The Board of Directors of the Office of Congressional Workplace Rights (formerly Office of Compliance) drafts and adopts regulations to implement statutory requirements under the laws incorporated in the Congressional Accountability Act (CAA). As part of the drafting process, the Board and Executive Staff engage in a collaborative process with the agency's stakeholders to develop the regulations within the practices and policies of the Congressional workplace. Congress must approve regulations adopted by the Board. In most cases, the U.S. Department of Labor regulations will serve as the default regulations until the regulations adopted by the Board are approved by Congress.
Family and Medical Leave Act of 1993 (FMLA) |
On September 16, 2015, the Board of Directors issued a notice of proposed rulemaking and requested comments from interested parties on regulations implementing the Family and Medical Leave Act of 1993 (FMLA), as applied in the CAA. The notice and comment period ended on November 16, 2015. On June 22, 2016, the Board of Directors issued a notice of adoption of substantive regulations regarding the Family and Medical Leave Act of 1993, as applied in the CAA, for congressional approval, which appeared in the Congressional Record. |
History of Adopted FMLA Regulations by the Board of Directors |
Congressional Record: House | Senate FMLA Forms: Certification of Health Care Provider for Employee’s Serious Health Condition Certification of Health Care Provider for Family Member’s Serious Health Condition Notice of Eligibility Rights and Responsibilities Certification of Qualifying Exigency for Military Family Leave Certification for Serious Injury or Illness of a Current Servicemember – for Military Family Leave Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Notice of Proposed Regulations Extending Rights and Protections Under the Family and Medical Leave Act of 1993 (FMLA) Modifying the Rights and Protections - September 16, 2015 Congressional Record: House | Senate Comments Received on Proposed Rulemaking on Family and Medical Leave Act Office of the Architect of the Capitol |
Americans with Disabilities Act (ADA) |
On September 9, 2014, a notice of proposed rulemaking and request for comments from interested parties was issued by the Board of Directors extending rights and protections under the Americans with Disabilities Act (ADA) relating to public services and accommodations. The notice and comment period ends 30 days from September 9, 2014. |
ADA Regulations Adopted by the Board of Directors |
History of ADA Proposed Regulations |
Comments Received on Proposed Rulemaking on the Americans with Disabilities Act relating to public services and accommodations The Office of the Architect of the Capitol United States House of Representatives Notice of Proposed Regulations extending rights and protections under the Americans with Disabilities Act (ADA) relating to public services and accommodations - September 9, 2014 Congressional Record: House | Senate
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Fair Labor Standards Act (FLSA) |
The regulations, adopted by the Board of Directors, implementing exemptions from overtime pay requirements under FLSA have not yet been approved by Congress. |
Final FLSA Regulations Adopted by the Board of Directors |
Congressional Record: House | Senate
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History of FLSA Proposed Regulations |
Comments Received on Proposed Rulemaking on Fair Labor Standards Act Regulations Office of the House Employment Counsel Senate Chief Counsel for Employment Notice of Proposed Rulemaking on Fair Labor Standards Act Regulations - September 29, 2004 |
Uniformed Services Employment and Reemployment Rights Act (USERRA) |
The USERRA regulations adopted by the Board of Directors have not yet been approved by Congress |
Final USERRA Regulations Adopted by the Board of Directors |
Text of Adopted USERRA Regulations |
History of USERRA Proposed Regulations |
Comments Received on Proposed Regulations implementing the Uniformed Services Employment and Reemployment Rights Act, June 9, 2008. - Office of Senate Chief Counsel for Employment - House Committee on Administration - United States Capitol Police: Office of Employment Counsel
The proposed USERRA regulations were published in the Congressional Record (House, full text; Senate, by reference to April 21 full text publication) on May 8, 2008. Comments are due not later than Monday, June 9, 2008. |