---
kind: "section"
citation: "5 U.S.C. § 6382"
title: "5"
title_heading: "Government Organization and Employees"
number: "6382"
heading: "Leave requirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6382"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 63 — Leave"
  - "Subchapter V — Family and Medical Leave"
---

# §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/5/5102.md?p=a-3).
    - (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.
  - (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/5/3132.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/5/3132.md?p=a-1) may require such [employee](/usc/5/6381.md?p=1) to transfer temporarily to an available alternative [position](/usc/5/5102.md?p=a-3) offered by the employing [agency](/usc/5/3132.md?p=a-1) for which the [employee](/usc/5/6381.md?p=1) is qualified and that—
    - (A) has equivalent [pay](/usc/5/7511.md?p=a-4) and benefits; and
    - (B) better accommodates recurring periods of leave than the regular employment [position](/usc/5/5102.md?p=a-3) 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](/usc/5/7511.md?p=a-4).
- (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/5/3132.md?p=a-1) to provide paid sick leave in any situation in which such employing [agency](/usc/5/3132.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](/usc/5/7511.md?p=a-4) 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](/usc/5/8401.md?p=6) available for salaries or expenses for [positions](/usc/5/5102.md?p=a-3) within the employing [agency](/usc/5/3132.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/5/8401.md?p=26) 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](/usc/5/4701.md?p=a-3) 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/5/3132.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/5/3132.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/5/3132.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/5/3132.md?p=a-1) may recover, from such [employee](/usc/5/6381.md?p=1), an amount equal to the total amount of [Government](/usc/5/4101.md?p=3) contributions paid by the [agency](/usc/5/3132.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/5/3132.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/5/3132.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/5/3132.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.

## Source credit

(Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 20; amended Pub. L. 110–181, div. A, title V, § 585(b)(2)–(3)(C), Jan. 28, 2008, 122 Stat. 132; Pub. L. 110–417, [div. A], title X, § 1061(b)(2), Oct. 14, 2008, 122 Stat. 4612; Pub. L. 111–84, div. A, title V, § 565(b)(1)(B), (4), Oct. 28, 2009, 123 Stat. 2311, 2312; Pub. L. 116–92, div. F, title LXXVI, § 7602(a), (b), Dec. 20, 2019, 133 Stat. 2304, 2305; Pub. L. 116–283, div. A, title XI, § 1103(f)(3), Jan. 1, 2021, 134 Stat. 3889.)

## Notes

### Editorial Notes

### Amendments

2021—Subsec. (d)(1). Pub. L. 116–283, § 1103(f)(3)(A), struck out “under subchapter I” before “for any part” in two places.

Subsec. (d)(2)(B)(ii). Pub. L. 116–283, § 1103(f)(3)(B), struck out before period at end “under subchapter I”.

2019—Subsec. (a)(1). Pub. L. 116–92, § 7602(b)(1), which directed amendment of section 6382(a)(1), without specifying the title to be amended, by inserting “and subsection (d)(2) of this section” after “section 6383” in introductory provisions, was executed to this section, to reflect the probable intent of Congress.

Subsec. (a)(4). Pub. L. 116–92, § 7602(b)(2), which directed amendment of section 6382(a)(4), without specifying the title to be amended, by substituting “Subject to subsection (d)(2), during” for “During”, was executed to this section, to reflect the probable intent of Congress.

Subsec. (d). Pub. L. 116–92, § 7602(a), designated existing provisions as par. (1), substituted “subparagraph (C),” for “subparagraph (A), (B), (C),”, and added par. (2). Amendment made by section 7602(a)(1) directing substitution of “(1) An employee” for “An employee” was executed to “An employee” appearing at the beginning of the subsection, to reflect the probable intent of Congress.

2009—Subsec. (a)(1)(E). Pub. L. 111–84, § 565(b)(1)(B)(i), added subpar. (E).

Subsec. (b)(1). Pub. L. 111–84, § 565(b)(1)(B)(ii), inserted after second sentence “Subject to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.”

Subsec. (d). Pub. L. 111–84, § 565(b)(1)(B)(iii), substituted “(D), or (E)” for “or (D)”.

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

Subsec. (e)(3). Pub. L. 111–84, § 565(b)(1)(B)(iv), added par. (3).

2008—Subsec. (a)(3), (4). Pub. L. 110–181, § 585(b)(2), added pars. (3) and (4).

Subsec. (b)(1). Pub. L. 110–181, § 585(b)(3)(A)(i), in second sentence, substituted “subsection (b)(5) or (f) (as appropriate) of section 6383” for “section 6383(b)(5)” and inserted “or under subsection (a)(3)” after “subsection (a)(1)”.

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

Subsec. (d). Pub. L. 110–181, § 585(b)(3)(B), inserted at end “An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.”

Subsec. (e). Pub. L. 110–181, § 585(b)(3)(C), as amended by Pub. L. 110–417, inserted “or under subsection (a)(3)” after “subsection (a)(1)” in par. (1) and in introductory provisions of par. (2).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2019 Amendment

Pub. L. 116–92, div. F, title LXXVI, § 7602(c), Dec. 20, 2019, 133 Stat. 2306, provided that: “The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement occurring before October 1, 2020.”

### Effective Date of 2008 Amendment

Pub. L. 110–417, [div. A], title X, § 1061(b), Oct. 14, 2008, 122 Stat. 4612, provided that the amendment made by section 1061(b)(2) is effective as of Jan. 28, 2008, and as if included in Pub. L. 110–181 as enacted.

### Effective Date

Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of Pub. L. 103–3, set out as a note under section 2601 of Title 29, Labor.

### Clarification for Members of the National Guard and Reserves: Executive Branch Employees

Pub. L. 116–92, div. F, title LXXVI, § 7605(a), Dec. 20, 2019, 133 Stat. 2308, provided that: “For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to subsection (d)(2)(A) of section 6382 of such title (as added by section 1102 [probably means section “7602” of Pub. L. 116–92]), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title.”