42 USC § 12631 - Family and medical leave

---
identifier: "/us/usc/t42/s12631"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 12631 - Family and medical leave"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "12631"
section_name: "Family and medical leave"
chapter_number: 129
chapter_name: "NATIONAL AND COMMUNITY SERVICE"
subchapter_number: "I"
subchapter_name: "NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 113(a), Sept. 21, 1993, 107 Stat. 861; Pub. L. 111–13, title I, § 1601, Apr. 21, 2009, 123 Stat. 1529.)"
---


# § 12631. Family and medical leave

**(a)** **Participants in private, State, and local projects** For purposes of title I of the Family and Medical Leave Act of 1993 [29 U.S.C. 2611 et seq.], if—

the participant shall be considered to be an eligible employee of the service sponsor.

**(1)** a participant has provided service for the period required by section 101(2)(A)(i) (29 U.S.C. 2611(2)(A)(i)), and has met the hours of service requirement of section 101(2)(A)(ii), of such Act with respect to a project authorized under the national service laws; and

**(2)** the service sponsor of the project is an employer described in section 101(4) of such Act (other than an employing agency within the meaning of subchapter V of chapter 63 of title 5),

**(b)** **Participants in Federal projects** For purposes of subchapter V of chapter 63 of title 5, if—

the participant shall be considered to be an employee of the service sponsor.

**(1)** a participant has provided service for the period required by section 6381(1)(B) of such title with respect to a project; and

**(2)** the service sponsor of the project is an employing agency within the meaning of such subchapter,

**(c)** **Treatment of absence** 29 U.S.C. 2611section 12593 of this title

The period of any absence of a participant from a service position pursuant to title I of the Family and Medical Leave Act of 1993 [ et seq.] or subchapter V of chapter 63 of title 5 shall not be counted toward the completion of the term of service of the participant under .

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**Source Credit**: (Pub. L. 101–610, title I, § 171, Nov. 16, 1990, 104 Stat. 3159; Pub. L. 103–82, title I, § 113(a), Sept. 21, 1993, 107 Stat. 861; Pub. L. 111–13, title I, § 1601, Apr. 21, 2009, 123 Stat. 1529.)

## Editorial Notes

### References in Text

The Family and Medical Leave Act of 1993, referred to in subsecs. (a) and (c), is , , . Title I of the Act is classified generally to subchapter I (§ 2611 et seq.) of chapter 28 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Amendments

2009—Subsec. (a)(1).  substituted “with respect to a project authorized under the national service laws” for “with respect to a project”.

1993— amended section generally, substituting provisions relating to family and medical leave for provisions relating to limitation on number of grants under this subchapter.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1993 Amendment

Amendment by  effective , see , set out as a note under , Conservation.