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Title 29, LaborRelease 119-110

§2616 Investigative Authority

Title 29 › CHAPTER 28 — FAMILY AND MEDICAL LEAVE › SUBCHAPTER I — GENERAL REQUIREMENTS FOR LEAVE › § 2616

Last updated Sep 22, 2026|Official source

Summary

The Secretary can use the investigation powers in section 211(a) to check if people follow this subchapter and any rules or orders under it. Employers must make and keep records about following this subchapter as required by section 211(c) and by rules the Secretary issues. The Secretary normally may ask for those books or records only once during any 12-month period. The Secretary can ask more often if there is reasonable cause to suspect a violation or is investigating a charge under section 2617(b). For investigations, the Secretary can issue subpoenas under section 209.

Full Legal Text

Title 29, §2616

Labor, Source: USLM XML via OLRC

(a)In general
To ensure compliance with the provisions of this subchapter, or any regulation or order issued under this subchapter, the Secretary shall have, subject to subsection (c), the investigative authority provided under section 211(a) of this title.
(b)Obligation to keep and preserve records
Any employer shall make, keep, and preserve records pertaining to compliance with this subchapter in accordance with section 211(c) of this title and in accordance with regulations issued by the Secretary.
(c)Required submissions generally limited to annual basis
The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this subchapter or any regulation or order issued pursuant to this subchapter, or is investigating a charge pursuant to section 2617(b) of this title.
(d)Subpoena powers
For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 209 of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that

Effective Date

, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 2616

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110