
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-110 Section 1076(v)]
[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 
        8801 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.)

                       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

    1994--Subsec. (a)(1)(A). Pub. L. 103-382 substituted ``section 8801 
of title 20'' for ``section 2891(12) of title 20''.

                  Section Referred to in Other Sections

    This section is referred to in section 2632 of this title.
