Chapter 24, Subchapter II, Part A—, Section 1312, Subsection (d) · 2 U.S.C. Chapter 24 — CONGRESSIONAL ACCOUNTABILITY

Contents

(d)

(1)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)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; 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)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)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 or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 29

Show every defined term

applicable Committee
means—
Board
means the Board of Directors of the Office of Congressional Workplace Rights.
Chair
means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
China Review Commission
means the United States-China Economic and Security Review Commission established under section 7002 of title 22, as enacted into law by section 1 of Public Law 106–398;
claimant
means an individual who received an award or settlement, or who made an allegation of a violation against an employing office, under part A of subchapter II.
Congressional-Executive China Commission
means the Congressional–Executive Commission on the People’s Republic of China established under title III of the U.S.–China Relations Act of 2000 (Public Law 106–286;
covered employee
means any employee of—
direct Act
means an Act (other than this Act), or provision of the Revised Statutes, that is specified in section 1311, 1312, or 1313 of this title.
direct provision
means a provision (including a definitional provision) of a direct Act that applies the rights or protections of a direct Act (including rights and protections relating to nonretaliation or noncoercion) to a Library claimant.
eligible employee
means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38, whose service has not been terminated upon occurrence of any of the events enumerated in section 4304 of title 38,
employee
includes an applicant for employment and a former employee.
employee of the Capitol Police
includes any member or officer of the Capitol Police.
employee of the House of Representatives
includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the House of Representatives, or any employment position in an entity that is paid with funds derived from the clerk-hire allowance of the House of Representatives but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).
employee of the Office of the Architect of the Capitol
includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
employee of the Senate
includes any employee whose pay is disbursed by the Secretary of the Senate, but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).
employing office
means—
Executive Director
means the Executive Director of the Office of Congressional Workplace Rights.
General Counsel
means the General Counsel of the Office of Congressional Workplace Rights.
Helsinki Commission
means the Commission on Security and Cooperation in Europe established under the Act entitled “An Act to establish a Commission on Security and Cooperation in Europe”, approved June 3, 1976 (Public Law 94–304;
intern
means an individual who performs service for an employing office which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress.
Library claimant
means, with respect to a direct provision, an employee of the Library of Congress who is covered by that direct provision.
Library visitor
means an individual who is eligible to bring a claim for a violation under title II or III of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131 et seq., 12181 et seq.] (other than a violation for which the exclusive remedy is under section 1311 of this title) against the Library of Congress.
non-Federal position
means a position other than the position of an employee, as defined in section 2105(a) of title 5.
Office
means the Office of Congressional Workplace Rights.
Office of House Employment Counsel of the House of Representatives
means—
payroll administrator
means—
public entity
means any entity listed in subsection (a) that provides public services, programs, or activities.
senior staff
means any individual who, at the time a violation occurred, was required to file a report under title I of the Ethics in Government Act of 1978 (5 U.S.C.
United States Commission on International Religious Freedom
means the Commission established under section 6431 of title 22.