---
kind: "range"
citation: "5 U.S.C. §§ 6381–6387"
title: "5"
from: "6381"
to: "6387"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/5/6381..6387"
---

# §6381. Definitions


For the purpose of this subchapter—

- (1) the term “employee” means any individual who—
  - (A) is an “[employee](#1)”, as defined by [section 6301(2)](/usc/5/6301.md?p=2), including any individual employed in a [position](/usc/5/5531.md?p=2) referred to in [clause (ix)](/usc/5/6301.md?p=2-ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia[^1] any individual employed on a temporary or intermittent basis, and any [employee](#1) of the Government Accountability Office or the Library of Congress; and
  - (B) has completed at least 12 months of [service](/usc/5/8331.md?p=12)—
    - (i) as an [employee](#1) (as that term is defined in [section 2105](/usc/5/2105.md)) of the Government of the United States, including [service](/usc/5/8331.md?p=12) with the United States Postal [Service](/usc/5/8331.md?p=12), the Postal Regulatory Commission, and a [nonappropriated fund instrumentality](/usc/5/5595.md?p=h-6-C) as described in [section 2105(c)](/usc/5/2105.md?p=c); or
    - (ii) which qualifies as honorable active [service](/usc/5/8331.md?p=12) in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States;
- (2) the term “health care provider” means—
  - (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; and
  - (B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care [services](/usc/5/8331.md?p=12);
- (3) the term “parent” means the biological parent of an [employee](#1) or an individual who stood in loco parentis to an [employee](#1) when the [employee](#1) was a [son or daughter](#6);
- (4) the term “reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an [employee](#1);
- (5) the term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves—
  - (A) inpatient care in a hospital, hospice, or residential medical care facility; or
  - (B) continuing treatment by a [health care provider](#2);
- (6) the term “son or daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is—
  - (A) under 18 years of age; or
  - (B) 18 years of age or older and incapable of self-care because of a mental or physical disability;
- (7) the term “covered active duty” means—
  - (A) in the case of a [member](/usc/5/5531.md?p=1) of a regular component of the [Armed Forces](/usc/5/2101.md?p=2), duty during the deployment of the [member](/usc/5/5531.md?p=1) with the [Armed Forces](/usc/5/2101.md?p=2) to a foreign country; and
  - (B) in the case of a [member](/usc/5/5531.md?p=1) of a reserve component of the [Armed Forces](/usc/5/2101.md?p=2), duty during the deployment of the [member](/usc/5/5531.md?p=1) with the [Armed Forces](/usc/5/2101.md?p=2) to a foreign country under a call or order to active duty under a provision of law referred to in [section 101(a)(13)(B) of title 10](/usc/10/101.md?p=a-13-B), United States Code;
- (8) the term “covered servicemember” means—
  - (A) a [member](/usc/5/5531.md?p=1) of the [Armed Forces](/usc/5/2101.md?p=2) (including a [member](/usc/5/5531.md?p=1) of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in [outpatient status](#9), or is otherwise on the temporary disability retired list, for a [serious injury or illness](#11); or
  - (B) a [veteran](#12) who is undergoing medical treatment, recuperation, or therapy, for a [serious injury or illness](#11) and who was a [member](/usc/5/5531.md?p=1) of the [Armed Forces](/usc/5/2101.md?p=2) (including a [member](/usc/5/5531.md?p=1) of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the [veteran](#12) undergoes that medical treatment, recuperation, or therapy;
- (9) the term “outpatient status”, with respect to a [covered servicemember](#8), means the status of a [member](/usc/5/5531.md?p=1) of the [Armed Forces](/usc/5/2101.md?p=2) assigned to—
  - (A) a military medical treatment facility as an outpatient; or
  - (B) a unit established for the purpose of providing command and control of [members](/usc/5/5531.md?p=1) of the [Armed Forces](/usc/5/2101.md?p=2) receiving medical care as outpatients;
- (10) the term “next of kin”, used with respect to an individual, means the nearest blood relative of that individual;
- (11) the term “serious injury or illness”—
  - (A) in the case of a [member](/usc/5/5531.md?p=1) of the [Armed Forces](/usc/5/2101.md?p=2) (including a [member](/usc/5/5531.md?p=1) of the National Guard or Reserves), means an injury or illness that was incurred by the [member](/usc/5/5531.md?p=1) in line of duty on active duty in the [Armed Forces](/usc/5/2101.md?p=2) (or existed before the beginning of the [member](/usc/5/5531.md?p=1)’s active duty and was aggravated by [service](/usc/5/8331.md?p=12) in line of duty on active duty in the [Armed Forces](/usc/5/2101.md?p=2)) and that may render the [member](/usc/5/5531.md?p=1) medically unfit to perform the duties of the [member](/usc/5/5531.md?p=1)’s office, grade, rank, or rating; and
  - (B) in the case of a [veteran](#12) who was a [member](/usc/5/5531.md?p=1) of the [Armed Forces](/usc/5/2101.md?p=2) (including a [member](/usc/5/5531.md?p=1) of the National Guard or Reserves) at any time during a period described in [paragraph (8)(B)](#8-B), means an injury or illness that was incurred by the [member](/usc/5/5531.md?p=1) in line of duty on active duty in the [Armed Forces](/usc/5/2101.md?p=2) (or existed before the beginning of the [member](/usc/5/5531.md?p=1)’s active duty and was aggravated by [service](/usc/5/8331.md?p=12) in line of duty on active duty in the [Armed Forces](/usc/5/2101.md?p=2)) and that manifested itself before or after the [member](/usc/5/5531.md?p=1) became a [veteran](#12); and
- (12) the term “veteran” has the meaning given the term in [section 101 of title 38](/usc/38/101.md), United States Code.

# §6382. Leave requirement

- (a)
  - (1) Subject to [section 6383](/usc/5/6383.md) and [subsection (d)(2)](#d-2) of this section, an [employee](/usc/5/6381.md?p=1) shall be entitled to a total of 12 administrative 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/5/6381.md?p=6) of the [employee](/usc/5/6381.md?p=1) and in order to care for such [son or daughter](/usc/5/6381.md?p=6).
    - (B) Because of the placement of a [son or daughter](/usc/5/6381.md?p=6) with the [employee](/usc/5/6381.md?p=1) for adoption or foster care.
    - (C) In order to care for the spouse, or a son, daughter, or [parent](/usc/5/6381.md?p=3), of the [employee](/usc/5/6381.md?p=1), if such spouse, son, daughter, or [parent](/usc/5/6381.md?p=3) has a [serious health condition](/usc/5/6381.md?p=5).
    - (D) Because of a [serious health condition](/usc/5/6381.md?p=5) that makes the [employee](/usc/5/6381.md?p=1) unable to perform the functions of the [employee](/usc/5/6381.md?p=1)’s [position](/usc/5/5531.md?p=2).
    - (E) Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or [parent](/usc/5/6381.md?p=3) of the [employee](/usc/5/6381.md?p=1) is on [covered active duty](/usc/5/6381.md?p=7) (or has been notified of an impending call or order to [covered active duty](/usc/5/6381.md?p=7)) in the [Armed Forces](/usc/5/2101.md?p=2).
  - (2) The entitlement to leave under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of paragraph (1) based on the birth or placement of a [son or daughter](/usc/5/6381.md?p=6) shall expire at the end of the 12-month period beginning on the date of such birth or placement.
  - (3) Subject to [section 6383](/usc/5/6383.md), an [employee](/usc/5/6381.md?p=1) who is the spouse, son, daughter, [parent](/usc/5/6381.md?p=3), or [next of kin](/usc/5/6381.md?p=10) of a [covered servicemember](/usc/5/6381.md?p=8) shall be entitled to a total of 26 administrative 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) Subject to [subsection (d)(2)](#d-2), during the single 12-month period described in [paragraph (3)](#a-3), an [employee](/usc/5/6381.md?p=1) shall be entitled to a combined total of 26 administrative 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.
- (b)
  - (1) Leave under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of subsection (a)(1) shall not be taken by an [employee](/usc/5/6381.md?p=1) intermittently or on a [reduced leave schedule](/usc/5/6381.md?p=4) unless the [employee](/usc/5/6381.md?p=1) and the employing [agency](/usc/5/500.md?p=a-1) of the [employee](/usc/5/6381.md?p=1) agree otherwise. Subject to [paragraph (2)](#b-2), [subsection (e)(2)](#e-2), and subsection (b)(5) or (f) (as appropriate) of [section 6383](/usc/5/6383.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/5/6381.md?p=4) when medically necessary. Subject to [subsection (e)(3)](#e-3) and [section 6383(f)](/usc/5/6383.md?p=f), leave under [subsection (a)(1)(E)](#a-1-E) may be taken intermittently or on a [reduced leave schedule](/usc/5/6381.md?p=4). In the case of an [employee](/usc/5/6381.md?p=1) who takes leave intermittently or on a [reduced leave schedule](/usc/5/6381.md?p=4) pursuant to this paragraph, any hours of leave so taken by such [employee](/usc/5/6381.md?p=1) shall be subtracted from the total amount of leave remaining available to such [employee](/usc/5/6381.md?p=1) under [subsection (a)](#a), for purposes of the 12-month period involved, on an hour-for-hour basis.
  - (2) If an [employee](/usc/5/6381.md?p=1) requests intermittent leave, or leave on a [reduced leave schedule](/usc/5/6381.md?p=4), 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 employing [agency](/usc/5/500.md?p=a-1) may require such [employee](/usc/5/6381.md?p=1) to transfer temporarily to an available alternative [position](/usc/5/5531.md?p=2) offered by the employing [agency](/usc/5/500.md?p=a-1) for which the [employee](/usc/5/6381.md?p=1) is qualified and that—
    - (A) has equivalent pay and benefits; and
    - (B) better accommodates recurring periods of leave than the regular employment [position](/usc/5/5531.md?p=2) of the [employee](/usc/5/6381.md?p=1).
- (c) Except as provided in [subsection (d)](#d), leave granted under [subsection (a)](#a) shall be leave without pay.
- (d)
  - (1) An [employee](/usc/5/6381.md?p=1) may elect to substitute for leave under subparagraph [(C)](#a-1-C), [(D)](#a-1-D), or [(E)](#a-1-E) of subsection (a)(1) any of the [employee](/usc/5/6381.md?p=1)’s accrued or accumulated annual or sick leave for any part of the 12-week period of leave under such subsection, except that nothing in this subchapter shall require an employing [agency](/usc/5/500.md?p=a-1) to provide paid sick leave in any situation in which such employing [agency](/usc/5/500.md?p=a-1) would not normally provide any such paid leave. An [employee](/usc/5/6381.md?p=1) may elect to substitute for leave under [subsection (a)(3)](#a-3) any of the [employee](/usc/5/6381.md?p=1)’s accrued or accumulated annual or sick leave for any part of the 26-week period of leave under such subsection.
  - (2)
    - (A) An [employee](/usc/5/6381.md?p=1) 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/5/6381.md?p=1) for that purpose.
    - (B) The paid leave that is available to an [employee](/usc/5/6381.md?p=1) for purposes of [subparagraph (A)](#d-2-A) is—
      - (i) 12 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and
      - (ii) during the 12-month period referred to in [subsection (a)(1)](#a-1), and in addition to the 12 administrative workweeks under [clause (i)](#d-2-B-i), any annual or sick leave accrued or accumulated by such [employee](/usc/5/6381.md?p=1).
    - (C) Nothing in this subsection shall be considered to require that an [employee](/usc/5/6381.md?p=1) first use all or any portion of the leave described in [subparagraph (B)(ii)](#d-2-B-ii) before being allowed to use the paid parental leave described in [subparagraph (B)(i)](#d-2-B-i).
    - (D) Paid parental leave under [subparagraph (B)(i)](#d-2-B-i)—
      - (i) shall be payable from any appropriation or fund available for salaries or expenses for [positions](/usc/5/5531.md?p=2) within the employing [agency](/usc/5/500.md?p=a-1);
      - (ii) shall not be considered to be annual or vacation leave for purposes of section [5551](/usc/5/5551.md) or [5552](/usc/5/5552.md) or for any other purpose; and
      - (iii) if not used by the [employee](/usc/5/6381.md?p=1) 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.
    - (E) Nothing in this paragraph shall be construed to modify the requirement to complete at least 12 months of [service](/usc/5/8331.md?p=12) as an [employee](/usc/5/6381.md?p=1) (within the meaning of [section 6381(1)(A)](/usc/5/6381.md?p=1-A)) before the date of the applicable birth or placement involved to be eligible for paid parental leave under subparagraph (B)(i) of this paragraph.
    - (F)
      - (i) An [employee](/usc/5/6381.md?p=1) may not take leave under this paragraph unless the [employee](/usc/5/6381.md?p=1) agrees (in writing), before the commencement of such leave, to work for the applicable employing [agency](/usc/5/500.md?p=a-1) for not less than a period of 12 weeks beginning on the date such leave concludes.
      - (ii) The head of the [agency](/usc/5/500.md?p=a-1) shall waive the requirement in [clause (i)](#d-2-F-i) in any instance where the [employee](/usc/5/6381.md?p=1) is unable to return to work because of the continuation, recurrence, or onset of a [serious health condition](/usc/5/6381.md?p=5) (including mental health), related to the applicable birth or placement of a child, of the [employee](/usc/5/6381.md?p=1) or the child.
      - (iii) The head of the employing [agency](/usc/5/500.md?p=a-1) may require that an [employee](/usc/5/6381.md?p=1) who claims to be unable to return to work because of a health condition described under [clause (ii)](#d-2-F-ii) provide certification supporting such claim by the [health care provider](/usc/5/6381.md?p=2) of the [employee](/usc/5/6381.md?p=1) or the child (as the case may be). The [employee](/usc/5/6381.md?p=1) shall provide such certification to the head in a timely manner.
    - (G)
      - (i) If an [employee](/usc/5/6381.md?p=1) fails to return from paid leave provided under this paragraph after the date such leave concludes, the employing [agency](/usc/5/500.md?p=a-1) may recover, from such [employee](/usc/5/6381.md?p=1), an amount equal to the total amount of Government contributions paid by the [agency](/usc/5/500.md?p=a-1) under [section 8906](/usc/5/8906.md) on behalf of the [employee](/usc/5/6381.md?p=1) for maintaining such [employee](/usc/5/6381.md?p=1)’s health coverage under [chapter 89](/usc/5/chptIII-sptG-ch89.md) during the period of such leave.
      - (ii) [Clause (i)](#d-2-G-i) shall not apply to any [employee](/usc/5/6381.md?p=1) who fails to return from such leave due to—
        - (I) the continuation, recurrence, or onset of a [serious health condition](/usc/5/6381.md?p=5) as described under, and consistent with the requirements of, [subparagraph (F)](#d-2-F); or
        - (II) any other circumstance beyond the control of the [employee](/usc/5/6381.md?p=1).
- (e)
  - (1) In any case in which the necessity for leave under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of subsection (a)(1) or under [subsection (a)(3)](#a-3) is foreseeable based on an expected birth or placement, the [employee](/usc/5/6381.md?p=1) shall provide the employing [agency](/usc/5/500.md?p=a-1) with not less than 30 days’ notice, before the date the leave is to begin, of the [employee](/usc/5/6381.md?p=1)’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/5/6381.md?p=1) shall provide such notice as is practicable.
  - (2) 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/5/6381.md?p=1)—
    - (A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employing [agency](/usc/5/500.md?p=a-1), subject to the approval of the [health care provider](/usc/5/6381.md?p=2) of the [employee](/usc/5/6381.md?p=1) or the [health care provider](/usc/5/6381.md?p=2) of the son, daughter, spouse, [parent](/usc/5/6381.md?p=3), or [covered servicemember](/usc/5/6381.md?p=8) of the [employee](/usc/5/6381.md?p=1), as appropriate; and
    - (B) shall provide the employing [agency](/usc/5/500.md?p=a-1) with not less than 30 days’ notice, before the date the leave is to begin, of the [employee](/usc/5/6381.md?p=1)’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/5/6381.md?p=1) shall provide such notice as is practicable.
  - (3) In any case in which the necessity for leave under [subsection (a)(1)(E)](#a-1-E) is foreseeable, whether because the spouse, or a son, daughter, or [parent](/usc/5/6381.md?p=3), of the [employee](/usc/5/6381.md?p=1) is on [covered active duty](/usc/5/6381.md?p=7), or because of notification of an impending call or order to [covered active duty](/usc/5/6381.md?p=7), the [employee](/usc/5/6381.md?p=1) shall provide such notice to the employer as is reasonable and practicable.

# §6383. Certification

- (a) An employing [agency](/usc/5/500.md?p=a-1) may require that a request for leave under subparagraph [(C)](/usc/5/6382.md?p=a-1-C) or [(D)](/usc/5/6382.md?p=a-1-D) of section 6382(a)(1) be supported by certification issued by the [health care provider](/usc/5/6381.md?p=2) of the [employee](/usc/5/6381.md?p=1) or of the son, daughter, spouse, or [parent](/usc/5/6381.md?p=3) of the [employee](/usc/5/6381.md?p=1), as appropriate. The [employee](/usc/5/6381.md?p=1) shall provide, in a timely manner, a copy of such certification to the employing [agency](/usc/5/500.md?p=a-1).
- (b) A certification provided under [subsection (a)](#a) shall be sufficient if it states—
  - (1) the date on which the [serious health condition](/usc/5/6381.md?p=5) commenced;
  - (2) the probable duration of the condition;
  - (3) the appropriate medical facts within the knowledge of the [health care provider](/usc/5/6381.md?p=2) regarding the condition;
  - (4)
    - (A) for purposes of leave under [section 6382(a)(1)(C)](/usc/5/6382.md?p=a-1-C), a statement that the [employee](/usc/5/6381.md?p=1) is needed to care for the son, daughter, spouse, or [parent](/usc/5/6381.md?p=3), and an estimate of the amount of time that such [employee](/usc/5/6381.md?p=1) is needed to care for such son, daughter, spouse, or [parent](/usc/5/6381.md?p=3); and
    - (B) for purposes of leave under [section 6382(a)(1)(D)](/usc/5/6382.md?p=a-1-D), a statement that the [employee](/usc/5/6381.md?p=1) is unable to perform the functions of the [position](/usc/5/5531.md?p=2) of the [employee](/usc/5/6381.md?p=1); and
  - (5) in the case of certification for intermittent leave, or leave on a [reduced leave schedule](/usc/5/6381.md?p=4), for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment.
- (c)
  - (1) In any case in which the employing [agency](/usc/5/500.md?p=a-1) has reason to doubt the validity of the certification provided under [subsection (a)](#a) for leave under subparagraph [(C)](/usc/5/6382.md?p=a-1-C) or [(D)](/usc/5/6382.md?p=a-1-D) of section 6382(a)(1), the employing [agency](/usc/5/500.md?p=a-1) may require, at the expense of the [agency](/usc/5/500.md?p=a-1), that the [employee](/usc/5/6381.md?p=1) obtain the opinion of a second [health care provider](/usc/5/6381.md?p=2) designated or approved by the employing [agency](/usc/5/500.md?p=a-1) concerning any information certified under [subsection (b)](#b) for such leave.
  - (2) Any [health care provider](/usc/5/6381.md?p=2) designated or approved under [paragraph (1)](#c-1) shall not be employed on a regular basis by the employing [agency](/usc/5/500.md?p=a-1).
- (d)
  - (1) In any case in which the second opinion described in [subsection (c)](#c) differs from the original certification provided under [subsection (a)](#a), the employing [agency](/usc/5/500.md?p=a-1) may require, at the expense of the [agency](/usc/5/500.md?p=a-1), that the [employee](/usc/5/6381.md?p=1) obtain the opinion of a third [health care provider](/usc/5/6381.md?p=2) designated or approved jointly by the employing [agency](/usc/5/500.md?p=a-1) and the [employee](/usc/5/6381.md?p=1) concerning the information certified under [subsection (b)](#b).
  - (2) The opinion of the third [health care provider](/usc/5/6381.md?p=2) concerning the information certified under [subsection (b)](#b) shall be considered to be final and shall be binding on the employing [agency](/usc/5/500.md?p=a-1) and the [employee](/usc/5/6381.md?p=1).
- (e) The employing [agency](/usc/5/500.md?p=a-1) may require, at the expense of the [agency](/usc/5/500.md?p=a-1), that the [employee](/usc/5/6381.md?p=1) obtain subsequent recertifications on a reasonable basis.
- (f) An employing [agency](/usc/5/500.md?p=a-1) may require that a request for leave under paragraph [(1)(E)](/usc/5/6382.md?p=a-1-E) or [(3)](/usc/5/6382.md?p=a-3) of section 6382(a) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.

# §6384. Employment and benefits protection

- (a) Any [employee](/usc/5/6381.md?p=1) who takes leave under [section 6382](/usc/5/6382.md) for the intended purpose of the leave shall be entitled, upon return from such leave—
  - (1) to be restored by the employing [agency](/usc/5/500.md?p=a-1) to the [position](/usc/5/5531.md?p=2) held by the [employee](/usc/5/6381.md?p=1) when the leave commenced; or
  - (2) to be restored to an equivalent [position](/usc/5/5531.md?p=2) with equivalent benefits, pay, status, and other terms and conditions of employment.
- (b) The taking of leave under [section 6382](/usc/5/6382.md) shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
- (c) Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored [employee](/usc/5/6381.md?p=1) to—
  - (1) the accrual of any employment benefits during any period of leave; or
  - (2) any right, benefit, or [position](/usc/5/5531.md?p=2) of employment other than any right, benefit, or [position](/usc/5/5531.md?p=2) to which the [employee](/usc/5/6381.md?p=1) would have been entitled had the [employee](/usc/5/6381.md?p=1) not taken the leave.
- (d) As a condition to restoration under [subsection (a)](#a) for an [employee](/usc/5/6381.md?p=1) who takes leave under [section 6382(a)(1)(D)](/usc/5/6382.md?p=a-1-D), the employing [agency](/usc/5/500.md?p=a-1) may have a uniformly applied practice or policy that requires each such [employee](/usc/5/6381.md?p=1) to receive certification from the [health care provider](/usc/5/6381.md?p=2) of the [employee](/usc/5/6381.md?p=1) that the [employee](/usc/5/6381.md?p=1) is able to resume work.
- (e) Nothing in this section shall be construed to prohibit an employing [agency](/usc/5/500.md?p=a-1) from requiring an [employee](/usc/5/6381.md?p=1) on leave under [section 6382](/usc/5/6382.md) to report periodically to the employing [agency](/usc/5/500.md?p=a-1) on the status and intention of the [employee](/usc/5/6381.md?p=1) to return to work.

# §6385. Prohibition of coercion

- (a) An [employee](#b-2) shall not directly or indirectly [intimidate, threaten, or coerce](#b-1), or attempt to [intimidate, threaten, or coerce](#b-1), any other [employee](#b-2) for the purpose of interfering with the exercise of any rights which such other [employee](#b-2) may have under this subchapter.
- (b) For the purpose of this section—
  - (1) the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation); and
  - (2) the term “employee” means any “employee”, as defined by [section 2105](/usc/5/2105.md).

# §6386. Health insurance


An [employee](/usc/5/6381.md?p=1) enrolled in a health benefits plan under [chapter 89](/usc/5/chptIII-sptG-ch89.md) who is placed in a leave status under [section 6382](/usc/5/6382.md) may elect to continue the health benefits enrollment of the [employee](/usc/5/6381.md?p=1) while in such leave status and arrange to pay currently into the [Employees](/usc/5/6381.md?p=1) Health Benefits Fund (described in [section 8909](/usc/5/8909.md)), the appropriate [employee](/usc/5/6381.md?p=1) contributions.


# §6387. Regulations


The Office of Personnel Management shall prescribe regulations necessary for the administration of this subchapter. The regulations prescribed under this subchapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Family and Medical Leave Act of 1993.