Page:United States Statutes at Large Volume 110 Part 6.djvu/235

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PUBLIC LAW 104-331—OCT. 26, 1996 110 STAT. 4057 "(i) would be equally effective for the implementation of the rights and protections under this section; and "(ii) would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government. "(e) APPLICABILITY.—Subsections (a) through (c), and section 417 (to the extent that it relates to any matter under this section), shall apply with respect to violations occurring on or after the effective date of this chapter. "(f) EFFECTIVE DATE. —This section shall take effect on October 1, 1997. "§ 412. Rights and protections under the Family and Medical Leave Act of 1993 "(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PROTECTIONS PROVIDED.— "(1) IN GENERAL.— The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 shall apply to covered employees. "(2) DEFINITIONS.— For purposes of the application described in paragraph (1)— "(A) the term 'employer' as used in the Family and Medical Leave Act of 1993 means any employing office; and "(B) the term 'eligible employee' as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months. "(b) REMEDY.— The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993. "(c) REGULATIONS TO IMPLEMENT SECTION.— "(1) IN GENERAL.— The President, or the designee of the President, shall issue regulations to implement this section. "(2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same as substemtive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b)— "(A) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and "(B) except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of subchapter V of chapter 63 of title 5, United States Code, that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (b), if the issuance of such regulations— "(i) would be equally effective for the implementation of the rights and protections under this section; and