§ 2614. — Employment and benefits protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2614]
TITLE 29--LABOR
CHAPTER 28--FAMILY AND MEDICAL LEAVE
SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
Sec. 2614. Employment and benefits protection
(a) Restoration to position
(1) In general
Except as provided in subsection (b) of this section, any
eligible employee who takes leave under section 2612 of this title
for the intended purpose of the leave shall be entitled, on return
from such leave--
(A) to be restored by the employer to the position of
employment held by the employee when the leave commenced; or
(B) to be restored to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of
employment.
(2) Loss of benefits
The taking of leave under section 2612 of this title shall not
result in the loss of any employment benefit accrued prior to the
date on which the leave commenced.
(3) Limitations
Nothing in this section shall be construed to entitle any
restored employee to--
(A) the accrual of any seniority or employment benefits
during any period of leave; or
(B) 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.
(4) Certification
As a condition of restoration under paragraph (1) for an
employee who has taken leave under section 2612(a)(1)(D) of this
title, the employer 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, except that nothing in this paragraph shall supersede a
valid State or local law or a collective bargaining agreement that
governs the return to work of such employees.
(5) Construction
Nothing in this subsection shall be construed to prohibit an
employer from requiring an employee on leave under section 2612 of
this title to report periodically to the employer on the status and
intention of the employee to return to work.
(b) Exemption concerning certain highly compensated employees
(1) Denial of restoration
An employer may deny restoration under subsection (a) of this
section to any eligible employee described in paragraph (2) if--
(A) such denial is necessary to prevent substantial and
grievous economic injury to the operations of the employer;
(B) the employer notifies the employee of the intent of the
employer to deny restoration on such basis at the time the
employer determines that such injury would occur; and
(C) in any case in which the leave has commenced, the
employee elects not to return to employment after receiving such
notice.
(2) Affected employees
An eligible employee described in paragraph (1) is a salaried
eligible employee who is among the highest paid 10 percent of the
employees employed by the employer within 75 miles of the facility
at which the employee is employed.
(c) Maintenance of health benefits
(1) Coverage
Except as provided in paragraph (2), during any period that an
eligible employee takes leave under section 2612 of this title, the
employer shall maintain coverage under any ``group health plan'' (as
defined in section 5000(b)(1) of title 26) for the duration of such
leave at the level and under the conditions coverage would have been
provided if the employee had continued in employment continuously
for the duration of such leave.
(2) Failure to return from leave
The employer may recover the premium that the employer paid for
maintaining coverage for the employee under such group health plan
during any period of unpaid leave under section 2612 of this title
if--
(A) the employee fails to return from leave under section
2612 of this title after the period of leave to which the
employee is entitled has expired; and
(B) the employee fails to return to work for a reason other
than--
(i) the continuation, recurrence, or onset of a serious
health condition that entitles the employee to leave under
subparagraph (C) or (D) of section 2612(a)(1) of this title;
or
(ii) other circumstances beyond the control of the
employee.
(3) Certification
(A) Issuance
An employer may require that a claim that an employee is
unable to return to work because of the continuation,
recurrence, or onset of the serious health condition described
in paragraph (2)(B)(i) be supported by--
(i) a certification issued by the health care provider
of the son, daughter, spouse, or parent of the employee, as
appropriate, in the case of an employee unable to return to
work because of a condition specified in section
2612(a)(1)(C) of this title; or
(ii) a certification issued by the health care provider
of the eligible employee, in the case of an employee unable
to return to work because of a condition specified in
section 2612(a)(1)(D) of this title.
(B) Copy
The employee shall provide, in a timely manner, a copy of
such certification to the employer.
(C) Sufficiency of certification
(i) Leave due to serious health condition of
employee
The certification described in subparagraph (A)(ii)
shall be sufficient if the certification states that a
serious health condition prevented the employee from being
able to perform the functions of the position of the
employee on the date that the leave of the employee expired.
(ii) Leave due to serious health condition of family
member
The certification described in subparagraph (A)(i) shall
be sufficient if the certification states that the employee
is needed to care for the son, daughter, spouse, or parent
who has a serious health condition on the date that the
leave of the employee expired.
(Pub. L. 103-3, title I, Sec. 104, Feb. 5, 1993, 107 Stat. 12.)
Section Referred to in Other Sections
This section is referred to in sections 2618, 2632 of this title;
title 2 section 1312; title 3 section 412.
