---
kind: "section"
citation: "29 U.S.C. § 2612"
title: "29"
title_heading: "Labor"
number: "2612"
heading: "Leave requirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/2612"
units:
  - "Chapter 28 — Family and Medical Leave"
  - "Subchapter I — General Requirements for Leave"
---

# §2612. Leave requirement

- (a) **In general—**
  - (1) **Entitlement to leave—** Subject to [section 2613 of this title](/usc/29/2613.md) and [subsection (d)(3)](#d-3), an [eligible employee](/usc/29/2611.md?p=2-A) shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:
    - (A) Because of the birth of a [son or daughter](/usc/29/2611.md?p=12) of the [employee](/usc/29/2611.md?p=3) and in order to care for such [son or daughter](/usc/29/2611.md?p=12).
    - (B) Because of the placement of a [son or daughter](/usc/29/2611.md?p=12) with the [employee](/usc/29/2611.md?p=3) for adoption or foster care.
    - (C) In order to care for the [spouse](/usc/29/2611.md?p=13), or a son, daughter, or [parent](/usc/29/2611.md?p=7), of the [employee](/usc/29/2611.md?p=3), if such [spouse](/usc/29/2611.md?p=13), son, daughter, or [parent](/usc/29/2611.md?p=7) has a [serious health condition](/usc/29/2611.md?p=11).
    - (D) Because of a [serious health condition](/usc/29/2611.md?p=11) that makes the [employee](/usc/29/2611.md?p=3) unable to perform the functions of the position of such [employee](/usc/29/2611.md?p=3).
    - (E) Because of any qualifying exigency (as the [Secretary](/usc/29/2611.md?p=10) shall, by regulation, determine) arising out of the fact that the [spouse](/usc/29/2611.md?p=13), or a son, daughter, or [parent](/usc/29/2611.md?p=7) of the [employee](/usc/29/2611.md?p=3) is on [covered active duty](/usc/29/2611.md?p=14) (or has been notified of an impending call or order to [covered active duty](/usc/29/2611.md?p=14)) in the Armed Forces.
    - (F) During the period beginning on the date the Emergency Family and Medical Leave Expansion Act takes effect, and ending on December 31, 2020, because of a qualifying need related to a public health emergency in accordance with [section 2620 of this title](/usc/29/2620.md).
  - (2) **Expiration of entitlement—** The entitlement to leave under subparagraphs [(A)](#a-1-A) and [(B)](#a-1-B) of paragraph (1) for a birth or placement of a [son or daughter](/usc/29/2611.md?p=12) shall expire at the end of the 12-month period beginning on the date of such birth or placement.
  - (3) **Servicemember family leave—** Subject to [section 2613 of this title](/usc/29/2613.md), an [eligible employee](/usc/29/2611.md?p=2-A) who is the [spouse](/usc/29/2611.md?p=13), son, daughter, [parent](/usc/29/2611.md?p=7), or [next of kin](/usc/29/2611.md?p=17) of a [covered servicemember](/usc/29/2611.md?p=15) shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.
  - (4) **Combined leave total—** Subject to [subsection (d)(3)](#d-3), during the single 12-month period described in [paragraph (3)](#a-3), an [eligible employee](/usc/29/2611.md?p=2-A) shall be entitled to a combined total of 26 workweeks of leave under paragraphs [(1)](#a-1) and [(3)](#a-3). Nothing in this paragraph shall be construed to limit the availability of leave under [paragraph (1)](#a-1) during any other 12-month period.
  - (5) **Calculation of leave for airline flight crews—** The [Secretary](/usc/29/2611.md?p=10) may provide, by regulation, a method for calculating the leave described in [paragraph (1)](#a-1) with respect to [employees](/usc/29/2611.md?p=3) described in [section 2611(2)(D) of this title](/usc/29/2611.md?p=2-D).
- (b) **Leave taken intermittently or on reduced leave schedule—**
  - (1) **In general—** Leave under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of subsection (a)(1) shall not be taken by an [employee](/usc/29/2611.md?p=3) intermittently or on a [reduced leave schedule](/usc/29/2611.md?p=9) unless the [employee](/usc/29/2611.md?p=3) and the [employer](/usc/29/2611.md?p=4-A) of the [employee](/usc/29/2611.md?p=3) agree otherwise. Subject to [paragraph (2)](#b-2), [subsection (e)(2)](#e-2), and subsection (b)(5) or [(f)](#f) (as appropriate) of [section 2613 of this title](/usc/29/2613.md), leave under subparagraph [(C)](#a-1-C) or [(D)](#a-1-D) of subsection (a)(1) or under [subsection (a)(3)](#a-3) may be taken intermittently or on a [reduced leave schedule](/usc/29/2611.md?p=9) when medically necessary. Subject to [subsection (e)(3)](#e-3) and [section 2613(f) of this title](/usc/29/2613.md?p=f), leave under [subsection (a)(1)(E)](#a-1-E) may be taken intermittently or on a [reduced leave schedule](/usc/29/2611.md?p=9). The taking of leave intermittently or on a [reduced leave schedule](/usc/29/2611.md?p=9) pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the [employee](/usc/29/2611.md?p=3) is entitled under [subsection (a)](#a) beyond the amount of leave actually taken.
  - (2) **Alternative position—** If an [employee](/usc/29/2611.md?p=3) requests intermittent leave, or leave on a [reduced leave schedule](/usc/29/2611.md?p=9), under subparagraph [(C)](#a-1-C) or [(D)](#a-1-D) of subsection (a)(1) or under [subsection (a)(3)](#a-3), that is foreseeable based on planned medical treatment, the [employer](/usc/29/2611.md?p=4-A) may require such [employee](/usc/29/2611.md?p=3) to transfer temporarily to an available alternative position offered by the [employer](/usc/29/2611.md?p=4-A) for which the [employee](/usc/29/2611.md?p=3) is qualified and that—
    - (A) has equivalent pay and benefits; and
    - (B) better accommodates recurring periods of leave than the regular employment position of the [employee](/usc/29/2611.md?p=3).
- (c) **Unpaid leave permitted—** Except as provided in [subsection (d)](#d), leave granted under [subsection (a)](#a) (other than certain periods of leave under [subsection (a)(1)(F)](#a-1-F)) may consist of unpaid leave. Where an [employee](/usc/29/2611.md?p=3) is otherwise exempt under regulations issued by the [Secretary](/usc/29/2611.md?p=10) pursuant to [section 213(a)(1) of this title](/usc/29/213.md?p=a-1), the compliance of an [employer](/usc/29/2611.md?p=4-A) with this subchapter by providing unpaid leave shall not affect the exempt status of the [employee](/usc/29/2611.md?p=3) under such section.
- (d) **Relationship to paid leave—**
  - (1) **Unpaid leave—** If an [employer](/usc/29/2611.md?p=4-A) provides paid leave for fewer than 12 workweeks (or 26 workweeks in the case of leave provided under [subsection (a)(3)](#a-3)), the additional weeks of leave necessary to attain the 12 workweeks (or 26 workweeks, as appropriate) of leave required under this subchapter may be provided without compensation.
  - (2) **Substitution of paid leave—**
    - (A) **In general—** An [eligible employee](/usc/29/2611.md?p=2-A) may elect, or an [employer](/usc/29/2611.md?p=4-A) may require the [employee](/usc/29/2611.md?p=3), to substitute any of the accrued paid vacation leave, personal leave, or family leave of the [employee](/usc/29/2611.md?p=3) for leave provided under subparagraph [(A)](#a-1-A), [(B)](#a-1-B), [(C)](#a-1-C), or [(E)](#a-1-E) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection.
    - (B) **Serious health condition—** An [eligible employee](/usc/29/2611.md?p=2-A) may elect, or an [employer](/usc/29/2611.md?p=4-A) may require the [employee](/usc/29/2611.md?p=3), to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the [employee](/usc/29/2611.md?p=3) for leave provided under subparagraph [(C)](#a-1-C) or [(D)](#a-1-D) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection, except that nothing in this subchapter shall require an [employer](/usc/29/2611.md?p=4-A) to provide paid sick leave or paid medical leave in any situation in which such [employer](/usc/29/2611.md?p=4-A) would not normally provide any such paid leave. An [eligible employee](/usc/29/2611.md?p=2-A) may elect, or an [employer](/usc/29/2611.md?p=4-A) may require the [employee](/usc/29/2611.md?p=3), to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the [employee](/usc/29/2611.md?p=3) for leave provided under [subsection (a)(3)](#a-3) for any part of the 26-week period of such leave under such subsection, except that nothing in this subchapter requires an [employer](/usc/29/2611.md?p=4-A) to provide paid sick leave or paid medical leave in any situation in which the [employer](/usc/29/2611.md?p=4-A) would not normally provide any such paid leave.
  - (3) **Special rule for GAO employees—**
    - (A) **Substitution of paid leave—** An [employee](/usc/29/2611.md?p=3) of the Government Accountability Office may elect to substitute for any leave without pay under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of subsection (a)(1) any paid leave which is available to such [employee](/usc/29/2611.md?p=3) for that purpose.
    - (B) **Amount of paid leave—** The paid leave that is available to an [employee](/usc/29/2611.md?p=3) of the Government Accountability Office for purposes of [subparagraph (A)](#d-3-A) is—
      - (i) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to [employees](/usc/29/2611.md?p=3) under [section 6382(d)(2)(B)(i) of title 5](/usc/5/6382.md?p=d-2-B-i); and
      - (ii) during the 12-month period referred to in [subsection (a)(1)](#a-1) and in addition to the administrative workweeks described in [clause (i)](#d-3-B-i), any additional paid vacation, personal, family, medical, or sick leave provided by such [employer](/usc/29/2611.md?p=4-A).
    - (C) **Limitation—** Nothing in this section shall be considered to require or permit an [employer](/usc/29/2611.md?p=4-A) to require that an [employee](/usc/29/2611.md?p=3) first use all or any portion of the leave described in [subparagraph (B)(ii)](#d-3-B-ii) before being allowed to use the paid parental leave described in [clause (i)](#d-3-B-i) of subparagraph (B).
    - (D) **Additional rules—** Paid parental leave under [subparagraph (B)(i)](#d-3-B-i)—
      - (i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the Government Accountability Office;
      - (ii) if not used by the [employee](/usc/29/2611.md?p=3) of such [employer](/usc/29/2611.md?p=4-A) before the end of the 12-month period (as referred to in [subsection (a)(1)](#a-1)) to which it relates, shall not accumulate for any subsequent use; and
      - (iii) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of [section 6382(d)(2) of title 5](/usc/5/6382.md?p=d-2) or [section 2614(c)(2) of this title](/usc/29/2614.md?p=c-2).
  - (4) **Special rule for Library of Congress employees—** Consistent with [section 1301(a)(3)(J) of title 2](/usc/2/1301.md?p=a-3-J), the rights and protections established by sections [2611](/usc/29/2611.md) through [2615](/usc/29/2615.md) of this title, including [section 2612(d)(3)](#d-3), shall apply to [employees](/usc/29/2611.md?p=3) of the Library of Congress under [section 1312 of title 2](/usc/2/1312.md).
- (e) **Foreseeable leave—**
  - (1) **Requirement of notice—** In any case in which the necessity for leave under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of subsection (a)(1) is foreseeable based on an expected birth or placement, the [employee](/usc/29/2611.md?p=3) shall provide the [employer](/usc/29/2611.md?p=4-A) with not less than 30 days’ notice, before the date the leave is to begin, of the [employee](/usc/29/2611.md?p=3)’s intention to take leave under such subparagraph, except that if the date of the birth or placement requires leave to begin in less than 30 days, the [employee](/usc/29/2611.md?p=3) shall provide such notice as is practicable.
  - (2) **Duties of employee—** In any case in which the necessity for leave under subparagraph [(C)](#a-1-C) or [(D)](#a-1-D) of subsection (a)(1) or under [subsection (a)(3)](#a-3) is foreseeable based on planned medical treatment, the [employee](/usc/29/2611.md?p=3)—
    - (A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the [employer](/usc/29/2611.md?p=4-A), subject to the approval of the [health care provider](/usc/29/2611.md?p=6) of the [employee](/usc/29/2611.md?p=3) or the [health care provider](/usc/29/2611.md?p=6) of the son, daughter, [spouse](/usc/29/2611.md?p=13), [parent](/usc/29/2611.md?p=7), or [covered servicemember](/usc/29/2611.md?p=15) of the [employee](/usc/29/2611.md?p=3), as appropriate; and
    - (B) shall provide the [employer](/usc/29/2611.md?p=4-A) with not less than 30 days’ notice, before the date the leave is to begin, of the [employee](/usc/29/2611.md?p=3)’s intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the [employee](/usc/29/2611.md?p=3) shall provide such notice as is practicable.
  - (3) **Notice for leave due to covered active duty of family member—** In any case in which the necessity for leave under [subsection (a)(1)(E)](#a-1-E) is foreseeable, whether because the [spouse](/usc/29/2611.md?p=13), or a son, daughter, or [parent](/usc/29/2611.md?p=7), of the [employee](/usc/29/2611.md?p=3) is on [covered active duty](/usc/29/2611.md?p=14), or because of notification of an impending call or order to [covered active duty](/usc/29/2611.md?p=14), the [employee](/usc/29/2611.md?p=3) shall provide such notice to the [employer](/usc/29/2611.md?p=4-A) as is reasonable and practicable.
- (f) **Spouses employed by same employer—**
  - (1) **In general—** In any case in which a husband and wife entitled to leave under [subsection (a)](#a) are employed by the same [employer](/usc/29/2611.md?p=4-A), the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period, if such leave is taken—
    - (A) under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of subsection (a)(1); or
    - (B) to care for a sick [parent](/usc/29/2611.md?p=7) under subparagraph (C) of such subsection.
  - (2) **Servicemember family leave—**
    - (A) **In general—** The aggregate number of workweeks of leave to which both that husband and wife may be entitled under [subsection (a)](#a) may be limited to 26 workweeks during the single 12-month period described in [subsection (a)(3)](#a-3) if the leave is—
      - (i) leave under [subsection (a)(3)](#a-3); or
      - (ii) a combination of leave under [subsection (a)(3)](#a-3) and leave described in [paragraph (1)](#f-1).
    - (B) **Both limitations applicable—** If the leave taken by the husband and wife includes leave described in [paragraph (1)](#f-1), the limitation in [paragraph (1)](#f-1) shall apply to the leave described in [paragraph (1)](#f-1).

## Source credit

(Pub. L. 103–3, title I, § 102, Feb. 5, 1993, 107 Stat. 9; Pub. L. 110–181, div. A, title V, § 585(a)(2), (3)(A)–(D), Jan. 28, 2008, 122 Stat. 129, 130; Pub. L. 111–84, div. A, title V, § 565(a)(1)(B), (4), Oct. 28, 2009, 123 Stat. 2309, 2311; Pub. L. 111–119, § 2(b), Dec. 21, 2009, 123 Stat. 3477; Pub. L. 116–92, div. F, title LXXVI, § 7604(a), Dec. 20, 2019, 133 Stat. 2307; Pub. L. 116–127, div. C, § 3102(a), Mar. 18, 2020, 134 Stat. 189.)

## Notes

### Editorial Notes

### References in Text

The date the Emergency Family and Medical Leave Expansion Act takes effect, referred to in subsec. (a)(1)(F), is the effective date of div. C of Pub. L. 116–127, which is set out as an Effective Date note under section 2620 of this title.

### Constitutionality

For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

### Amendments

2020—Subsec. (a)(1)(F). Pub. L. 116–127, § 3102(a)(1), added subpar. (F).

Subsec. (c). Pub. L. 116–127, § 3102(a)(2), substituted “under subsection (a) (other than certain periods of leave under subsection (a)(1)(F))” for “under subsection (a)”.

2019—Subsec. (a)(1). Pub. L. 116–92, § 7604(a)(1)(A), inserted “and subsection (d)(3)” after “section 2613 of this title” in introductory provisions.

Subsec. (a)(4). Pub. L. 116–92, § 7604(a)(1)(B), substituted “Subject to subsection (d)(3), during” for “During”.

Subsec. (d)(3), (4). Pub. L. 116–92, § 7604(a)(2), added pars. (3) and (4).

2009—Subsec. (a)(1)(E). Pub. L. 111–84, § 565(a)(1)(B)(i), substituted “covered active duty” for “active duty” in two places and struck out “in support of a contingency operation” before period.

Subsec. (a)(5). Pub. L. 111–119 added par. (5).

Subsec. (e)(2)(A). Pub. L. 111–84, § 565(a)(4), substituted “parent, or covered servicemember” for “or parent”.

Subsec. (e)(3). Pub. L. 111–84, § 565(a)(1)(B)(ii), substituted “covered active duty” for “active duty” in heading and in two places in text and struck out “in support of a contingency operation” before “, the employee shall provide”.

2008—Subsec. (a)(1)(E). Pub. L. 110–181, § 585(a)(2)(A), added subpar. (E).

Subsec. (a)(3), (4). Pub. L. 110–181, § 585(a)(2)(B), added pars. (3) and (4).

Subsec. (b)(1). Pub. L. 110–181, § 585(a)(3)(A)(i), (ii), in second sentence, substituted “subsection (b)(5) or (f) (as appropriate) of section 2613” for “section 2613(b)(5)” and inserted “or under subsection (a)(3)” after “subsection (a)(1)” and, after second sentence, inserted “Subject to subsection (e)(3) and section 2613(f) of this title, leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”

Subsec. (b)(2). Pub. L. 110–181, § 585(a)(3)(A)(iii), inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

Subsec. (d)(1). Pub. L. 110–181, § 585(a)(3)(B)(i), inserted “(or 26 workweeks in the case of leave provided under subsection (a)(3))” after “fewer than 12 workweeks” and “(or 26 workweeks, as appropriate)” after “attain the 12 workweeks”.

Subsec. (d)(2)(A). Pub. L. 110–181, § 585(a)(3)(B)(ii), substituted “(C), or (E)” for “or (C)”.

Subsec. (d)(2)(B). Pub. L. 110–181, § 585(a)(3)(B)(iii), inserted at end “An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection, except that nothing in this subchapter requires an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave.”

Subsec. (e)(2). Pub. L. 110–181, § 585(a)(3)(C)(i), inserted “or under subsection (a)(3)” after “subsection (a)(1)” in introductory provisions.

Subsec. (e)(3). Pub. L. 110–181, § 585(a)(3)(C)(ii), added par. (3).

Subsec. (f). Pub. L. 110–181, § 585(a)(3)(D), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added par. (2).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2020 Amendment

Amendment by Pub. L. 116–127 effective no later than 15 days after Mar. 18, 2020, see section 3106 of div. C of Pub. L. 116–127, set out as an Effective Date note under section 2620 of this title.

### Effective Date of 2019 Amendment

Amendment by Pub. L. 116–92 not effective with respect to any birth or placement occurring before Oct. 1, 2020, see section 7604(c) of Pub. L. 116–92, set out as a note under section 2611 of this title.

### Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.

### Clarification for Members of the National Guard and Reserves: GAO and Library of Congress Employees

Pub. L. 116–92, div. F, title LXXVI, § 7605(c), Dec. 20, 2019, 133 Stat. 2308, provided that: “For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under section 102(a) of the Family and Medical Leave Act of 1993 [29 U.S.C. 2612(a)], any service by such employee on active duty (as defined in section 101(14) of such Act [29 U.S.C. 2611(14)]) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act [29 U.S.C. 2611(2)(A)].”