Page:United States Statutes at Large Volume 107 Part 1.djvu/44

 107 STAT. 18 PUBLIC LAW 103-3 —FEB. 5, 1993 (A) to take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or (B) to transfer temporarily to an available alternative position offered by the employer for which the employee IS qualified, and that— (i) has equivalent pay and benefits; and (ii) better accommodates recurring periods of leave than the regular employment position of the employee. (2) APPLICATION. — The elections described in subparagraphs (A) and (B) of paragraph (1) shall apply only with respect to an eligible employee who complies with section 102(e)(2). (d) RULES APPLICABLE TO PERIODS NEAR THE CONCLUSION OF AN ACADEMIC TERM.— The following rules shall apply with respect to periods of leave near the conclusion of an academic term in the case of any eligible employee employed principally in an instructional capacity by any such educational agency or school: (1) LEAVE MORE THAN 5 WEEKS PRIOR TO END OF TERM.— If the eligible employee begins leave under section 102 more than 5 weeks prior to the end of the academic term, the agency or school may require the employee to continue taking leave until the end of such term, if— (A) the leave is of at least 3 weeks duration; and (B) the return to employment would occur during the 3-week period before the end of such term. (2) LEAVE LESS THAN 6 WEEKS PRIOR TO END OF TERM. — If the eligible employee begins leave under subparagraph (A), (B), or (C) of section 102(a)(l) during the period that commences 5 weeks prior to the end of the academic term, the agency or school may require the employee to continue taking leave until the end of such term, if— (A) the leave is of greater than 2 weeks duration; and (B) the return to employment would occur during the 2-week period before the end of such term. (3) LEAVE LESS THAN 3 WEEKS PRIOR TO END OF TERM.— If the eligible employee begins leave under subparagraph (A), (B), or (C) of section 102(a)(l) during the period that commences 3 weeks prior to the end of the academic term and the duration of the leave is greater than 5 working days, the agency or school may require the employee to continue to take leave until the end of such term. (e) RESTORATION TO EQUIVALENT EMPLOYMENT POSITION. — For purposes of determinations under section 104(a)(l)(B) (relating to the restoration of an eligible employee to an equivalent position), in the case of a local educational agency or a private elementary or secondary school, such determination shall be made on the basis of established school board policies and practices, private school policies and practices, and collective bargaining agreements. (0 REDUCTION OF THE AMOUNT OF LL\BILITY.—I f a local educational agency or a private elementary or secondary school that has violated this title proves to the satisfaction of the court that the agency, school, or department had reasonable grounds for believing that the underlying act or omission was not a violation of this title, such court may, in the discretion of the court, reduce the amount of the liability provided for under section 107(a)(l)(A)

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