Pub. L. 104-1, tit. IV, sec. 417 (as amended)
OPTION TO REQUEST REMOTE WORK ASSIGNMENT OR PAID LEAVE OF ABSENCE DURING PENDENCY OF PROCEDURES.
SEC. 417. [2 U.S.C. 1417] OPTION TO REQUEST REMOTE WORK ASSIGNMENT OR PAID LEAVE OF ABSENCE DURING PENDENCY OF PROCEDURES.
(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 title II
by the covered employee’s employing office, during the pendency of any of
the procedures available under this title 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 207.
(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.
- Cross-references to the US Code
- 2 U.S.C. 1417