

§12631 Family and medical leave

Title 42 › Chapter CHAPTER 129— - NATIONAL AND COMMUNITY SERVICE › Subchapter SUBCHAPTER I— - NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM › § 12631

Last updated Apr 6, 2026|Official source

Summary

Treats national service participants as employees for family and medical leave when they meet the service-period and hours tests in section 101(2)(A)(i) and (ii) and their project sponsor is an employer under section 101(4) (not an employing agency under subchapter V of chapter 63 of title 5). It also covers participants who meet section 6381(1)(B) when the sponsor is an employing agency under subchapter V of chapter 63 of title 5. Time off under title I or subchapter V must not count toward finishing the participant’s term of service under section 12593.

Full Legal Text

Title 42, §12631

The Public Health and Welfare — Source: USLM XML via OLRC

(a)For purposes of title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.], if—
(1)a participant has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met the hours of service requirement of section 101(2)(A)(ii), of such Act with respect to a project authorized under the national service laws; and
(2)the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5),
(b)For purposes of subchapter V of chapter 63 of title 5, if—
(1)a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and
(2)the service sponsor of the project is an employing agency within the meaning of such subchapter,
(c)The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.] or subchapter V of chapter 63 of title 5 shall not be counted toward the completion of the term of service of the participant under section 12593 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Family and Medical Leave Act of 1993, referred to in subsecs. (a) and (c), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6. Title I of the Act is classified generally to subchapter I (§ 2611 et seq.) of chapter 28 of Title 29, Labor. For complete classification of this Act to the Code, see

Short Title

note set out under section 2601 of Title 29 and Tables.

Amendments

2009—Subsec. (a)(1). Pub. L. 111–13 substituted “with respect to a project authorized under the national service laws” for “with respect to a project”. 1993—Pub. L. 103–82 amended section generally, substituting provisions relating to family and medical leave for provisions relating to limitation on number of grants under this subchapter.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12631

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73