Not later than 90 days, but not sooner than 30 days, after the end of the period of mediation, a covered employee may either—

1. (1) file a complaint with the Office in accordance with section 1405 of this title, or
2. (2) file a civil action in accordance with section 1408 of this title in the United States district court for the district in which the employee is employed or for the District of Columbia.

(Pub. L. 104–1, title IV, § 404, Jan. 23, 1995, 109 Stat. 33; Pub. L. 114–6, § 2(b), Mar. 20, 2015, 129 Stat. 81.)

Amendments

2015—Pub. L. 114–6 substituted “Not later than 90 days, but not sooner than 30 days, after the end of the period of mediation, a covered employee” for “Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee” in introductory provisions.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–6 applicable with respect to mediations and other proceedings first initiated after Mar. 20, 2015, see section 2(d) of Pub. L. 114–6, set out as a note under section 1403 of this title.