Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a)?Any employee who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return from such leave--
(1)?to be restored by the employing agency to the position held by the employee when the leave commenced; ?or
(2)?to be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.
(b)?The taking of leave under section 6382 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 to--
(1)?the accrual of any employment benefits during any period of leave; ?or
(2)?any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(d)?As a condition to restoration under subsection (a) for an employee who takes leave under section 6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work.
(e)?Nothing in this section shall be construed to prohibit an employing agency from requiring an employee on leave under section 6382 to report periodically to the employing agency on the status and intention of the employee to return to work.
Cite this article: FindLaw.com - 5 U.S.C. § 6384 - U.S. Code - Unannotated Title 5. Government Organization and Employees § 6384. Employment and benefits protection - last updated January 01, 2018 | https://codes.findlaw.com/us/title-5-government-organization-and-employees/5-usc-sect-6384/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.