29 U.S.C. § 2618 | Special rules concerning employees of local educational agencies

(a)

Application

(1)

In general

section 2614 of this titleExcept as otherwise provided in this section, the rights (including the rights under , which shall extend throughout the period of leave of any employee under this section), remedies, and procedures under this subchapter shall apply to—

(A)

section 7801 of title 20 any “local educational agency” (as defined in ) and an eligible employee of the agency; and

(B)

any private elementary or secondary school and an eligible employee of the school.

(2)

Definitions

For purposes of the application described in paragraph (1):

(A)

Eligible employee

The term “eligible employee” means an eligible employee of an agency or school described in paragraph (1).

(B)

Employer

The term “employer” means an agency or school described in paragraph (1).

(b)

Leave does not violate certain other Federal laws

20 U.S.C. 1400 section 794 of this title 42 U.S.C. 2000dA local educational agency and a private elementary or secondary school shall not be in violation of the Individuals with Disabilities Education Act ( et seq.), , or title VI of the Civil Rights Act of 1964 ( et seq.), solely as a result of an eligible employee of such agency or school exercising the rights of such employee under this subchapter.

(c)

Intermittent leave or leave on reduced schedule for instructional employees

(1)

In general

section 2612(a)(1) of this title section 2612(a)(3) of this titleSubject to paragraph (2), in any case in which an eligible employee employed principally in an instructional capacity by any such educational agency or school requests leave under subparagraph (C) or (D) of or under that is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20 percent of the total number of working days in the period during which the leave would extend, the agency or school may require that such employee elect either—

(A)

to take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or

(B)

to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified, and that—

(i)

has equivalent pay and benefits; and

(ii)

better accommodates recurring periods of leave than the regular employment position of the employee.

(2)

Application

section 2612(e)(2) of this titleThe elections described in subparagraphs (A) and (B) of paragraph (1) shall apply only with respect to an eligible employee who complies with .

(d)

Rules applicable to periods near conclusion of academic term

The following rules shall apply with respect to periods of leave near the conclusion of an academic term in the case of any eligible employee employed principally in an instructional capacity by any such educational agency or school:

(1)

Leave more than 5 weeks prior to end of term

section 2612 of this titleIf the eligible employee begins leave under more than 5 weeks prior to the end of the academic term, the agency or school may require the employee to continue taking leave until the end of such term, if—

(A)

the leave is of at least 3 weeks duration; and

(B)

the return to employment would occur during the 3-week period before the end of such term.

(2)

Leave less than 5 weeks prior to end of term

section 2612(a)(1) of this title section 2612(a)(3) of this titleIf the eligible employee begins leave under subparagraph (A), (B), or (C) of or under during the period that commences 5 weeks prior to the end of the academic term, the agency or school may require the employee to continue taking leave until the end of such term, if—

(A)

the leave is of greater than 2 weeks duration; and

(B)

the return to employment would occur during the 2-week period before the end of such term.

(3)

Leave less than 3 weeks prior to end of term

section 2612(a)(1) of this title section 2612(a)(3) of this titleIf the eligible employee begins leave under subparagraph (A), (B), or (C) of or under during the period that commences 3 weeks prior to the end of the academic term and the duration of the leave is greater than 5 working days, the agency or school may require the employee to continue to take leave until the end of such term.

(e)

Restoration to equivalent employment position

section 2614(a)(1)(B) of this titleFor purposes of determinations under (relating to the restoration of an eligible employee to an equivalent position), in the case of a local educational agency or a private elementary or secondary school, such determination shall be made on the basis of established school board policies and practices, private school policies and practices, and collective bargaining agreements.

(f)

Reduction of amount of liability

section 2617(a)(1)(A) of this titleIf a local educational agency or a private elementary or secondary school that has violated this subchapter proves to the satisfaction of the court that the agency, school, or department had reasonable grounds for believing that the underlying act or omission was not a violation of this subchapter, such court may, in the discretion of the court, reduce the amount of the liability provided for under to the amount and interest determined under clauses (i) and (ii), respectively, of such section.

Pub. L. 103–3, title I, § 108Feb. 5, 1993107 Stat. 17 Pub. L. 103–382, title III, § 394(e)Oct. 20, 1994108 Stat. 4027 Pub. L. 107–110, title X, § 1076(v)Jan. 8, 2002115 Stat. 2093 Pub. L. 110–181, div. A, title V, § 585(a)(3)(H)Jan. 28, 2008122 Stat. 131 Pub. L. 114–95, title IX, § 9215(hh)Dec. 10, 2015129 Stat. 2175(, , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–230Apr. 13, 197084 Stat. 175 section 1400 of Title 20The Individuals with Disabilities Education Act, referred to in subsec. (b), is title VI of , , , which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see and Tables.

Pub. L. 88–352July 2, 196478 Stat. 241 section 2000a of Title 42The Civil Rights Act of 1964, referred to in subsec. (b), is , , . Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 114–95 section 7801 of title 202015—Subsec. (a)(1)(A). made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 110–181 section 2612(a)(3) of this title section 2612(a)(1) of this title2008—Subsecs. (c)(1), (d)(2), (3). inserted “or under ” after “”.

Pub. L. 107–110 section 7801 of title 20 section 8801 of title 202002—Subsec. (a)(1)(A). substituted “” for “”.

Pub. L. 103–382 section 8801 of title 20 section 2891(12) of title 201994—Subsec. (a)(1)(A). substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.

Effective Date of 2002 Amendment

Pub. L. 107–110Jan. 8, 2002section 5 of Pub. L. 107–110 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as an Effective Date note under , Education.

Effective Date

Feb. 5, 1993Feb. 5, 1993section 405(b) of Pub. L. 103–3 section 2601 of this titleSection effective 6 months after , except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after , see , set out as a note under .