2 U.S.C. § 1312
Rights and protections under Family and Medical Leave Act of 1993
United States · Title 2 — THE CONGRESS · Status: effective
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- 2 U.S.C. § 1312, Rights and protections under Family and Medical Leave Act of 1993, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/423125
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Full text
The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered employees. In applying section 102 of such Act [29 U.S.C. 2612] with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act [29 U.S.C. 2612(a)(1), (4)] shall be subject to subsection (d) of this section.
For purposes of the application described in paragraph (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 (29 U.S.C. 2617(a)(1)).
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—
Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be considered to require or permit an employing office to require that an employee first use all or any portion of the leave described in paragraph (2)(B) before being allowed to use the paid parental leave described in paragraph (2)(A).
Paid parental leave under paragraph (2)(A)—
The Board shall, pursuant to section 1384 of this title, issue regulations to implement the rights and protections under this section.
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board 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.
Subsections (a) and (b) shall be effective 1 year after January 23, 1995.
Subsection (c) shall be effective 1 year after transmission to the Congress of the study under section 1371 of this title.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Congressional Accountability Act of 1995
- GAO Human Capital Reform Act of 2004House: 382–43Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2020
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021