§412 Rights and Protections Under the Family and Medical Leave Act of 1993

Summary

Gives covered employees the same family and medical leave rights and protections that appear in sections 101–105 of the Family and Medical Leave Act of 1993. For those rules, “employer” means an employing office, and an “eligible employee” means a covered employee who has worked in any employing office for 12 months and at least 1,250 hours in the past 12 months. The 12-month and 1,250-hour rule does not apply for certain kinds of leave listed in subparagraphs (A) or (B) of section 102(a)(1). If someone’s rights are violated, the remedy is the same as the one in FMLA section 107(a)(1), including possible liquidated damages. A covered employee may choose to use any paid leave they have instead of unpaid leave for the leave types in section 102(a)(1)(A) and (B). The paid leave used must be the same kind and amount permitted under 5 U.S.C. 6382(d)(2)(B) and must follow the rules in 5 U.S.C. 6382(d)(2), except that “employing agency” is read as “employing office” and subparagraph (E) of that rule does not apply. The President or a designee must issue rules to carry out these provisions. Those rules will generally match the Labor Department’s regulations unless the President shows a good reason and explains it, and the President may use certain Title 5 executive-branch rules instead when they are equally effective and promote uniformity. Subsections (a) and (b) take effect on the earlier of the effective date of the regulations under subsection (c) (as in effect when the Presidential and Executive Office Accountability Act was enacted) or October 1, 1998.