29 USC 2611 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 2611.

Definitions

As used in this subchapter:

(1)

Commerce

(2)

Eligible employee

(A)

In general

The term “eligible employee” means an employee who has been employed—

(i)

for at least 12 months by the employer with respect to whom leave is requested under section 2612 of this title; and

(ii)

for at least 1,250 hours of service with such employer during the previous 12-month period.

(B)

Exclusions

The term “eligible employee” does not include—

(i)

any Federal officer or employee covered under subchapter V of chapter 63 of title 5; or

(ii)

any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50.

(C)

Determination

(D)

Airline flight crews

(i)

Determination

For purposes of determining whether an employee who is a flight attendant or flight crewmember (as such terms are defined in regulations of the Federal Aviation Administration) meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to meet the requirement if—

(I)

the employee has worked or been paid for not less than 60 percent of the applicable total monthly guarantee, or the equivalent, for the previous 12-month period, for or by the employer with respect to whom leave is requested under section 2612 of this title; and

(II)

the employee has worked or been paid for not less than 504 hours (not counting personal commute time or time spent on vacation leave or medical or sick leave) during the previous 12-month period, for or by that employer.

(ii)

File

(iii)

Definition

In this subparagraph, the term “applicable monthly guarantee” means—

(I)

for an employee described in clause (i) other than an employee on reserve status, the minimum number of hours for which an employer has agreed to schedule such employee for any given month; and

(II)

for an employee described in clause (i) who is on reserve status, the number of hours for which an employer has agreed to pay such employee on reserve status for any given month,

as established in the applicable collective bargaining agreement or, if none exists, in the employer’s policies.

(E)

GAO employees

(3)

Employ; employee; State

(4)

Employer

(A)

In general

The term “employer”—

(i)

means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;

(ii)

includes—

(I)

any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and

(II)

any successor in interest of an employer;

(iii)

includes any “public agency”, as defined in section 203(x) of this title; and

(iv)

includes the Government Accountability Office and the Library of Congress.

(B)

Public agency

(5)

Employment benefits

(6)

Health care provider

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; or

(B)

any other person determined by the Secretary to be capable of providing health care services.

(7)

Parent

(8)

Person

(9)

Reduced leave schedule

(10)

Secretary

(11)

Serious health condition

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.

(12)

Son or daughter

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.

(13)

Spouse

(14)

Covered active duty

The term “covered active duty” means—

(A)

in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and

(B)

in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces 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.

(15)

Covered servicemember

The term “covered servicemember” means—

(A)

a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or

(B)

a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

(16)

Outpatient status

The term “outpatient status”, with respect to a covered servicemember, means the status of a member of the Armed Forces 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 of the Armed Forces receiving medical care as outpatients.

(17)

Next of kin

(18)

Serious injury or illness

The term “serious injury or illness”—

(A)

in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and

(B)

in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (15)(B), means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

(19)

Veteran

(Pub. L. 103–3, title I, § 101, Feb. 5, 1993, 107 Stat. 7; Pub. L. 104–1, title II, § 202(c)(1)(A), Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–181, div. A, title V, § 585(a)(1), Jan. 28, 2008, 122 Stat. 128; Pub. L. 111–84, div. A, title V, § 565(a)(1)(A), (2), (3), Oct. 28, 2009, 123 Stat. 2309, 2310; Pub. L. 111–119, § 2(a), Dec. 21, 2009, 123 Stat. 3476; Pub. L. 116–92, div. F, title LXXVI, § 7604(b), Dec. 20, 2019, 133 Stat. 2308.)

cite as: 29 USC 2611