29 U.S.C. § 2618 — Special rules concerning employees of local educational agencies

(a) Application. (1) Generally. Unless this section says otherwise, this subchapter’s rights, including section 2614 rights throughout the employee’s leave, remedies, and procedures apply to (A) a “local educational agency” and its eligible employee^*, and (B) a private elementary or secondary school and its eligible employee. This section does not define those quoted terms; it refers to the definitions in section 7801 of title 20. (2) Definitions. For paragraph (1), “eligible employee” means an eligible employee of such an agency or school, and “employer” means such an agency or school. (b) No violation of certain Federal laws. A local educational agency or private elementary or secondary school does not violate the Individuals with Disabilities Education Act, section 794, or title VI of the Civil Rights Act solely because an eligible employee exercises rights under this subchapter. (c) Intermittent or reduced-schedule leave for instructional employees. (1) Subject to paragraph (2), when an employee principally working in an instructional role asks for foreseeable leave under section 2612(a)(1)(C) or (D), or section 2612(a)(3), based on planned medical treatment, and the leave would cover more than 20 percent of the working days in its period, the agency or school may require the employee to choose either (A) leave periods of a particular length, no longer than the planned treatment, or (B) a temporary transfer to an available alternative position for which the employee qualifies that has (i) equal pay and benefits and (ii) better accommodates recurring leave than the employee’s regular position. (2) These choices apply only to an employee who follows section 2612(e)(2). (d) Rules near the end of an academic term. For an instructional employee: (1) If leave begins more than 5 weeks before term-end, the agency or school may require leave through term-end if (A) it lasts at least 3 weeks and (B) the employee would return during the final 3 weeks. (2) If leave under section 2612(a)(1)(A), (B), or (C), or section 2612(a)(3), begins during the 5 weeks before term-end, the agency or school may require leave through term-end if (A) it lasts more than 2 weeks and (B) return would occur during the final 2 weeks. (3) If such leave begins during the 3 weeks before term-end and lasts more than 5 working days, the agency or school may require leave through term-end. (e) Equivalent position. For section 2614(a)(1)(B), whether the employee is restored to an equivalent position is decided using established school-board policies and practices, private-school policies and practices, and collective-bargaining agreements. (f) Reduced liability. If an agency or school violating this subchapter proves it had reasonable grounds to believe the underlying act or omission was not a violation, the court may reduce section 2617(a)(1)(A) liability to the amounts and interest under that section’s clauses (i) and (ii).