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<section article="gle" article_name="Labor and Employment" number="8.3-701" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits">
  <level label="a">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, beginning on a date not earlier than January 1, 2027, but not later than January 3, 2028, determined and announced by the Secretary, a covered individual taking leave from employment may submit a claim for benefits:</text>
      <level label="i">
        <level label="1">
          <text>to care for a newborn child of the covered individual during the first year after the child’s birth; or</text>
        </level>
        <level label="2">
          <text>because a child is being placed for adoption, foster care, or kinship care with the covered individual or to care for or bond with the child during the first year after the placement;</text>
        </level>
      </level>
      <level label="ii">
        <text>to care for a family member with a serious health condition;</text>
      </level>
      <level label="iii">
        <text>to attend to a serious health condition that results in the covered individual being unable to perform the functions of the covered individual’s position;</text>
      </level>
      <level label="iv">
        <text>to care for a service member with a serious health condition resulting from service in the uniformed services for whom the covered individual is next of kin; or</text>
      </level>
      <level label="v">
        <text>to attend to a qualifying exigency arising out of the deployment of an eligible service member who is a family member of the covered individual.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>Except as provided under subparagraph (ii) of this paragraph, if the need to use leave is foreseeable, an employer may require a covered employee taking leave under this title to provide the employer with written notice of the covered employee’s intention to take leave at least 30 days before commencing the leave.</text>
      </level>
      <level label="ii">
        <text>If the need to use leave is not foreseeable, the covered employee shall:</text>
        <level label="1">
          <text>provide notice to the employer as soon as practicable; and</text>
        </level>
        <level label="2">
          <text>generally comply with the employer’s notice or procedural requirements for requesting or reporting other leave, if those requirements do not interfere with the covered employee’s ability to use leave for which benefits may be paid under this title.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Subject to paragraph (3) of this subsection, an individual may file an application for benefits within 60 days before the anticipated start date of the leave for which benefits may be paid under this title, but not later than 60 days after the start date of the leave.</text>
    </level>
    <level label="2">
      <text>To be considered complete, an application shall contain all information required by the Department.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>The Department shall waive the filing deadline established under paragraph (1) of this subsection for good cause.</text>
      </level>
      <level label="ii">
        <text>If the covered individual does not have good cause for the delay in completing the claim application, the Secretary may delay or deny benefits under this title.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Subject to paragraphs (2) and (3) of this subsection, a covered individual may take the leave for which the individual is eligible for benefits under subsection (a) of this section on an intermittent leave schedule.</text>
    </level>
    <level label="2">
      <text>If leave is taken on an intermittent leave schedule, the covered individual shall:</text>
      <level label="i">
        <text>make a reasonable effort to schedule the intermittent leave in a manner that does not unduly disrupt the operations of the employer; and</text>
      </level>
      <level label="ii">
        <text>provide the employer with reasonable and practicable prior notice of the reason for which the intermittent leave is necessary.</text>
      </level>
    </level>
    <level label="3">
      <text>A covered employee may not take intermittent leave in an increment of less than 4 hours.</text>
    </level>
    <level label="4">
      <text>If leave is taken on an intermittent leave schedule, an employer may not reduce the total amount of leave to which the covered individual is entitled beyond the amount of leave actually taken.</text>
    </level>
  </level>
</section>
