PRIA, Government Policy, Made Personal

Summary

If an employee covered by this law files a claim that their office violated part A of subchapter II, the office can let that employee work from a different location while the claim is being handled. The move must meaningfully cut down contact between the employee and the person accused of the violation. If the office decides the job cannot be done remotely or the move would not help, it can instead give paid leave, or both allow remote work and give paid leave, or make some other change to reduce contact. The office must not approve these options in a way that would be retaliation under section 1317. If paid leave is given under this rule, the office cannot force the employee to use their accrued vacation or personal leave. This rule does not apply if it conflicts with a current collective bargaining agreement.

Title 2, §1417

The Congress, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Part A of subchapter II, referred to in subsec. (a)(1), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an

Effective Date

of 2018 Amendment note under section 1301 of this title.

§1417 Option to Request Remote Work Assignment or Paid Leave of Absence During Pendency of Procedures

Summary

Title 2, §1417

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata