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•HRES 1516 IH 
or medical leave rights to employees than the rights estab-
lished by the FMLA. Conversely, the rights established by 
the FMLA, as made applicable by the CAA, may not be 
diminished by any employment benefit program or plan. 
For example, a provision of a collective bargaining agree-
ment (CBA) which provides for reinstatement to a position 
that is not equivalent because of seniority (e.g., provides 
lesser pay) is superseded by FMLA. If an employing office 
provides greater unpaid family leave rights than are af-
forded by FMLA, the employing office is not required to 
extend additional rights afforded by FMLA, such as main-
tenance of health benefits (other than through COBRA 
or 5 U.S.C. 8905a, whichever is applicable), to the addi-
tional leave period not covered by FMLA. 
‘‘(b) Nothing in the FMLA, as made applicable by 
the CAA, prevents an employing office from amending ex-
isting leave and employee benefit programs, provided they 
comply with FMLA, as made applicable by the CAA. How-
ever, nothing in the FMLA, as made applicable by the 
CAA, is intended to discourage employing offices from 
adopting or retaining more generous leave policies. 
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‘‘§ 825.701 øReserved¿ 
‘‘§ 825.702 Interaction with anti-discrimination laws, 
as applied by section 201 of the CAA 
‘‘(a) Nothing in the FMLA modifies or affects any 
applicable law prohibiting discrimination on the basis of 
race, religion, color, national origin, sex, age, or disability 
(e.g., title VII of the Civil Rights Act of 1964, as amended 
by the Pregnancy Discrimination Act and as made appli-
cable by the CAA). FMLA’s legislative history explains 
that FMLA is ‘not intended to modify or affect the Reha-
bilitation Act of 1973, as amended, the regulations con-
cerning employment which have been promulgated pursu-
ant to that statute, or the Americans with Disabilities Act 
of 1990 [as amended] or the regulations issued under that 
act. Thus, the leave provisions of the [FMLA] are wholly 
distinct from the reasonable accommodation obligations of 
employers covered under the [ADA] . . . or the Federal 
government itself. The purpose of the FMLA, as applied 
by the CAA, is to make leave available to eligible employ-
ees and [employing offices] within its coverage, and not 
to limit already existing rights and protection.’ S. Rep. 
No. 3, 103d Cong., 1st Sess. 38 (1993). An employing 
office must therefore provide leave under whichever statu-
tory provision provides the greater rights to employees. 
When an employer violates both FMLA and a discrimina-
tion law, an employee may be able to recover under either 
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•HRES 1516 IH 
or both statutes (double relief may not be awarded for the 
same loss; when remedies coincide a claimant may be al-
lowed to utilize whichever avenue of relief is desired. 
Laffey v. Northwest Airlines, Inc., 567 F.2d 429, 445 
(D.C. Cir. 1976), cert. denied, 434 U.S. 1086 (1978). 
‘‘(b) If an employee is a qualified individual with a 
disability within the meaning of the Americans with Dis-
abilities Act (ADA), as made applicable by the CAA, the 
employing office must make reasonable accommodations, 
etc., barring undue hardship, in accordance with the ADA. 
At the same time, the employing office must afford an em-
ployee his or her FMLA rights, as made applicable by the 
CAA. ADA’s ‘disability’ and FMLA’s ‘serious health con-
dition’ are different concepts, and must be analyzed sepa-
rately. FMLA entitles eligible employees to 12 weeks of 
leave in any 12-month period due to their own serious 
health condition, whereas the ADA allows an indetermi-
nate amount of leave, barring undue hardship, as a rea-
sonable accommodation. FMLA requires employing offices 
to maintain employees’ group health plan coverage during 
FMLA leave on the same conditions as coverage would 
have been provided if the employee had been continuously 
employed during the leave period, whereas ADA does not 
require maintenance of health insurance unless other em-
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•HRES 1516 IH 
ployees receive health insurance during leave under the 
same circumstances. 
‘‘(c)(1) A reasonable accommodation under the ADA 
might be accomplished by providing an individual with a 
disability with a part-time job with no health benefits, as-
suming the employing office did not ordinarily provide 
health insurance for part-time employees. However, 
FMLA would permit an employee to work a reduced leave 
schedule until the equivalent of 12 workweeks of leave 
were used, with group health benefits maintained during 
this period. FMLA permits an employing office to tempo-
rarily transfer an employee who is taking leave intermit-
tently or on a reduced leave schedule to an alternative po-
sition, whereas the ADA allows an accommodation of reas-
signment to an equivalent, vacant position only if the em-
ployee cannot perform the essential functions of the em-
ployee’s present position and an accommodation is not 
possible in the employee’s present position, or an accom-
modation in the employee’s present position would cause 
an undue hardship. The examples in the following para-
graphs of this section demonstrate how the two laws would 
interact with respect to a qualified individual with a dis-
ability. 
‘‘(2) A qualified individual with a disability who 
is also an eligible employee entitled to FMLA leave 
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•HRES 1516 IH 
requests 10 weeks of medical leave as a reasonable 
accommodation, which the employing office grants 
because it is not an undue hardship. The employing 
office advises the employee that the 10 weeks of 
leave is also being designated as FMLA leave and 
will count towards the employee’s FMLA leave enti-
tlement. This designation does not prevent the par-
ties from also treating the leave as a reasonable ac-
commodation and reinstating the employee into the 
same job, as required by the ADA, rather than an 
equivalent position under FMLA, if that is the 
greater right available to the employee. At the same 
time, the employee would be entitled under FMLA 
to have the employing office maintain group health 
plan coverage during the leave, as that requirement 
provides the greater right to the employee. 
‘‘(3) If the same employee needed to work part- 
time (a reduced leave schedule) after returning to 
his or her same job, the employee would still be enti-
tled under FMLA to have group health plan cov-
erage maintained for the remainder of the two-week 
equivalent of FMLA leave entitlement, notwith-
standing an employing office policy that part-time 
employees do not receive health insurance. This em-
ployee would be entitled under the ADA to reason-
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•HRES 1516 IH 
able accommodations to enable the employee to per-
form the essential functions of the part-time posi-
tion. In addition, because the employee is working a 
part-time schedule as a reasonable accommodation, 
the FMLA’s provision for temporary assignment to 
a different alternative position would not apply. 
Once the employee has exhausted his or her remain-
ing FMLA leave entitlement while working the re-
duced (part-time) schedule, if the employee is a 
qualified individual with a disability, and if the em-
ployee is unable to return to the same full-time posi-
tion at that time, the employee might continue to 
work part-time as a reasonable accommodation, bar-
ring undue hardship; the employee would then be en-
titled to only those employment benefits ordinarily 
provided by the employing office to part-time em-
ployees. 
‘‘(4) At the end of the FMLA leave entitlement, 
an employing office is required under FMLA to rein-
state the employee in the same or an equivalent po-
sition, with equivalent pay and benefits, to that 
which the employee held when leave commenced. The 
employing office’s FMLA obligations would be satis-
fied if the employing office offered the employee an 
equivalent full-time position. If the employee were 
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•HRES 1516 IH 
unable to perform the essential functions of that 
equivalent position even with reasonable accommoda-
tion, because of a disability, the ADA may require 
the employing office to make a reasonable accommo-
dation at that time by allowing the employee to work 
part-time or by reassigning the employee to a vacant 
position, barring undue hardship. 
‘‘(d)(1) If FMLA entitles an employee to leave, an 
employing office may not, in lieu of FMLA leave entitle-
ment, require an employee to take a job with a reasonable 
accommodation. However, ADA may require that an em-
ploying office offer an employee the opportunity to take 
such a position. An employing office may not change the 
essential functions of the job in order to deny FMLA 
leave. See 825.220(b). 
‘‘(2) An employee may be on a workers’ com-
pensation absence due to an on-the-job injury or ill-
ness which also qualifies as a serious health condi-
tion under FMLA. The workers’ compensation ab-
sence and FMLA leave may run concurrently (sub-
ject to proper notice and designation by the employ-
ing office). At some point the health care provider 
providing medical care pursuant to the workers’ 
compensation injury may certify the employee is able 
to return to work in a light duty position. If the em-
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•HRES 1516 IH 
ploying office offers such a position, the employee is 
permitted but not required to accept the position. 
See 825.220(d). As a result, the employee may no 
longer qualify for payments from the workers’ com-
pensation benefit plan, but the employee is entitled 
to continue on unpaid FMLA leave either until the 
employee is able to return to the same or equivalent 
job the employee left or until the 12-week FMLA 
leave entitlement is exhausted. See 825.207(e). If 
the employee returning from the workers’ compensa-
tion injury is a qualified individual with a disability, 
he or she will have rights under the ADA, as made 
applicable by the CAA. 
‘‘(e) If an employing office requires certifications of 
an employee’s fitness for duty to return to work, as per-
mitted by FMLA under a uniform policy, it must comply 
with the ADA requirement that a fitness for duty physical 
be job-related and consistent with business necessity. 
‘‘(f) Under Title VII of the Civil Rights Act of 1964, 
as amended by the Pregnancy Discrimination Act, and as 
made applicable by the CAA, an employing office should 
provide the same benefits for women who are pregnant 
as the employing office provides to other employees with 
short-term disabilities. Because Title VII does not require 
employees to be employed for a certain period of time to 
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•HRES 1516 IH 
be protected, an employee employed for less than 12 
months by the employing office may not be denied mater-
nity leave if the employing office normally provides short- 
term disability benefits to employees with the same tenure 
who are experiencing other short-term disabilities. 
‘‘(g) Under the Uniformed Services Employment and 
Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 
4301, et seq., veterans are entitled to receive all rights 
and benefits of employment that they would have obtained 
if they had been continuously employed. Therefore, under 
USERRA, a returning servicemember would be eligible for 
FMLA leave if the months and hours that he or she would 
have worked for the civilian employing office during the 
period of absence due to or necessitated by USERRA-cov-
ered service, combined with the months employed and the 
hours actually worked, meet the FMLA eligibility thresh-
old of 12 months of employment and the hours of service 
requirement. See 825.110(b)(2)(i) and (c)(2) and 
825.802(c). 
‘‘(h) For further information on Federal antidiscrimi-
nation laws applied by section 201 of the CAA (2 U.S.C. 
1311), including Title VII, the Rehabilitation Act, and the 
ADA, individuals are encouraged to contact the Office of 
Congressional Workplace Rights. 
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•HRES 1516 IH 
‘‘Subpart H—øReserved¿’’. 
SEC. 2. APPROVAL OF REGULATIONS RELATING TO FAIR 
LABOR STANDARDS ACT. 
(a) IN GENERAL.—The regulations described in sub-
section (b) are hereby approved, insofar as such regula-
tions apply to covered employees of the House of Rep-
resentatives under the Congressional Accountability Act of 
1995 and to the extent such regulations are consistent 
with the provisions of such Act. 
(b) REGULATIONS APPROVED.—The regulations de-
scribed in this subsection are the regulations issued by the 
Office of Congressional Workplace Rights on September 
28, 2022, under section 203(c)(2) of the Congressional 
Accountability Act of 1995 to implement section 203 of 
such Act (relating to the application of overtime require-
ments under the Fair Labor Standards Act of 1938), as 
published in the Congressional Record on September 28, 
2022 (Volume 168, daily edition) on pages H8203 through 
H8217, and stated as follows: 
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•HRES 1516 IH 
‘‘PART 541—DEFINING AND DELIMITING THE EX-
EMPTIONS FOR EXECUTIVE, ADMINISTRA-
TIVE, PROFESSIONAL, AND COMPUTER øAND 
OUTSIDE SALES¿ EMPLOYEES 
‘‘Subpart A—General Regulations (§§541.0-541.4) 
‘‘§ 541.0 Introductory statement 
‘‘(a) Section 13(a)(1) of the Fair Labor Standards 
Act, as amended, provides an exemption from the Act’s 
minimum wage and overtime requirements for any em-
ployee employed in a bona fide executive, administrative, 
or professional capacity (including any employee employed 
in the capacity of academic administrative personnel or 
teacher in elementary or secondary schools)ø, or in the 
capacity of an outside sales employee, as such terms are 
defined and delimited from time to time by regulations 
of the Secretary, subject to the provisions of the Adminis-
trative Procedure Act.¿<< and applies to covered employ-
ees by virtue of section 225(e)(1) of the CAA, as amended, 
2 U.S.C. 1361(e)(1).>> Section 13(a)(17) of the Act pro-
vides an exemption from the minimum wage and overtime 
requirements for computer systems analysts, computer 
programmers, software engineers, and other similarly 
skilled computer employees << and applies to covered 
employees by virtue of section 225(e)(1) of the CAA, as 
amended, 2 U.S.C. 1361(e)(1)>>. 
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•HRES 1516 IH 
‘‘(b) The requirements for these exemptions are con-
tained in this part as follows: executive employees, subpart 
B; administrative employees, subpart C; professional em-
ployees, subpart D; computer employees, subpart Eø; out-
side sales employees, subpart F¿. Subpart G contains reg-
ulations regarding salary requirements applicable to most 
of the exemptions, including salary levels and the salary 
basis test. Subpart G also contains a provision for exempt-
ing certain highly compensated employees. Subpart H con-
tains definitions and other miscellaneous provisions appli-
cable to all or several of the exemptions. 
‘‘(c) Effective July 1, 1972, the Fair Labor Stand-
ards Act was amended to include within the protection of 
the equal pay provisions those employees exempt from the 
minimum wage and overtime pay provisions as bona fide 
executive, administrative, and professional employees (in-
cluding any employee employed in the capacity of aca-
demic administrative personnel or teacher in elementary 
or secondary schools)ø, or in the capacity of an outside 
sales employee under section 13(a)(1) of the Act¿. The 
equal pay provisions in section 6(d) of the Fair Labor 
Standards Act are administered and enforced by the 
øUnited States Equal Employment Opportunity Commis-
sion¿<<Office of Congressional Workplace Rights>>. 
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•HRES 1516 IH 
‘‘§ 541.1 Terms used in regulations 
‘‘Act means the Fair Labor Standards Act of 1938, 
as amended. øAdministrator means the Administrator of 
the Wage and Hour Division, United States Department 
of Labor. The Secretary of Labor has delegated to the 
Administrator the functions vested in the Secretary under 
sections 13(a)(1) and 13(a)(17) of the Fair Labor Stand-
ards Act.¿ <<CAA means Congressional Accountability 
Act of 1995, as amended. Office means the Office of Con-
gressional Workplace Rights. Employee means a ‘covered 
employee’ as defined in section 101(a)(3) through (a)(8) 
of the CAA, 2 U.S.C. 1301(a)(3) through (a)(8), but not 
an ‘intern’ as defined in section 203(a)(2) of the CAA, 
2 U.S.C. 1313(a)(2). Employer, company, business, or en-
terprise each mean an ‘employing office’ as defined in sec-
tion 101(a)(9) of the CAA, 2 U.S.C. 1301(a)(9).>> 
‘‘§ 541.2 Job titles insufficient 
‘‘A job title alone is insufficient to establish the ex-
empt status of an employee. The exempt or nonexempt 
status of any particular employee must be determined on 
the basis of whether the employee’s salary and duties meet 
the requirements of the regulations in this part. 
‘‘§ 541.3 Scope of the section 13(a)(1) exemptions 
‘‘(a) The section 13(a)(1) exemptions and the regula-
tions in this part do not apply to manual laborers or other 
‘blue collar’ workers who perform work involving repetitive 
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•HRES 1516 IH 
operations with their hands, physical skill and energy. 
Such nonexempt ‘blue collar’ employees gain the skills and 
knowledge required for performance of their routine man-
ual and physical work through apprenticeships and on-the- 
job training, not through the prolonged course of special-
ized intellectual instruction required for exempt learned 
professional employees such as medical doctors, architects 
and archeologists. Thus, for example, non-management 
production-line employees and non-management employ-
ees in maintenance, construction and similar occupations 
such as carpenters, electricians, mechanics, plumbers, iron 
workers, craftsmen, operating engineers, longshoremen, 
construction workers and laborers are entitled to min-
imum wage and overtime premium pay under the Fair 
Labor Standards Act, and are not exempt under the regu-
lations in this part no matter how highly paid they might 
be. 
‘‘(b)(1) The section 13(a)(1) exemptions and the reg-
ulations in this part also do not apply to police officers, 
detectives, ødeputy sheriffs, state troopers, highway patrol 
officers,¿ investigators, inspectors, øcorrectional officers, 
parole or probation officers,¿ park rangers, fire fighters, 
paramedics, emergency medical technicians, ambulance 
personnel, rescue workers, hazardous materials workers 
and similar employees, regardless of rank or pay level, who 
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•HRES 1516 IH 
perform work such as preventing, controlling or extin-
guishing fires of any type; rescuing fire, crime or accident 
victims; preventing or detecting crimes; conducting inves-
tigations or inspections for violations of law; performing 
surveillance; pursuing, restraining and apprehending sus-
pects; detaining or supervising suspected and convicted 
criminals, including those on probation or parole; inter-
viewing witnesses; interrogating and fingerprinting sus-
pects; preparing investigative reports; or other similar 
work. 
‘‘(2) Such employees do not qualify as exempt execu-
tive employees because their primary duty is not manage-
ment of the øenterprise¿ <<employing office>> in 
which the employee is employed or a customarily recog-
nized department or subdivision thereof as required under 
§541.100. Thus, for example, a police officer or fire fight-
er whose primary duty is to investigate crimes or fight 
fires is not exempt under section 13(a)(1) of the Act mere-
ly because the police officer or fire fighter also directs the 
work of other employees in the conduct of an investigation 
or fighting a fire. 
‘‘(3) Such employees do not qualify as exempt admin-
istrative employees because their primary duty is not the 
performance of work directly related to the management 
or general business operations of the employer or the em-
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•HRES 1516 IH 
ployer’s customers<<, constituents or stakeholders>> as 
required under §541.200. 
‘‘(4) Such employees do not qualify as exempt profes-
sionals because their primary duty is not the performance 
of work requiring knowledge of an advanced type in a field 
of science or learning customarily acquired by a prolonged 
course of specialized intellectual instruction or the per-
formance of work requiring invention, imagination, origi-
nality or talent in a recognized field of artistic or creative 
endeavor as required under §541.300. Although some po-
lice officers, fire fighters, paramedics, emergency medical 
technicians and similar employees have college degrees, a 
specialized academic degree is not a standard prerequisite 
for employment in such occupations. 
‘‘§ 541.4 Other laws and collective bargaining agree-
ments 
‘‘The Fair Labor Standards Act provides minimum 
standards that may be exceeded, but cannot be waived or 
reduced. Employers must comply, for example, with any 
Federalø, State or municipal¿ laws, regulations or ordi-
nances establishing a higher minimum wage or lower max-
imum workweek than those established under the Act. 
Similarly, employers, on their own initiative or under a 
collective bargaining agreement with a labor union, are not 
precluded by the Act from providing a wage higher than 
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