107 STAT. 20 PUBLIC LAW 103-3—FEB. 5, 1993 "(6) 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.
- § 6382. Leave requirement
"(a)(1) Subject to section 6383, an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following: "(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. "(B) Because of the placement of a son or daughter with the employee for adoption or foster care. "(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition. "(D) Because of a serious health condition that makes the employee unable to perform the functions of the employee's position. "(2) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) based on the birth or placement of a son or daughter shall expire at the end of the 12-month period beginning on the date of such birth or placement. "(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(D shall not be taken by an employee intermittently or on a reduced leave schedule luiless the employee and the employing agency of the employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and section 6383(b)(5), leave under subparagraph (C) or (D) of subsection (a)(1) may be taken intermittently or on a reduced leave schedule when medically necessary. In the case of an employee who takes leave intermittently or on a reduced leave schedule pursuant to this paragraph, any hours of leave so taken by such employee shall be subtracted from the total amount of leave remaining available to such employee under subsection (a), for purposes of the 12-month period involved, on an hour-for-hour basis. "(2) If an employee requests intermittent leave, or leave on a reduced leave schedule, under subparagraph (C) or (D) of subsection (a)(1), that is foreseeable based on planned medical treatment, the employing agency may require such employee to transfer temporarily to an available alternative position offered by the employing agency for which the employee is qualified and that— "(A) has equivalent pay and benefits; and "(B) better accommodates recurring periods of leave than the regular employment position of the employee. "(c) Except as provided in subsection (d), leave granted under subsection (a) shall be leave without pay. "(d) An employee may elect to substitute for leave under subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 12-week period of leave under such subsection, except that nothing in this subchapter shall require an employing agency to provide paid sick leave in any situation in which such employing agency would not normally provide any such paid leave.
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