Federal · Title 3 — The President
3 U.S.C. § 412: Rights and protections under the Family and Medical Leave Act of 1993
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The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 shall apply to covered employees. the term “employer” as used in the Family and Medical Leave Act of 1993 means any employing office; and the term “eligible employee” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months. Notwithstanding section 401(b)(2), the requirements of paragraph (2)(B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ). The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993. A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) any paid leave which is available to such employee for that purpose. The paid leave that is available to a covered employee for purposes of paragraph (1) is leave of the type and in the amount available to an employee under section 6382(d)(2)(B) of title 5 , United States Code, for substitution for leave without pay under subparagraph (A) or (B) of section 6382(a)(1) of such title. Paid leave shall be substituted under this subsection in a manner that is consistent with the requirements in section 6382(d)(2) of title 5 , United States Code, except that a reference in that section to an employing agency shall be considered to be a reference to an employing office, and subparagraph (E) of that section shall not apply. The President, or the designee of the President, shall issue regulations to implement this section. except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; would be equally effective for the implementation of the rights and protections under this section; and would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government; and except that the President or designee shall issue regulations to implement subsection (c) in accordance with the requirements of that subsection. the effective date of regulations issued under subsection (c) (as in effect on the date of enactment of the Presidential and Executive Office Accountability Act); or October 1, 1998 .
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