§ 2611. Definitions
As used in this subchapter:
(1)
Commerce
The terms “commerce” and “industry or activity affecting commerce” mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include “commerce” and any “industry affecting commerce”, as defined in paragraphs (1) and (3) of section
142 of this title.
(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
(C)
Determination
For purposes of determining whether an employee meets the hours of service requirement specified in subparagraph (A)(ii), the legal standards established under section
207 of this title shall apply.
(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)
File
Each employer of an employee described in clause (i) shall maintain on file with the Secretary (in accordance with such regulations as the Secretary may prescribe) containing information specifying the applicable monthly guarantee with respect to each category of employee to which such guarantee applies.
(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.
(3)
Employ; employee; State
The terms “employ”, “employee”, and “State” have the same meanings given such terms in subsections (c), (e), and (g) of section
203 of this title.
(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;
(5)
Employment benefits
The term “employment benefits” means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an “employee benefit plan”, as defined in section
1002
(3) of this title.
(6)
Health care provider
The term “health care provider” means—
(7)
Parent
The term “parent” means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter.
(9)
Reduced leave schedule
The term “reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
(11)
Serious health condition
The term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves—
(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—
(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—
(17)
Next of kin
The term “next of kin”, used with respect to an individual, means the nearest blood relative of that individual.
(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.