29 USC 2618 - Special rules concerning employees of local educational agencies

U.S Code last checked for updates: May 07, 2024

§ 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

(B)

Employer

(b)

Leave does not violate certain other Federal laws

(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

(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

(e)

Restoration to equivalent employment position

(f)

Reduction of amount of liability

(Pub. L. 103–3, title I, § 108, Feb. 5, 1993, 107 Stat. 17; Pub. L. 103–382, title III, § 394(e), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 107–110, title X, § 1076(v), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 110–181, div. A, title V, § 585(a)(3)(H), Jan. 28, 2008, 122 Stat. 131; Pub. L. 114–95, title IX, § 9215(hh), Dec. 10, 2015, 129 Stat. 2175.)

cite as: 29 USC 2618