1994 U.S. Code
Title 2 - THE CONGRESS
CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS
Sec. 60m - Leave for certain Senate employees

View Metadata

§60m. Leave for certain Senate employees (a) Coverage

The rights and protections established under sections 2611 through 2615 of title 29 shall apply with respect to a Senate employee and an employing office. For purposes of such application, the term “eligible employee” means a Senate employee and the term “employer” means an employing office.

(b) Consideration of allegations (1) Applicable provisions

The provisions of sections 304 through 313 of the Government Employee Rights Act of 1991 (2 U.S.C. 1204–1213) shall, except as provided in subsections (d) and (e) of this section—

(A) apply with respect to an allegation of a violation of a provision of sections 2611 through 2615 of title 29, with respect to Senate employment of a Senate employee; and

(B) apply to such an allegation in the same manner and to the same extent as such sections of the Government Employee Rights Act of 1991 apply with respect to an allegation of a violation under such Act [2 U.S.C. 1201 et seq.].

(2) Entity

Such an allegation shall be addressed by the Office of Senate Fair Employment Practices or such other entity as the Senate may designate.

(c) Rights of employees

The Office of Senate Fair Employment Practices shall ensure that Senate employees are informed of their rights under sections 2611 through 2615 of title 29.

(d) Limitations

A request for counseling under section 305 of such Act [2 U.S.C. 1205] by a Senate employee alleging a violation of a provision of sections 2611 through 2615 of title 29 shall be made not later than 2 years after the date of the last event constituting the alleged violation for which the counseling is requested, or not later than 3 years after such date in the case of a willful violation of section 2615 of title 29.

(e) Applicable remedies

The remedies applicable to individuals who demonstrate a violation of a provision of sections 2611 through 2615 of title 29 shall be such remedies as would be appropriate if awarded under paragraph (1) or (3) of section 2617(a) of title 29.

(f) Exercise of rulemaking power

The provisions of subsections (b), (c), (d), and (e) of this section, except as such subsections apply with respect to section 309 of the Government Employee Rights Act of 1991 (2 U.S.C. 1209), are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to change its rules, in the same manner, and to the same extent, as in the case of any other rule of the Senate. No Senate employee may commence a judicial proceeding with respect to an allegation described in subsection (b)(1) of this section, except as provided in this section.

(g) Severability

Notwithstanding any other provision of law, if any provision of section 309 of the Government Employee Rights Act of 1991 (2 U.S.C. 1209), or of subsection (b)(1) of this section insofar as it applies such section 309 to an allegation described in subsection (b)(1)(A) of this section, is invalidated, both such section 309, and subsection (b)(1) of this section insofar as it applies such section 309 to such an allegation, shall have no force and effect, and shall be considered to be invalidated for purposes of section 322 of such Act (2 U.S.C. 1221).

(h) Definitions

As used in this section:

(1) Employing office

The term “employing office” means the office with the final authority described in section 301(2) of such Act (2 U.S.C. 1201(2)).1

(2) Senate employee

The term “Senate employee” means an employee described in subparagraph (A) of section 301(c)(1) of such Act (2 U.S.C. 1201(c)(1)) who has been employed for at least 12 months on other than a temporary or intermittent basis by any employing office.

(Pub. L. 103–3, title V, §501, Feb. 5, 1993, 107 Stat. 27; Pub. L. 103–283, title III, §312(f)(4), July 22, 1994, 108 Stat. 1447.)

References in Text

The Government Employee Rights Act of 1991, referred to in subsec. (b)(1)(B), is title III of Pub. L. 102–166, Nov. 21, 1991, 105 Stat. 1088, as amended, which is classified generally to chapter 23 (§1201 et seq.) of this title. For complete classification of this Act to the Code, see section 1201(a) of this title and Tables.

Amendments

1994—Subsec. (h)(2). Pub. L. 103–283 struck out “or (B)” after “described in subparagraph (A)”.

Effective Date

Section effective 6 months after Feb. 5, 1993, see section 405(b)(1) of Pub. L. 103–3, set out as a note under section 2601 of Title 29, Labor.

1 So in original. Probably should be section “301(c)(2) of such Act (2 U.S.C. 1201(c)(2)).”