Page 785 TITLE 29—LABOR § 2618

action may be brought within 3 years of the

date of the last event constituting the alleged

violation for which such action is brought.

(3) Commencement

In determining when an action is commenced by the Secretary under this section

for the purposes of this subsection, it shall be

considered to be commenced on the date when

the complaint is filed.

(d) Action for injunction by Secretary

The district courts of the United States shall

have jurisdiction, for cause shown, in an action

brought by the Secretary—

(1) to restrain violations of section 2615 of

this title, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible

employees; or

(2) to award such other equitable relief as

may be appropriate, including employment,

reinstatement, and promotion.

(e) Solicitor of Labor

The Solicitor of Labor may appear for and represent the Secretary on any litigation brought

under this section.

(f) General Accounting Office and Library of

Congress

In the case of the General Accounting Office

and the Library of Congress, the authority of

the Secretary of Labor under this subchapter

shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress.

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

15; Pub. L. 104–1, title II, §202(c)(1)(B), Jan. 23,

1995, 109 Stat. 9.)

AMENDMENTS

1995—Subsec. (f). Pub. L. 104–1 added subsec. (f).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104–1 effective one year after

transmission to Congress of the study under section

1371 of Title 2, The Congress, see section 1312(e)(2) of

Title 2. The study required under section 1371 of Title

2, dated Dec. 31, 1996, was transmitted to Congress by

the Board of Directors of the Office of Compliance on

Dec. 30, 1996.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2616, 2618 of this

title; title 2 section 1312; title 3 section 412.

§ 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—
§ 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