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

Summary

Makes FMLA leave rules in sections 101–105 apply to covered employees who work in an employing office. Employer: any employing office. Eligible employee: a covered employee who has worked in any employing office for 12 months and at least 1,250 hours in the last 12 months. The 12-month and 1,250-hour rules do not apply for leave under subparagraph (A) or (B) of section 102(a)(1). If an employer breaks these rules, the worker can get the same remedies (including liquidated damages) that section 107(a)(1) of the FMLA allows. A covered employee may choose to use available paid leave instead of unpaid leave for the leave in subparagraph (A) or (B) of section 102(a)(1). The paid leave must be the type and amount allowed under 5 U.S.C. 6382(d)(2)(B) and must follow the rules in 5 U.S.C. 6382(d)(2), except references to an “employing agency” mean “employing office” and subparagraph (E) of that rule does not apply. The President or a designee must issue regulations to put these rules in effect, generally matching the Labor Secretary’s rules unless a change is justified. Subsections (a) and (b) take effect on the earlier of the effective date of those regulations or October 1, 1998.