5 U.S.C. § 6384: Employment and benefits…

Summary

If an employee takes leave under section 6382 for the reason the leave was meant, when they come back the agency must put them back in their old job or in an equal job with the same pay, benefits, status, and work conditions. The employee does not lose any job benefits they already earned before the leave started. The agency does not have to give benefits that would have been earned during the leave or any extra rights beyond what the employee would have had if they had not taken leave. For leave under section 6382(a)(1)(D), the agency may require a consistent rule that the employee bring a health-care provider’s note saying they can resume work. The agency may also require the employee to report regularly about their status and plans to return to work.

Title 5, §6384

Government Organization and Employees, Source: USLM XML via OLRC

(a)Any employee who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return from such leave—

(1)to be restored by the employing agency to the position held by the employee when the leave commenced; or

(2)to be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.

(b)The taking of leave under section 6382 shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

(c)Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored employee to—

(1)the accrual of any employment benefits during any period of leave; or

(2)any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

(d)As a condition to restoration under subsection (a) for an employee who takes leave under section 6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work.

(e)Nothing in this section shall be construed to prohibit an employing agency from requiring an employee on leave under section 6382 to report periodically to the employing agency on the status and intention of the employee to return to work.

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.

§6384 Employment and Benefits Protection

Summary

Title 5, §6384

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata