2 U.S.C. § 1312 — Rights and protections under Family and

Page 310 TITLE 2—THE CONGRESS § 1312 (a) to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing of- fice. (3) Intern defined For purposes of this subsection, the term ‘‘intern’’ means an individual who performs service for an employing office which is un- compensated 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. (e) Effective date This section shall take effect 1 year after Jan- uary 23, 1995. (Pub. L. 104–1, title II, § 201, Jan. 23, 1995, 109 Stat. 7; Pub. L. 115–397, title III, § 302(a), Dec. 21, 2018, 132 Stat. 5321.) Editorial Notes CODIFICATION Section is comprised of section 201 of Pub. L. 104–1. Subsec. (c) of section 201 of Pub. L. 104–1 amended sec- tion 633a of Title 29, Labor, and sections 2000e–16 and 12209 of Title 42, The Public Health and Welfare. AMENDMENTS 2018—Subsecs. (d), (e). Pub. L. 115–397 added subsec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion 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 a note under section 1301 of this title. COVERAGE OF HOUSE OF REPRESENTATIVES AND THE AGENCIES OF THE LEGISLATIVE BRANCH Pub. L. 102–166, title I, § 117, Nov. 21, 1991, 105 Stat. 1080, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: ‘‘(a) COVERAGE OF THE HOUSE OF REPRESENTATIVES.— ‘‘(1) IN GENERAL.—Notwithstanding any provision of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or of other law, the purposes of such title shall, subject to paragraph (2), apply in their en- tirety to the House of Representatives. ‘‘(2) EMPLOYMENT IN THE HOUSE.— ‘‘(A) APPLICATION.—The rights and protections under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to subparagraph (B), apply with respect to any employee in an em- ployment position in the House of Representatives and any employing authority of the House of Rep- resentatives. ‘‘(B) ADMINISTRATION.— ‘‘(i) IN GENERAL.—In the administration of this paragraph, the remedies and procedures made ap- plicable pursuant to the resolution described in clause (ii) shall apply exclusively. ‘‘(ii) RESOLUTION.—The resolution referred to in clause (i) is the Fair Employment Practices Reso- lution (House Resolution 558 of the One Hun- dredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Rep- resentatives of the One Hundred Second Congress as Rule LI, or any other provision that continues in effect the provisions of such resolution. ‘‘(C) EXERCISE OF RULEMAKING POWER.—The provi- sions of subparagraph (B) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in the case of any other rule of the House. ‘‘(b) INSTRUMENTALITIES OF CONGRESS.— ‘‘(1) IN GENERAL.—The rights and protections under this title [see Tables for classification] and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. ‘‘(2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALITIES.—The chief official of each in- strumentality of the Congress shall establish rem- edies and procedures to be utilized with respect to the rights and protections provided pursuant to para- graph (1). Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate employees, in [former] section 301(c)(1) [former 42 U.S.C. 2000e–16a(c)(1)]. ‘‘(3) REPORT TO CONGRESS.—The chief official of each instrumentality of the Congress shall, after es- tablishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report de- scribing the remedies and procedures. ‘‘(4) DEFINITION OF INSTRUMENTALITIES.—For pur- poses of this section, instrumentalities of the Con- gress include the following: the Architect of the Cap- itol, the Congressional Budget Office, the Govern- ment Accountability Office, the Government Pub- lishing Office, the Office of Technology Assessment, and the United States Botanic Garden. ‘‘(5) CONSTRUCTION.—Nothing in this section shall alter the enforcement procedures for individuals pro- tected under section 717 of title VII for [of] the Civil Rights Act of 1964 (42 U.S.C. 2000e–16).’’ [Section effective Nov. 21, 1991, except as otherwise provided, see section 402(a) of Pub. L. 102–166, set out as an Effective Date of 1991 Amendment note under sec- tion 1981 of Title 42, The Public Health and Welfare.] § 1312. Rights and protections under Family and Medical Leave Act of 1993 (a) Family and medical leave rights and protec- tions 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 employ- ees. In applying section 102 of such Act [29 U.S.C. 2612] 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 [29 U.S.C. 2612(a)(1), (4)] shall be subject to subsection (d) of this section. (2) Definitions 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 em- ployed 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 subpara- Page 311 TITLE 2—THE CONGRESS § 1312 graph (A) or (B) of section 102(a)(1) of the Fam- ily 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 dam- ages, 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) Omitted (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 em- ployee 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 place- ment involved that corresponds to the num- ber of administrative workweeks of paid pa- rental 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 Med- ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the administrative work- weeks described in subparagraph (A), any ad- ditional 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 para- graph (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 appropria- tion or fund available for salaries or ex- penses for positions within the employing of- fice; (B) if not used by the covered employee be- fore the end of the 12-month period (as re- ferred 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 ac- cumulate for any subsequent use; and (C) shall apply without regard to the limi- tations 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)). (e) Regulations (1) In general The Board shall, pursuant to section 1384 of this title, 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 im- plement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stat- ed together with the regulation, that a modi- fication of such regulations would be more ef- fective 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 January 23, 1995. (2) Government Accountability Office and Li- brary of Congress Subsection (c) shall be effective 1 year after transmission to the Congress of the study under section 1371 of this title. (Pub. L. 104–1, title II, § 202, Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 116–92, div. F, title LXXVI, § 7603(a), (b), Dec. 20, 2019, 133 Stat. 2306, 2307; Pub. L. 116–283, div. A, title XI, § 1103(g)(1), Jan. 1, 2021, 134 Stat. 3889.) Editorial Notes REFERENCES IN TEXT The Family and Medical Leave Act of 1993, referred to in subsec. (a)(2), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of this title, sec- tions 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§ 2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. Subsection (c) of this section, referred to in subsec. (f)(2), amended section 6381 of Title 5, Government Or- ganization and Employees, and sections 2611 and 2617 of Title 29, Labor. CODIFICATION Section is comprised of section 202 of Pub. L. 104–1. Subsec. (c) of section 202 of Pub. L. 104–1 amended sec- tion 6381 of Title 5, Government Organization and Em- ployees, and sections 2611 and 2617 of Title 29, Labor. AMENDMENTS 2021—Subsec. (d)(2)(B). Pub. L. 116–283 inserted ‘‘ac- crued’’ before ‘‘sick leave’’. 2019—Subsec. (a)(1). Pub. L. 116–92, § 7603(a)(1), in- serted at end ‘‘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.’’ Subsec. (a)(2). Pub. L. 116–92, § 7603(b), which directed insertion of ‘‘The requirements of subparagraph (B) shall not apply with respect to leave under subpara- graph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).’’ at end of par. (2), was executed by inserting sentence as con- cluding provisions of par. (2) to reflect the probable in- tent of Congress. Subsecs. (d) to (f). Pub. L. 116–92, § 7603(a)(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2004—Subsec. (e)(2). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’ in heading. Page 312 TITLE 2—THE CONGRESS § 1313 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title XI, § 1103(g)(2), Jan. 1, 2021, 134 Stat. 3889, provided that: ‘‘The amendment made by this subsection [amending this section] shall apply with respect to any event for which leave may be taken under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1995 [probably means Family and Medical Leave Act of 1993] (29 U.S.C. 2612(a)(1)) and occurring on or after October 1, 2020.’’ EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. F, title LXXVI, § 7603(c), Dec. 20, 2019, 133 Stat. 2307, provided that: ‘‘The amendments made by this section [amending this section] shall not be effective with respect to any birth or placement oc- curring before October 1, 2020.’’ CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES: CONGRESSIONAL EMPLOYEES Pub. L. 116–92, div. F, title LXXVI, § 7605(b), Dec. 20, 2019, 133 Stat. 2308, provided that: ‘‘For purposes of de- termining the eligibility of a covered employee (as such term is defined in section 101[(a)](3) of the Congres- sional Accountability Act [2 U.S.C. 1301(a)(3)]) who is a member of the National Guard or Reserves to take leave under section 102(a) of the Family and Medical Leave Act of 1993 [29 U.S.C. 2612(a)] (pursuant to section 202(a)(1) of the Congressional Accountability Act [2 U.S.C. 1312(a)(1)]), any service by such employee on ac- tive duty (as defined in section 101[(a)](14) of the Fam- ily and Medical Leave Act of 1993 [2 U.S.C. 1301(a)(14)]) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Account- ability Act [2 U.S.C. 1312(a)(2)(B)].’’ § 1313. Rights and protections under Fair Labor Standards Act of 1938 (a) Fair labor standards (1) In general The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Stand- ards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall apply to covered employees. (2) Interns For the purposes of this section, the term ‘‘covered employee’’ does not include an intern as defined in regulations under subsection (c). (3) Compensatory time Except as provided in regulations under sub- section (c)(3) and in subsection (c)(4), covered employees may not receive compensatory time in lieu of overtime compensation. (b) Remedy The remedy for a violation of subsection (a) shall be such remedy, including liquidated dam- ages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)). (c) Regulations to implement section (1) In general The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section. (2) Agency regulations Except as provided in paragraph (3), the reg- ulations issued under paragraph (1) shall be the same as substantive regulations promul- gated by the Secretary of Labor to implement the statutory provisions referred to in sub- section (a) except insofar as the Board may de- termine, for good cause shown and stated to- gether with the regulation, that a modifica- tion of such regulations would be more effec- tive for the implementation of the rights and protections under this section. (3) Irregular work schedules The Board shall issue regulations for cov- ered employees whose work schedules directly depend on the schedule of the House of Rep- resentatives or the Senate that shall be com- parable to the provisions in the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.] that apply to employees who have irregular work schedules. (4) Law enforcement Law enforcement personnel of the Capitol Police who are subject to the exemption under section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) may elect to receive compensatory time off in lieu of overtime compensation for hours worked in excess of the maximum for their work period. (d) Omitted (e) Effective date Subsections (a) and (b) shall be effective 1 year after January 23, 1995. (Pub. L. 104–1, title II, § 203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 104–197, title III, § 312, Sept. 16, 1996, 110 Stat. 2415.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, referred to in subsec. (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. CODIFICATION Section is comprised of section 203 of Pub. L. 104–1. Subsec. (d) of section 203 of Pub. L. 104–1 amended sec- tion 203 of Title 29, Labor. AMENDMENTS 1996—Subsec. (a)(3). Pub. L. 104–197, § 312(a), inserted ‘‘and in subsection (c)(4) of this section’’ after ‘‘sub- section (c)(3) of this section’’. Subsec. (c)(4). Pub. L. 104–197, § 312(b), added par. (4). Statutory Notes and Related Subsidiaries APPLICATION OF RIGHTS AND PROTECTIONS OF FAIR LABOR STANDARDS ACT OF 1938 TO CONGRESSIONAL AND ARCHITECT OF THE CAPITOL EMPLOYEES Pub. L. 101–157, § 8, Nov. 17, 1989, 103 Stat. 944, pro- vided that: ‘‘(a) HOUSE EMPLOYEES.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amend- ment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to any employee in an employment position in the House of Represent- atives and to any employing authority of the House of Representatives.