Page:United States Statutes at Large Volume 107 Part 1.djvu/39

 PUBLIC LAW 103-3 —FEB. 5, 1993 107 STAT. 13 (A) the accrual of any seniority or employment benefits during any period of leave; or (B) 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. (4) CERTIFICATION.— As a condition of restoration under paragraph (1) for an employee who has taken leave under section 102(a)(l)(D), the employer may have a imiformly 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, except that nothing in this paragraph shall supersede a valid State or local law or a collective bargaining agreement that governs the return to work of such employees. (5) CONSTRUCTION.— Nothing in this subsection shall be construed to prohibit an employer from requiring an employee on leave under section 102 to report periodically to the employer on the status and intention of the employee to return to work. (b) EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED EMPLOYEES. — (1) DENIAL OF RESTORATION.— An employer may deny restoration under subsection (a) to any eligible employee described in paragraph (2) if— (A) such denial is necessary to prevent substential and grievous economic injury to the operations of the employer; (B) the employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such iiyury would occur; and (C) in any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice. (2) AFFECTED EMPLOYEES.—An eligible employee described ' in paragraph (1) is a salaried eligible employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed. (c) MAINTENANCE OF HEALTH BENEFITS. — (1) COVERAGE.— Except as provided in paragraph (2), during any period that an eligible employee takes leave under section 102, the employer shall maintoin coverage under any "group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. (2) FAILURE TO RETURN FROM LEAVE.— The employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of impaid leave under section 102 if— (A) the employee fails to return from leave under section 102 after the period of leave to which the employee is entitled has expired; and (B) the employee fails to return to work for a reason other than—

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