§ 2619 TITLE 29—LABOR Page 786

(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, §108, Feb. 5, 1993, 107 Stat.

17; Pub. L. 103–382, title III, §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 (§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 (§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.

§ 2619. Notice

(a) In general

Each employer shall post and keep posted, in

conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a

notice, to be prepared or approved by the Secretary, setting forth excerpts from, or summaries of, the pertinent provisions of this subchapter and information pertaining to the filing

of a charge.

(b) Penalty

Any employer that willfully violates this section may be assessed a civil money penalty not

to exceed $100 for each separate offense.

(Pub. L. 103–3, title I, §109, Feb. 5, 1993, 107 Stat.

19.)

SUBCHAPTER II—COMMISSION ON LEAVE

§ 2631. Establishment

There is established a commission to be

known as the Commission on Leave (referred to

in this subchapter as the ‘‘Commission’’).

(Pub. L. 103–3, title III, §301, Feb. 5, 1993, 107

Stat. 23.)

§ 2632. Duties

The Commission shall—

(1) conduct a comprehensive study of—

(A) existing and proposed mandatory and

voluntary policies relating to family and

temporary medical leave, including policies

provided by employers not covered under

this Act;

(B) the potential costs, benefits, and impact on productivity, job creation and business growth of such policies on employers

and employees;

(C) possible differences in costs, benefits,

and impact on productivity, job creation and

business growth of such policies on employers based on business type and size;

(D) the impact of family and medical leave

policies on the availability of employee benefits provided by employers, including employers not covered under this Act;

(E) alternate and equivalent State enforcement of subchapter I of this chapter with respect to employees described in section

2618(a) of this title;

(F) methods used by employers to reduce

administrative costs of implementing family

and medical leave policies;

(G) the ability of the employers to recover,

under section 2614(c)(2) of this title, the premiums described in such section; and

(H) the impact on employers and employees of policies that provide temporary wage