Title 29LaborRelease 119-73not60

§2616 Investigative Authority

Title 29 › Chapter 28— FAMILY AND MEDICAL LEAVE › Subchapter I— GENERAL REQUIREMENTS FOR LEAVE › § 2616

Last updated Apr 5, 2026|Official source

Summary

The Secretary may investigate employers to check they follow this part of the law and its rules. Employers must keep records about compliance as the law and the Secretary’s rules require. The Secretary cannot ask for the same books or records more than once in any 12-month period unless there is reasonable cause or a complaint is being investigated under section 2617(b). The Secretary can issue subpoenas under section 209.

Full Legal Text

Title 29, §2616

Labor — Source: USLM XML via OLRC

(a)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)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)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)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 29Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60