§ 2618. — Special rules concerning employees of local educational agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2618]
TITLE 29--LABOR
CHAPTER 28--FAMILY AND MEDICAL LEAVE
SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
Sec. 2618. Special rules concerning employees of local
educational agencies
(a) Application
(1) In general
Except as otherwise provided in this section, the rights
(including the rights under section 2614 of this title, which shall
extend throughout the period of leave of any employee under this
section), remedies, and procedures under this subchapter shall apply
to--
(A) any ``local educational agency'' (as defined in section
7801 of title 20) 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
A local educational agency and a private elementary or secondary
school shall not be in violation of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), section 794 of this title, or
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 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
Subject 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 section 2612(a)(1) of this title 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
The elections described in subparagraphs (A) and (B) of
paragraph (1) shall apply only with respect to an eligible employee
who complies with section 2612(e)(2) of this title.
(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
If the eligible employee begins leave under section 2612 of this
title 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
If the eligible employee begins leave under subparagraph (A),
(B), or (C) of section 2612(a)(1) of this title 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
If the eligible employee begins leave under subparagraph (A),
(B), or (C) of section 2612(a)(1) of this title 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
For purposes of determinations under section 2614(a)(1)(B) of this
title (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
If 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 section 2617(a)(1)(A) of
this title to the amount and interest determined under clauses (i) and
(ii), respectively, of such section.
(Pub. L. 103-3, title I, Sec. 108, Feb. 5, 1993, 107 Stat. 17; Pub. L.
103-382, title III, Sec. 394(e), Oct. 20, 1994, 108 Stat. 4027; Pub. L.
107-110, title X, Sec. 1076(v), Jan. 8, 2002, 115 Stat. 2093.)
References in Text
The Individuals with Disabilities Education Act, referred to in
subsec. (b), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175,
as amended, which is classified generally to chapter 33 (Sec. 1400 et
seq.) of Title 20, Education. For complete classification of this Act to
the Code, see section 1400 of Title 20 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L.
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is
classified generally to subchapter V (Sec. 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 section
2000a of Title 42 and Tables.
Amendments
2002--Subsec. (a)(1)(A). Pub. L. 107-110 substituted ``section 7801
of title 20'' for ``section 8801 of title 20''.
1994--Subsec. (a)(1)(A). Pub. L. 103-382 substituted ``section 8801
of title 20'' for ``section 2891(12) of title 20''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in section 2632 of this title.
