Title 5Government Organization and EmployeesRelease 119-73

§6385 Prohibition of coercion

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart E— - Attendance and Leave › Chapter CHAPTER 63— - LEAVE › Subchapter SUBCHAPTER V— - FAMILY AND MEDICAL LEAVE › § 6385

Last updated Apr 6, 2026|Official source

Summary

Employees must not directly or indirectly scare, threaten, or force another employee to stop them from using their rights under this subchapter. "Intimidate, threaten, or coerce" means offering or giving benefits (for example, appointment, promotion, or pay) or threatening or taking punishments (for example, denying appointment, promotion, or pay); "employee" means the term defined in section 2105.

Full Legal Text

Title 5, §6385

Government Organization and Employees — Source: USLM XML via OLRC

(a)An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights which such other employee may have under this subchapter.
(b)For the purpose of this section—
(1)the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation); and
(2)the term “employee” means any “employee”, as defined by section 2105.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 6385

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73