29 U.S.C. § 2620
The following shall apply with respect to leave under section 2612(a)(1)(F) of this title:
The definitions in section 2611 of this title shall apply, except as follows:
In lieu of the definition in sections 2611(2)(A) and 2611(2)(B)(ii) of this title, the term "eligible employee" means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under section 2612(a)(1)(F) of this title.
For purposes of clause (i), the term "employed for at least 30 calendar days", used with respect to an employee and an employer described in clause (i), includes an employee who was laid off by that employer not earlier than March 1, 2020, had worked for the employer for not less than 30 of the last 60 calendar days prior to the employee's layoff, and was rehired by the employer.
For purposes of applying section 2612(a)(1)(F) of this title and this section under the Congressional Accountability Act of 1995 [2 U.S.C. 1301 et seq.], in lieu of the definition in section 202(a)(2)(B) of that Act (2 U.S.C. 1312(a)(2)(B)), the term "eligible employee" means a covered employee (as defined in section 101 of that Act (2 U.S.C. 1301) ) who has been employed for at least 30 calendar days by the employing office (as so defined) with respect to whom leave is requested under section 2612(a)(1)(F) of this title.
Section 2611(4)(A)(i) of this title shall be applied by substituting "fewer than 500 employees" for "50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year".
In addition to the definitions described in paragraph (1), the following definitions shall apply with respect to leave under section 2612(a)(1)(F) of this title:
The term "qualifying need related to a public health emergency", with respect to leave, means the employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
The term "public health emergency" means an emergency with respect to COVID-19 declared by a Federal, State, or local authority.
The term "child care provider" means a provider who receives compensation for providing child care services on a regular basis, including an "eligible child care provider" (as defined in section 9858n of title 42).
The term "school" means an "elementary school" or "secondary school" as such terms are defined in section 7801 of title 20.
The Secretary of Labor shall have the authority to issue regulations for good cause under sections 553(b)(B) and 553(d)(3) of title 5-
The first 10 days for which an employee takes leave under section 2612(a)(1)(F) of this title may consist of unpaid leave.
An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave under section 2612(a)(1)(F) of this title in accordance with section 2612(d)(2)(B) of this title.
An employer shall provide paid leave for each day of leave under section 2612(a)(1)(F) of this title that an employee takes after taking leave under such section for 10 days.
Subject to clause (ii), paid leave under subparagraph (A) for an employee shall be calculated based on-
An employer shall not be required to pay more than $200 per day and $10,000 in the aggregate for each employee for paid leave under this section.
In the case of an employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the employee would have worked if such employee had not taken leave under section 2612(a)(1)(F) of this title, the employer shall use the following in place of such number:
In any case where the necessity for leave under section 2612(a)(1)(F) of this title for the purpose described in subsection (a)(2)(A) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable.
Section 2614(a)(1) of this title shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph (2) are met.
The conditions described in this paragraph are the following:
The period described under this paragraph is the 1-year period beginning on the earlier of-
1 So in original. Two cls. (ii) have been enacted.
29 U.S.C. § 2620
EDITORIAL NOTES
REFERENCES IN TEXTThe Congressional Accountability Act of 1995, referred to in subsec. (a)(1)(A)(ii), is Pub. L. 104-1, 109 Stat. 3, which is classified principally to chapter 24 (§1301 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note under section 1301 of Title 2 and Tables.This Act, referred to in subsec. (a)(3)(C), is Pub. L. 103-3, 107 Stat. 6, known as the Family and Medical Leave Act of 1993, which enacted this chapter, sections 60m and 60n of Title 2, The Congress, and sections 6381 to 6387 of Title 5, Government Organization and Employees, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables.The Families First Coronavirus Response Act, referred to in subsec. (a)(3)(C), is Pub. L. 116-127, 134 Stat. 178. Division E (§§5101-5112) of the Act, known as the Emergency Paid Sick Leave Act, is set out as a note under section 2601 of this title. Division G (§§7001-7005) of the Act is set out as notes under sections 1401 and 3111 of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see Short Title of 2020 Amendment note set out under section 2601 of this title and Tables.
AMENDMENTS2020-Subsec. (a)(1)(A). Pub. L. 116-136, §19008(1), which directed amendment of subpar. (A) by inserting cl. (i) designation and heading before "In lieu of", was not executed due to intervening amendment by Pub. L. 116-136, §3605, see below. Pub. L. 116-136, §3605, amended subpar. (A) generally. Prior to amendment, text read as follows: "In lieu of the definition in sections 2611(2)(A) and 2611(2)(B)(ii) of this title, the term 'eligible employee' means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under section 2612(a)(1)(F) of this title."Subsec. (a)(1)(A)(ii). Pub. L. 116-136, §19008(2), added cl. (ii) related to special rule regarding eligible employees.Subsec. (a)(3). Pub. L. 116-136, §3611(1), substituted "553(d)(3)" for "553(d)(A)" in introductory provisions.Subsec. (a)(3)(C). Pub. L. 116-136, §3611(7), added subpar. (C).Subsec. (a)(4). Pub. L. 116-136, §3604(a), added par. (4).Subsec. (b)(2)(B)(ii). Pub. L. 116-136, §3601, added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: "In no event shall such paid leave exceed $200 per day and $10,000 in the aggregate." Subsec. (c). Pub. L. 116-136, §3611(3), substituted "subsection (a)(2)(A)" for "subsection (a)(2)(A)(iii)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Pub. L. 116-127, div. C, §31063106,, 134 Stat. 192, provided that: "This Act [div. C of Pub. L. 116-127 enacting this section, amending section 2612 of this title, and enacting provisions set out as notes under this section] shall take effect not later than 15 days after the date of enactment of this Act [Mar. 18, 2020]."
EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS Pub. L. 116-127, div. C, §31033103,, 134 Stat. 192, provided that:"(a) EMPLOYERS.-An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under section 110(b)(2) of title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2620(b)(2)], as added by the Families First Coronavirus Response Act [Pub. L. 116-127], by making contributions to a multiemployer fund, plan, or program based on the paid leave each of its employees is entitled to under such section while working under the multiemployer collective bargaining agreement, provided that the fund, plan, or program enables employees to secure pay from such fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement for paid leave taken under section 102(a)(1)(F) of title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2612(a)(1)(F)], as added by the Families First Coronavirus Response Act."(b) EMPLOYEES.-Employees who work under a multiemployer collective bargaining agreement into which their employers make contributions as provided in subsection (a) may secure pay from such fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement for paid leave taken under section 102(a)(1)(F) of title I of the Family and Medical Leave Act of 1993, as added by the Families First Coronavirus Response Act."
SPECIAL RULE FOR CERTAIN EMPLOYERS Pub. L. 116-127, div. C, §31043104,, 134 Stat. 192, as amended by Pub. L. 116-136, div. A, title III, §3611(4), Mar. 27, 2020, 134 Stat. 414, provided that: "An employer under section 110(a)(1)(B) of the Family and Medical Leave Act of 1993 [29 U.S.C. 2620(a)(1)(B)] shall not be subject to section 107(a) of such Act [29 U.S.C. 2617(a)] for a violation of section 102(a)(1)(F) of such Act [29 U.S.C. 2612(a)(1)(F)] if the employer does not meet the definition of employer set forth in section 101(4)(A)(i) of such Act [29 U.S.C. 2611(4)(A)(i)] ."
SPECIAL RULE FOR HEALTH CARE PROVIDERS AND EMERGENCY RESPONDERS Pub. L. 116-127, div. C, §31053105,, 134 Stat. 192, provided that: "An employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of the provisions in the amendments made under of [sic] section 3102 of this Act [div. C of Pub. L. 116-127 enacting this section and amending section 2612 of this title]."