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.
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)-
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.
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.
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.
2 U.S.C. § 1417
EDITORIAL NOTES
REFERENCES IN TEXTPart 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, 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 DATESection 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.
- Office
- The term "Office" means the Office of Congressional Workplace Rights.
- employee
- The term "employee" includes an applicant for employment and a former employee.