Page:United States Statutes at Large Volume 107 Part 1.djvu/43

 PUBLIC LAW 103-3—FEB. 5, 1993 107 STAT. 17 of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (d) ACTION FOR INJUNCTION BY SECRETARY.—The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (1) to restrain violations of section 105, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible employees; or (2) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (e) SOLICITOR OF LABOR.— The SoUcitor of Labor may appear for and represent the Secretary on any litigation brought under this section. SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL EDU- 29 USC 2618. CATIONAL AGENCIES. (a) APPLICATION. — (1) IN GENERAL. —Except as otherwise provided in this section, the rights (including the rights under section 104, which shall extend throughout the period of leave of any employee under this section), remedies, and procedures under this title shall apply to— (A) any "local educational agency" (as defined in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12))) and an eligible employee of the agency; and (B) any private elementary or secondary school and an eligible employee of the school. (2) DEFINITIONS. —For purposes of the application described in paragraph (1): (A) ELIGIBLE EMPLOYEE.—The term "eligible employee" means an eligible employee of an agency or school described in paragraph (1). (B) EMPLOYER. — The term "employer" means an agency or school described in paragraph (1). (b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FEDERAL LAWS. — A local educational agency and a private elementary or secondary school shall not be in violation of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), solely as a result of an eligible employee of such agency or school exercising the rights of such employee under this title. (c) INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE FOR INSTRUCTIONAL EMPLOYEES. — (1) IN GENERAL.— Subject to paragraph (2), in any case in which an eligible employee employed principally in an instructional capacity by any such educational agency or school requests leave under subparagraph (C) or (D) of section 102(a)(1) that is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20 percent of the total number of working days in the period during which the leave would extend, the agency or school may require that such employee elect either—

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