---
kind: "section"
citation: "5 U.S.C. § 6384"
title: "5"
title_heading: "Government Organization and Employees"
number: "6384"
heading: "Employment and benefits protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6384"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 63 — Leave"
  - "Subchapter V — Family and Medical Leave"
---

# §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/5/3132.md?p=a-1) to the [position](/usc/5/5102.md?p=a-3) held by the [employee](/usc/5/6381.md?p=1) when the leave commenced; or
  - (2) to be restored to an equivalent [position](/usc/5/5102.md?p=a-3) with equivalent benefits, [pay](/usc/5/7511.md?p=a-4), status, and other terms and [conditions of employment](/usc/5/7103.md?p=a-14).
- (b) The taking of leave under [section 6382](/usc/5/6382.md) shall not result in the [loss](/usc/5/8401.md?p=18) 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/5/5102.md?p=a-3) of employment other than any right, benefit, or [position](/usc/5/5102.md?p=a-3) 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/5/3132.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/5/3132.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/5/3132.md?p=a-1) on the status and intention of the [employee](/usc/5/6381.md?p=1) to return to work.

## Source credit

(Added Pub. L. 103–3, title II, § 201(a)(1), Feb. 5, 1993, 107 Stat. 22.)

## Notes

### Statutory Notes and Related Subsidiaries

### 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.