§6384 — Title 5 Government Organization and Employees | U.S. Code

Summary

Employees who take leave under section 6382 for the reason they said must be put back to their old job when they return. If that job is not available, they must be placed in a job that is equal in pay, benefits, status, and other working conditions. You do not lose any job benefits you earned before your leave began. You do not earn new benefits while on leave unless another law says you do. You also are not entitled to any job rights or positions you would not have had if you had not taken the leave. For leave under 6382(a)(1)(D), your agency may require a uniformly applied policy that asks for a health-care provider’s certificate saying you can resume work. Your agency may also require you to report periodically about your status and plans to return.

Title 5, §6384

Government Organization and Employees — Source: USLM XML via OLRC

(a)Any employee who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return from such leave—

(1)to be restored by the employing agency to the position held by the employee when the leave commenced; or

(2)to be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.

(b)The taking of leave under section 6382 shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

(c)Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored employee to—

(1)the accrual of any employment benefits during any period of leave; or

(2)any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

(d)As a condition to restoration under subsection (a) for an employee who takes leave under section 6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work.

(e)Nothing in this section shall be construed to prohibit an employing agency from requiring an employee on leave under section 6382 to report periodically to the employing agency on the status and intention of the employee to return to work.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of Pub. L. 103–3, set out as a note under section 2601 of Title 29, Labor.

§6384 Employment and benefits protection

Summary

Title 5, §6384

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata