I

106TH CONGRESS

2D SESSION H. R. 5262

To amend the Family and Medical Leave Act of 1993 to allow leave to

address domestic violence and its effects, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 2000

Ms. ROYBAL-ALLARD (for herself, Mrs. MALONEY of New York, Mr. HINCHEY, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the

Committees on Education and the Workforce, Government Reform, and

House Administration, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend the Family and Medical Leave Act of 1993 to

allow leave to address domestic violence and its effects,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Battered Women’s Employment Protection Act’’.

6 (b) REFERENCE.—Whenever in section 4 an amend7 ment or repeal is expressed in terms of an amendment
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1 to, or repeal of, a section or other provision, the reference

2 shall be considered to be made to a section or other provi3 sion of the Family and Medical Leave Act of 1993.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) violence against women is the leading cause

7 of physical injury to women, and the Department of

8 Justice estimates that intimate partners commit

9 more than one million violent crimes against women

10 every year;

11 (2) approximately 95 percent of the victims of

12 domestic violence are women;

13 (3) violence against women dramatically affects

14 women’s work force participation, insofar as one15 quarter of battered women surveyed had lost a job

16 due at least in part to the effects of domestic vio17 lence, and over half had been harassed by their

18 abuser at work;

19 (4) a report by the New York City Victims

20 Services Agency found that abusive spouses and

21 lovers harass 74 percent of battered women at work,

22 54 percent of battering victims miss at least 3 days

23 of work per month, 56 percent are late for work at

24 least 5 times per month, and a University of Min25 nesota study found that 24 percent of women in
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1 support groups for battered women had lost a job

2 partly because of being abused;

3 (5) a study by Domestic Violence Intervention

4 Services, Inc. found that 96 percent of employed do5 mestic violence victims had some type of problem in

6 the workplace as a direct result of their abuse or

7 abuser;

8 (6) the availability of economic support is a

9 critical factor in women’s ability to leave abusive sit10 uations that threaten them and their children, and

11 over half of battered women surveyed stayed with

12 their batterers because they lacked resources to sup13 port themselves and their children; and

14 (7) existing Federal and State legislation does

15 not expressly authorize battered women to take leave

16 from work to seek legal assistance and redress,

17 counseling, or assistance with safety planning and

18 activities.

19 SEC. 3. UNEMPLOYMENT COMPENSATION.

20 (a) UNEMPLOYMENT COMPENSATION.—Section

21 3304(a) of the Internal Revenue Code of 1986 is

22 amended—

23 (1) by striking ‘‘and’’ at the end of paragraph

24 (18),
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1 (2) by striking the period at the end of para2 graph (19) and inserting ‘‘; and’’,

3 (3) by adding after paragraph (19) the fol4 lowing:

5 ‘‘(20) compensation is to be provided where an

6 individual is separated from employment due to cir7 cumstances directly resulting from the individual’s

8 experience of domestic violence.’’,

9 (4) by redesignating subsections (b) through (f)

10 as subsections (c) through (g), respectively, and

11 (5) by adding after subsection (a) the following:

12 ‘‘(b) CONSTRUCTION.—

13 ‘‘(1) For the purpose of determining, under

14 subsection (a)(20), whether an employee’s separation

15 from employment is ‘directly resulting’ from the in16 dividual’s experience of domestic violence, it shall be

17 sufficient if the separation from employment re18 sulted from—

19 ‘‘(A) the employee’s reasonable fear of fu20 ture domestic violence at or en route to or from

21 her place of employment;

22 ‘‘(B) the employee’s wish to relocate to an23 other geographic area in order to avoid future

24 domestic violence against the employee or the

25 employee’s family;
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1 ‘‘(C) the employee’s need to recover from

2 traumatic stress resulting from the employee’s

3 experience of domestic violence;

4 ‘‘(D) the employer’s denial of the employ5 ee’s request for the temporary leave from em6 ployment to address domestic violence and its

7 effects authorized by section 102 of the Family

8 and Medical Leave Act of 1993; or

9 ‘‘(E) any other respect in which domestic

10 violence causes the employee to reasonably be11 lieve that termination of employment is nec12 essary for the future safety of the employee or

13 the employee’s family.

14 ‘‘(2) For purposes of subsection (a)(20), where

15 State law requires the employee to have made rea16 sonable efforts to retain employment as a condition

17 for receiving unemployment compensation, it shall be

18 sufficient that the employee—

19 ‘‘(A) sought protection from or assistance

20 in responding to domestic violence, including

21 calling the police or seeking legal, social work,

22 medical, clergy, or other assistance;

23 ‘‘(B) sought safety, including refuge in a

24 shelter or temporary or permanent relocation,
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1 whether or not the employee actually obtained

2 such refuge or accomplished such relocation; or

3 ‘‘(C) reasonably believed that options such

4 as a leave, transfer, or alternative work sched5 ule would not be sufficient to guarantee the em6 ployee or the employee’s family’s safety.

7 ‘‘(3) For purposes of subsection (a)(20), where

8 State law requires the employee to actively search

9 for employment after separation from employment

10 as a condition for receiving unemployment com11 pensation, such requirement shall be deemed to be

12 met where the employee is temporarily unable to ac13 tively search for employment because the employee is

14 engaged in seeking safety or relief for the employee

15 or the employee’s family from domestic violence,

16 including—

17 ‘‘(A) going into hiding or relocating or at18 tempting to do so, including activities associ19 ated with such relocation or hiding, such as

20 seeking to obtain sufficient shelter, food, school21 ing for children, or other necessities of life for

22 the employee or the employee’s family;

23 ‘‘(B) actively pursuing legal protection or

24 remedies, including meeting with the police,

25 going to court to make inquiries or file papers,
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1 meeting with attorneys, or attending court pro2 ceedings; or

3 ‘‘(C) participating in psychological, social,

4 or religious counseling or support activities to

5 assist the employee in ending domestic violence.

6 ‘‘(4) In determining if an employee meets the

7 requirements of paragraphs (1), (2), and (3), the

8 employer of an employee may require the employee

9 to provide—

10 ‘‘(A) documentation of the domestic vio11 lence, such as police or court records, or docu12 mentation of the domestic violence from a shel13 ter worker, attorney, clergy, or medical or other

14 professional from whom the employee has

15 sought assistance in addressing domestic vio16 lence and its effects; or

17 ‘‘(B) other corroborating evidence, such as

18 a statement from any other individual with

19 knowledge of the circumstances which provide

20 the basis for the claim, or physical evidence of

21 domestic violence, such as photographs, torn or

22 bloody clothes, etc.’’.

23 All evidence of domestic violence experienced by an

24 employee, including an employee’s statement, any

25 corroborating evidence, and the fact that an em-
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1 ployee has applied for or inquired about unemploy2 ment compensation available under section

3 3304(a)(20) shall be retained in the strictest con4 fidence of the employer, except to the extent con5 sented to by the employee where disclosure is nec6 essary to protect the employee’s safety.’’.

7 (b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec8 tion 303(a) of the Social Security Act (42 U.S.C.

9 503(a)(4)) is amended by redesignating paragraphs (4)

10 through (10) as paragraphs (5) through (11), respectively,

11 and by adding after paragraph (3) the following:

12 ‘‘(4) Such methods of administration as will en13 sure that claims reviewers and hearing personnel are

14 adequately trained in the nature and dynamics of

15 domestic violence and in methods of ascertaining

16 and keeping confidential information about possible

17 experiences of domestic violence, so that employment

18 separations stemming from domestic violence are re19 liably screened, identified, and adjudicated and full

20 confidentiality is provided for the employee’s claim

21 and submitted evidence.’’.

22 (c) DEFINITIONS.—Section 3306 of the Internal Rev23 enue Code of 1986 is amended by adding at the end the

24 following:
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1 ‘‘(u) DOMESTIC VIOLENCE.—The term ‘domestic vio2 lence’ includes abuse committed against an employee or

3 a family member of the employee by—

4 ‘‘(1) a current or former spouse of the em5 ployee;

6 ‘‘(2) a person with whom the employee shares

7 a child in common;

8 ‘‘(3) a person who is cohabitating with or has

9 cohabitated with the employee as a romantic or inti10 mate partner; or

11 ‘‘(4) a person from whom the employee would

12 be eligible for protection under the domestic vio13 lence, protection order, or family laws of the juris14 diction in which the employee resides or the em15 ployer is located.

16 ‘‘(v) ABUSE.—The term ‘abuse’ includes—

17 ‘‘(1) physical acts resulting in, or threatening to

18 result in, physical injury;

19 ‘‘(2) sexual abuse, sexual activity involving a

20 dependent child, or threats of or attempts at sexual

21 abuse;

22 ‘‘(3) mental abuse, including threats, intimida23 tion, acts designed to induce terror, or restraints on

24 liberty; and
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1 ‘‘(4) deprivation of medical care, housing, food

2 or other necessities of life.’’.

3 SEC. 4. ENTITLEMENT TO LEAVE FOR DOMESTIC VIO4 LENCE.

5 (a) AUTHORITY FOR LEAVE.—Section 102(a)(1) (29

6 U.S.C. 2612(a)(1)) is amended by adding at the end the

7 following:

8 ‘‘(E) In order to care for the child or par9 ent of the employee, if such child or parent is

10 addressing domestic violence and its effects.

11 ‘‘(F) Because the employee is addressing

12 domestic violence and its effects, the employee

13 is unable to perform any of the functions of the

14 position of such employee.’’.

15 (b) DEFINITION.—Section 101 (29 U.S.C. 2611) is

16 amended by adding at the end the following:

17 ‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND

18 ITS EFFECTS.—The term ‘addressing domestic vio19 lence and its effects’ means—

20 ‘‘(A) experiencing domestic violence,

21 ‘‘(B) seeking medical attention for or re22 covering from injuries caused by domestic vio23 lence,

24 ‘‘(C) seeking legal assistance or remedies,

25 including communicating with the police or an
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1 attorney, or participating in any legal pro2 ceeding related to domestic violence,

3 ‘‘(D) attending support groups for victims

4 of domestic violence,

5 ‘‘(E) obtaining psychological counseling re6 lated to experiences of domestic violence,

7 ‘‘(F) participating in safety planning and

8 other actions to increase safety from future do9 mestic violence, including temporary or perma10 nent relocation and

11 ‘‘(G) any other activity necessitated by do12 mestic violence which must be undertaken dur13 ing hours of employment.’’.

14 (c) INTERMITTENT OR REDUCED LEAVE.—Section

15 102(b) (29 U.S.C. 2612(b)) is amended by adding at the

16 end the following:

17 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub18 paragraph (E) or (F) of subsection (a)(1) may be

19 taken by an employee intermittently or on a reduced

20 leave schedule. The taking of leave intermittently or

21 on a reduced leave schedule pursuant to this para22 graph shall not result in a reduction in the total

23 amount of leave to which the employee is entitled

24 under subsection (a) beyond the amount of leave ac25 tually taken.’’.
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1 (d) PAID LEAVE.—Section 102(d)(2) (29 U.S.C.

2 2612(d)) is amended by striking ‘‘(C) or (D)’’ and insert3 ing ‘‘(C), (D), (E), or (F)’’.

4 (e) CERTIFICATION.—Section 103 (29 U.S.C. 2613)

5 is amended by redesignating subsection (e) as subsection

6 (f) and by inserting after subsection (d) the following:

7 ‘‘(e) DOMESTIC VIOLENCE.—In determining if an

8 employee meets the requirements of subparagraph (E) or

9 (F) of section 102(a)(1), the employer of an employee may

10 require the employee to provide—

11 ‘‘(1) documentation of the domestic violence,

12 such as police or court records, or documentation of

13 the domestic violence from a shelter worker, attor14 ney, clergy, or medical or other professional from

15 whom the employee has sought assistance in ad16 dressing domestic violence and its effects; or

17 ‘‘(2) other corroborating evidence, such as a

18 statement from any other individual with knowledge

19 of the circumstances which provide the basis for the

20 claim, or physical evidence of domestic violence, such

21 as photographs, torn or bloody clothes, etc.’’.

22 (f) CONFIDENTIALITY.—Section 103 (29 U.S.C.

23 2613), as amended by subsection (e), is amended—

24 (1) in the title by adding before the period the

25 following: ‘‘; CONFIDENTIALITY’’, and
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1 (2) by adding at the end the following:

2 ‘‘(g) CONFIDENTIALITY.—All evidence of domestic vi3 olence experienced by an employee or the employee’s child

4 or parent, including an employee’s statement, any corrobo5 rating evidence, and the fact that an employee has re6 quested leave for the purpose of addressing domestic vio7 lence and its effects, shall be retained in the strictest con8 fidence by the employer, except to the extent consented

9 to by the employee where disclosure is necessary to protect

10 the employee’s safety.’’.

11 SEC. 5. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOY12 EES FOR DOMESTIC VIOLENCE.

13 (a) AUTHORITY FOR LEAVE.—Section 6382 of title

14 5, United States Code is amended by adding at the end

15 the following:

16 ‘‘(E) In order to care for the child or parent of

17 the employee, if such child or parent is addressing

18 domestic violence and its effects.

19 ‘‘(F) Because the employee is addressing do20 mestic violence and its effects, the employee is un21 able to perform any of the functions of the position

22 of such employee.’’.

23 (b) DEFINITION.—Section 6381 of title 5, United

24 States Code is amended by striking ‘‘and’’ at the end of

25 paragraph (5), by striking the period at the end of para-
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1 graph (6) and inserting ‘‘; and’’ and by adding at the end

2 the following:

3 ‘‘(7) the term ‘addressing domestic violence and

4 its effects’ means—

5 ‘‘(A) experiencing domestic violence,

6 ‘‘(B) seeking medical attention for or re7 covering from injuries caused by domestic vio8 lence,

9 ‘‘(C) seeking legal assistance or remedies,

10 including communicating with the police or an

11 attorney, or participating in any legal pro12 ceeding related to domestic violence,

13 ‘‘(D) attending support groups for victims

14 of domestic violence,

15 ‘‘(E) obtaining psychological counseling re16 lated to experiences of domestic violence,

17 ‘‘(F) participating in safety planning and

18 other actions to increase safety from future do19 mestic violence, including temporary or perma20 nent relocation and

21 ‘‘(G) any other activity necessitated by do22 mestic violence which must be undertaken dur23 ing hours of employment.’’.
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1 (c) INTERMITTENT OR REDUCED LEAVE.—Section

2 6382(b) of title 5, United States Code, is amended by add3 ing at the end the following:

4 ‘‘(3) Leave under subparagraph (E) or (F) of

5 subsection (a)(1) may be taken by an employee

6 intermittently or on a reduced leave schedule. The

7 taking of leave intermittently or on a reduced leave

8 schedule pursuant to this paragraph shall not result

9 in a reduction in the total amount of leave to which

10 the employee is entitled under subsection (a) beyond

11 the amount of leave actually taken.’’.

12 (d) OTHER LEAVE.—Section 6382(d) of title 5,

13 United States Code, is amended by striking ‘‘(C) or (D)’’

14 and inserting ‘‘(C), (D), (E), or (F)’’.

15 (e) CERTIFICATION.—Section 6383 of title 5, United

16 States Code, is amended by redesignating subsection (e)

17 as subsection (f) and by inserting after subsection (d) the

18 following:

19 ‘‘(e) DOMESTIC VIOLENCE.—In determining if an

20 employee meets the requirements of subparagraph (E) or

21 (F) of section 6382(a)(1), the employer of an employee

22 may require the employee to provide—

23 ‘‘(1) documentation of the domestic violence,

24 such as police or court records, or documentation of

25 the domestic violence from a shelter worker, attor-
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1 ney, clergy, or medical or other professional from

2 whom the employee has sought assistance in ad3 dressing domestic violence and its effects; or

4 ‘‘(2) other corroborating evidence, such as a

5 statement from any other individual with knowledge

6 of the circumstances which provide the basis for the

7 claim, or physical evidence of domestic violence, such

8 as photographs, torn or bloody clothes, etc.’’.

9 (f) CONFIDENTIALITY.—Section 6383 of title 5,

10 United States Code, as amended by subsection (e), is

11 amended—

12 (1) in the title by adding before the period the

13 following: ‘‘; Confidentiality’’, and

14 (2) by adding at the end the following:

15 ‘‘(g) CONFIDENTIALITY.—All evidence of domestic vi16 olence experienced by an employee or the employee’s child

17 or parent, including an employee’s statement, any corrobo18 rating evidence, and the fact that an employee has re19 quested leave for the purpose of addressing domestic vio20 lence and its effects, shall be retained in the strictest con21 fidence by the employer, except to the extent consented

22 to by the employee where disclosure is necessary to protect

23 the employee’s safety.’’.
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1 SEC. 6. EFFECT ON OTHER LAWS AND EMPLOYMENT BENE2 FITS.

3 (1) MORE PROTECTIVE.—Nothing in this Act

4 or the amendments made by this Act shall be con5 strued to supersede any provision of any Federal,

6 State or local law, collective bargaining agreement,

7 or other employment benefit program which provides

8 greater unemployment compensation or leave bene9 fits for employed victims of domestic violence than

10 the rights established under this Act or such amend11 ments.

12 (2) LESS PROTECTIVE.—The rights established

13 for employees under this Act or the amendments

14 made by this Act shall not be diminished by any col15 lective bargaining agreement, any employment ben16 efit program or plan, or any State or local law.

17 SEC. 7. EFFECTIVE DATE.

18 (a) GENERAL RULE.—Except as provided in sub19 section (b), this Act and the amendments made by this

20 Act shall take effect upon the expiration of 180 days from

21 the date of the enactment of this Act.

22 (b) UNEMPLOYMENT COMPENSATION.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the amendments made by section 3 shall

25 apply in the case of compensation paid for weeks be-
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1 ginning on or after the expiration of 180 days from

2 the date of the enactment of this Act.

3 (2) MEETING OF STATE LEGISLATURE.—In the

4 case of a State with respect to which the Secretary

5 of Labor has determined that the State legislature

6 is required in order to comply with the amendments

7 made by section 3, the amendments made by section

8 3 shall apply in the case of compensation paid for

9 weeks which begin on or after the expiration of 180

10 days from the date of the enactment of this Act and

11 after the end of the first session of the Sate legisla12 ture which begins after the date of the enactment of

13 this Act or which began prior to the date of the en14 actment of this Act and remained in session for at

15 least 25 calendar days after such date of enactment.

16 For purposes of the preceding sentence, the term

17 ‘‘session’’ means a regular, special, budget, or other

18 session of a State legislature.

Æ