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2 U.S.C. § 1417Option to request remote work assignment or paid leave of absence during pendency of procedures

submitted 8 years ago by Pub. L. 104-1 to r/title-2-THE-CONGRESS · 365 words · no verdicts yet

in plain englishAI-generated · not legal advice

During proceedings on certain workplace claims, a covered employee may request remote work or paid leave to reduce contact with the alleged violator. The employing office must avoid retaliation, but the options do not apply when inconsistent with a collective bargaining agreement.

(a) (1) While procedures under this subchapter are pending, an employing office may, at the request of a covered employee who filed a claim alleging a part A, subchapter II violation, allow the employee to work remotely instead of at the office if doing so materially reduces interaction with anyone alleged to have committed the violation. This is called “permitting a remote work assignment”; this section does not define that term beyond this description. (2) If the office decides the employee cannot perform the duties remotely, or remote work would not have that effect, it may grant paid leave, grant both paid leave and remote work, or make another workplace adjustment or permit remote work that reduces those interactions. (3) The office may not grant the request in a way that violates section 1317. (4) The office may not require the employee to use accrued paid vacation or personal leave instead of leave granted here. (b) Subsection (a) does not apply to the extent it conflicts with an effective collective bargaining agreement covering the employing office.
the actual law source: uscode.house.gov ↗public domain
(a) Options for employees
(1) Remote work assignment

At the request of a covered employee who files a claim alleging a violation of part A of subchapter II by the covered employee’s employing office, during the pendency of any of the procedures available under this subchapter for consideration of the claim, the employing office may permit the covered employee to carry out the employee’s responsibilities from a remote location (referred to in this section as “permitting a remote work assignment”) where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation, instead of from a location of the employing office.

(2) Exception for work assignments required to be carried out onsite

If, in the determination of the covered employee’s employing office, a covered employee who makes a request under this subsection cannot carry out the employee’s responsibilities from a remote location or such relocation would not have the effect described in paragraph (1), the employing office may during the pendency of the procedures described in paragraph (1)—

(A)

grant a paid leave of absence to the covered employee;

(B)

permit a remote work assignment and grant a paid leave of absence to the covered employee; or

(C)

make another workplace adjustment, or permit a remote work assignment, that would have the effect of reducing interactions between the covered employee and any person alleged to have committed the violation described in paragraph (1).

(3) Ensuring no retaliation

An employing office may not grant a covered employee’s request under this subsection in a manner which would constitute a violation of section 1317 of this title.

(4) No impact on vacation or personal leave

In granting leave for a paid leave of absence under this section, an employing office shall not require the covered employee to substitute, for that leave, any of the accrued paid vacation or personal leave of the covered employee.

(b) Exception for arrangements subject to collective bargaining agreements

Subsection (a) does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office.

Source credit: (Pub. L. 104–1, title IV, § 417, as added Pub. L. 115–397, title I, § 113(a), Dec. 21, 2018, 132 Stat. 5313.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 104-1 · 132 Stat. 5313

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-1 on 2018-12-21.

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