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Title 29 — Labor

Chapter 28 — Family and Medical Leave

§ 2618. Special rules concerning employees of local educational agencies

Statutory text

(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 or under section 2612(a)(3) 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 or under section 2612(a)(3) 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 or under section 2612(a)(3) 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–3 title I § 108 · 107 Stat. 6

    Enacted · 29 U.S.C. § 2618

    Pub. L. 103–3, title I, § 108, Feb. 5, 1993, 107 Stat. 17

    Source evidence

    Code source credit
    Pub. L. 103–3, title I, § 108, Feb. 5, 1993, 107 Stat. 17

    Enacted provision · exact public law section
    SEC. 108. 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 104, which shall extend throughout the period of leave of any employee under this section), remedies, and procedures under this title shall apply to— (A) any “local educational agency” (as defined in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12))) 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 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 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 title. (c) Intermittent Leave or Leave on a 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 102(a)(1) 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 suoparagraphs (A) and (B) of paragraph (1) shall apply only with respect to an eligible employee who complies with section 102(e)(2). (d) Rules Applicable to Periods Near the Conclusion of an 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 102 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 102(a)(1) 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 102(a)(1) 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 104(a)(1)(B) (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 the Amount of Liability.— If a local educational agency or a private elementary or secondary school that has violated this title 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 title, such court may, in the discretion of the court, reduce the amount of the liability provided for under section 107(a)(1)(A) to the amount and interest determined under clauses (i) and (ii), respectively, of such section.

  2. Improving America’s Schools Act of 1994

    Pub. L. 103–382 title III § 394(e) · 108 Stat. 3518

    Substituted · 29 U.S.C. § 2618(a)(1)(A)

    Pub. L. 103–382 substituted “section 8801 of title 20” for “section 2891(12) of title 20”

    Source evidence

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

    Enacted provision · exact public law section
    (e) Family and Medical Leave Act of 1993.— Subparagraph (A) of section 108(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(l)(A)) is amended by striking “section 1471(12)” and inserting “section 14101”.

  3. Pub. L. 107–110 title X § 1076(v) · 115 Stat. 1425

    Substituted · 29 U.S.C. § 2618(a)(1)(A)

    Pub. L. 107–110 substituted “section 7801 of title 20” for “section 8801 of title 20”

    Source evidence

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

    Enacted provision · exact public law section
    (v) Family and Medical Leave Act of 1993.— Section 108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 2891(12))”.

  4. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title V § 585(a)(3)(H) · 122 Stat. 3

    Inserted · 29 U.S.C. § 2618(c)(1); 29 U.S.C. § 2618(d)(2); 29 U.S.C. § 2618(c)(3)

    Pub. L. 110–181 inserted “or under section 2612(a)(3) of this title” after “section 2612(a)(1) of this title”

    Source evidence

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

    Enacted provision · exact public law section
    (H) Instructional employees.— Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting “or under section 102(a)(3)” after “section 102(a)(1)”.

  5. Every Student Succeeds Act

    Pub. L. 114–95 title IX § 9215(hh) · 129 Stat. 1802

    Changed · 29 U.S.C. § 2618(a)(1)(A)

    Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

    Enacted provision · exact public law section
    (hh) Family and Medical Leave Act of 1993.— Section 108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”.

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

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (b), is title VI of Pub. L. 91–230, , 84 Stat. 175, which is classified generally to chapter 33 (§ 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, , 78 Stat. 241. 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 section 2000a of Title 42 and Tables.

Amendments1994–2015 · 4 rounds

2015

Subsec. (a)(1)(A). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2008

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

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

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

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective , 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.

Effective Date

Section 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 section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.

Credits

1993–2015 · 5 acts
  1. 1993Pub. L. 103–3, title I, § 108, , 107 Stat. 17
  2. 1994Pub. L. 103–382, title III, § 394(e), , 108 Stat. 4027
  3. 2002Pub. L. 107–110, title X, § 1076(v), , 115 Stat. 2093
  4. 2008Pub. L. 110–181, div. A, title V, § 585(a)(3)(H), , 122 Stat. 131
  5. 2015Pub. L. 114–95, title IX, § 9215(hh), , 129 Stat. 2175.
Show as published

(Pub. L. 103–3, title I, § 108, , 107 Stat. 17; Pub. L. 103–382, title III, § 394(e), , 108 Stat. 4027; Pub. L. 107–110, title X, § 1076(v), , 115 Stat. 2093; Pub. L. 110–181, div. A, title V, § 585(a)(3)(H), , 122 Stat. 131; Pub. L. 114–95, title IX, § 9215(hh), , 129 Stat. 2175.)

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