; (2) by amending paragraph (1) to read as follows: (1) Employee election (A) In general An employee may elect to substitute any vacation leave, personal leave, or medical or sick leave for paid leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B). (B) Employer requirement An employer may not require an employee to substitute any leave described in subparagraph (A) for leave under section 102(a)(1)(F). (C) Relationship to other family and medical leave Leave taken under subparagraph (F) of section 102(a)(1) shall not count towards the 12 weeks of leave to which an employee is entitled under subparagraphs (A) through (E) of such section. (D) Relationship to limitation PRESUMPTION OF ELIGIBILITY FOR for any vacation leave, personal leave, or medical or sick leave that is substituted for leave under section 102(a)(1)(F) shall not count toward the limitation under paragraph (2)(B)(ii). ; and (3) in paragraph (2)(A), by striking that an employee takes and all that follows through 10 days . 107. Wage rate Section 110(b)(2)(B) is amended— (1) by amending clause (i)(I) to read as follows: (I) an amount that is not less than the greater of— (aa) the minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); (bb) the minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed; or (cc) two thirds of an employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207(e) ); and