Sec. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993
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## SEC. 202 RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993 **[**[2 U.S.C. 1312](/us/usc/t2/s1312)**]** ###
(a)Family and Medical Leave Rights and Protections Provided ####
(1)In general The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered employees. In applying section 102 of such Act with respect to leave for an event described in subsection (a)(1)(A) or
(B)of such section to covered employees, subsection
(d)of this section shall apply. Paragraphs
(1)and
(4)of section 102(a) of such Act shall be subject to subsection
(d)of this section. ####
(2)Definition For purposes of the application described in paragraph (1)— #####
(A)the term “**employer**” as used in the Family and Medical Leave Act of 1993 means any employing office, and #####
(B)the term “**eligible employee**” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months. The requirements of subparagraph
(B)shall not apply with respect to leave under subparagraph
(A)or
(B)of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)). ###
(b)Remedy The remedy for a violation of subsection
(a)shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph
(1)of section 107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)). ###
(c)Application to General Accounting Office and Library of Congress ####
(1)Amendments to the family and medical leave act of 1993 #####
(A)Coverage Section 101(4)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)) is amended by striking “ and ” at the end of clause (ii), by striking the period at the end of clause
(iii)and inserting “ ; and ”, and by adding after clause
(iii)the following: > > ###### “(iv) > > includes the General Accounting Office and the Library of Congress.” > . #####
(B)Enforcement Section 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617) is amended by adding at the end the following: > > ### “(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 title shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress.” > . ####
(2)Conforming amendment to title 5, united states code Section 6381(1)(A) of title 5, United States Code, is amended by striking “and” after “District of Columbia” and inserting before the semicolon the following: “, and any employee of the General Accounting Office or the Library of Congress”. ###
(d)Special Rule for Paid Parental Leave ####
(1)Substitution of paid leave A covered employee may elect to substitute for any leave without pay under subparagraph
(A)or
(B)of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose. ####
(2)Amount of paid leave The paid leave that is available to a covered employee for purposes of paragraph
(1)is— #####
(A)the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5, United States Code; and #####
(B)during the 12-month period referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the administrative workweeks described in subparagraph (A), any additional paid vacation, personal, family, medical, or accrued sick leave provided by the employing office to such employee. ####
(3)Limitation Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be considered to require or permit an employing office to require that an employee first use all or any portion of the leave described in paragraph (2)(B) before being allowed to use the paid parental leave described in paragraph (2)(A). ####
(4)Additional rules Paid parental leave under paragraph (2)(A)— #####
(A)shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; #####
(B)if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use; and #####
(C)shall apply without regard to the limitations in subparagraph (E), (F), or
(G)of section 6382(d)(2) of title 5, United States Code, or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)). ###
(e)Regulations ####
(1)In general The Board shall, pursuant to section 304, issue regulations to implement the rights and protections under this section. ####
(2)Agency regulations The regulations issued under paragraph
(1)shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection
(a)except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. ###
(f)Effective Date ####
(1)In general Subsections
(a)and
(b)shall be effective 1 year after the date of the enactment of this Act. ####
(2)General accounting office and library of congress Subsection
(c)shall be effective 1 year after transmission to the Congress of the study under section 230.
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Sec. 202
RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993
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