Page:United States Statutes at Large Volume 110 Part 6.djvu/478

 110 STAT. 4300 CONCURRENT RESOLUTIONS—APR. 16, 1996 § 825.102 When are the FMLA and the CAA effective for covered employees and employing of^ces? (a) The rights and protection of sections 101 through 105 of the FMLA have appHed to certain Senate employees and certain employing offices of the Senate since August 5, 1993 (see section 501 of FMLA). (b) The rights and protection of sections 101 through 105 of the FMLA have applied to any employee in an employment position and any employment authority of the House oi Representatives since August 5, 1993 (see section 502 of FMLA). (c) The rights and protections of sections 101 through 105 of the FMLA have applied to certain employing offices and covered employees other than those referred to in paragraphs (a) and (b) of this section for certain periods since August 5, 1993 (see, e.g., title V of the FMLA, sections 501 and 502). (d) The provisions of section 202 of the CAA that apply rights and protections of the FMLA to covered employees are effective on January 23, 1996. (e) The period prior to the effective date of the application of FMLA rights and protections under the CAA must be considered in determinuig employee eligibility. §825.103 How does the FMLA, as made applicable by the CAA, affect leave in progress on, or taken before, the effective date of the CAA? (a) An eligible employee's right to take FMLA leave began on the date that the rignts and protections of the FMLA first went into effect for the employing office and employee (see § 825.102(a)). Any leave taken prior to the date on which the rights and protections of the FMLA first became effective for the employing office from which the leave was taken may not be counted for purposes of the FMLA as made applicable by the CAA. If leave qualifying as FMLA leave was underway prior to the effective date of the FMLA for the employing office from which the leave was taken and continued after the FMLA's effective date for that office, only that portion of leave taken on or after the FMLA's effective date may be counted against the employee's leave entitlement under the FMLA, as made applicable by the CAA. (b) If an employing office-approved leave is underway when the application of the FMLA by the CAA. takes effect, no further notice would be required of the employee unless the employee requests an extension of the leave. For leave which commenced on the effective date or shortly thereafter, such notice must have been given which was practicable, considering the foreseeability of the need for leave and the effective date. (c) Starting on January 23, 1996, an employee is entitled to FMLA leave under these regulations if the reason for the leave is qualifying under the FMLA, as made applicable by the CAA, even if the event occasioning the need for leave (e.g., the birth of a child) occurred before such date (so long as any other requirements are satisfied). §825.104 What employing offices are covered by the FMLA, as made applicable by the CAA? (a) The FMLA, as made applicable by the CAA, covers all employing offices. As used in the CAA, the term "employing office" means—

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