I. Introduction

The Congressional Accountability Act of 1995 (“CAA”) applies the rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 (“FMLA”) (29 U.S.C. 2611 through 2615) to covered employees in the Legislative Branch who satisfy specified eligibility requirements. In general, the FMLA, as applied by the CAA, provides eligible employees the right to take unpaid leave for specified family and medical reasons, and for specified circumstances relating to a family member’s military service. In addition, the FMLA, as applied by the CAA, requires employing offices to preserve the employment benefits of employees who take FMLA leave, and to restore covered employees to their original job, or an equivalent job, upon the conclusion of the leave. The FMLA, as applied by the CAA, also generally prohibits employing offices from interfering with or denying the exercise of FMLA rights, and from discriminating against any person who either opposes a practice made unlawful by the FMLA or participates in a proceeding relating to the FMLA.

II. Coverage

Employer – The term “employer” as used in the FMLA means any employing office. 2 U.S.C. § 1312(a)(2)(A).

Employing Office – The term “employing office” means: (A) the personal office of a Member of the House of Representatives or of a Senator; (B) a committee of the House of Representatives or the Senate or a joint committee; (C) any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives or the Senate;

Eligible Employee – The term “eligible employee” means a covered employee who has been employed in any employing office for twelve months and for at least 1,250 hours of employment during the previous twelve months. 2 U.S.C. § 1312(a)(2)(B). If an employee worked for two or more employing offices sequentially, the time worked will be aggregated to determine whether it equals twelve months. OOC FMLA Reg. § 825.110(b)(3).