Options for employees
Remote work assignment
At the request of a covered employee who files a claim alleging a violation of part A of subchapter II by the covered employee’s employing office, during the pendency of any of the procedures available under this subchapter for consideration of the claim, the employing office may permit the covered employee to carry out the employee’s responsibilities from a remote location (referred to in this section as “permitting a remote work assignment”) where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation, instead of from a location of the employing office.
Exception for work assignments required to be carried out onsite
Ensuring no retaliation
section 1317 of this titleAn employing office may not grant a covered employee’s request under this subsection in a manner which would constitute a violation of .
No impact on vacation or personal leave
In granting leave for a paid leave of absence under this section, an employing office shall not require the covered employee to substitute, for that leave, any of the accrued paid vacation or personal leave of the covered employee.
Exception for arrangements subject to collective bargaining agreements
Subsection (a) does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office.
Pub. L. 104–1, title IV, § 417Pub. L. 115–397, title I, § 113(a)132 Stat. 5313(, as added , , .)
Editorial Notes
References in Text
Pub. L. 104–1109 Stat. 7Part A of subchapter II, referred to in subsec. (a)(1), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of , , , which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective Date
section 401 of Pub. L. 115–397section 1301 of this titleSection effective upon expiration of the 180-day period beginning on , with provisions for effect on pending proceedings, see , set out as an Effective Date of 2018 Amendment note under .