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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2515 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2515

  To amend the Family and Medical Leave Act of 1993 to allow leave to 
   address domestic violence, sexual assault, or stalking and their 
effects, and to include domestic partners under the Act, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2009

    Ms. Woolsey (for herself, Ms. Roybal-Allard, and Mrs. Maloney) 
 introduced the following bill; which was referred to the Committee on 
Education and Labor, and in addition to the Committees on Oversight and 
    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, sexual assault, or stalking and their 
effects, and to include domestic partners under the Act, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Leave Act''.

SEC. 2. ENTITLEMENT TO LEAVE FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR 
              STALKING.

    (a) Authority for Leave.--Section 102(a)(1) (29 U.S.C. 2612(a)(1)) 
is amended by adding at the end the following:
                    ``(F) In order to care for the family member of the 
                employee, if such family member is addressing domestic 
                violence, sexual assault, or stalking and their 
                effects.
                    ``(G) Because the employee is addressing domestic 
                violence, sexual assault, or stalking and their 
                effects, the employee is unable to perform any of the 
                functions of the position of such employee.''.
    (b) Definitions.--Section 101 (29 U.S.C. 2611) is amended by adding 
at the end the following:
            ``(20) Domestic violence.--The term `domestic violence' has 
        the meaning given such term in section 40002 of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925), and includes 
        dating violence, as such term is defined in such section.
            ``(21) Sexual assault.--The term `sexual assault' has the 
        meaning given that term in section 40002 of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925).
            ``(22) Stalking.--The term `stalking' has the meaning given 
        such term in section 40002 of the Violence Against Women Act of 
        1994 (42 U.S.C. 13925).
            ``(23) Addressing domestic violence, sexual assault, or 
        stalking and their effects.--The term `addressing domestic 
        violence, sexual assault, or stalking and their effects' 
        means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by domestic violence, sexual 
                assault, or stalking;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence, sexual assault, or stalking;
                    ``(C) attending support groups for victims of 
                domestic violence, sexual assault, or stalking;
                    ``(D) obtaining psychological counseling related to 
                experiences of domestic violence, sexual assault, or 
                stalking;
                    ``(E) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, sexual assault, or stalking, including 
                temporary or permanent relocation; and
                    ``(F) participating in any other activity 
                necessitated by domestic violence, sexual assault, or 
                stalking which must be undertaken during hours of 
                employment.
            ``(24) Family member.--The term `family member', used with 
        respect to a person, means an individual who is a spouse, 
        domestic partner, parent, son or daughter (including an adult 
        son or daughter) of that person.''.
    (c) Intermittent or Reduced Leave.--Section 102(b) (29 U.S.C. 
2612(b)) is amended by inserting before the last sentence: ``Subject to 
subsection (e)(4) and 103(g), leave under subparagraph (F) or (G) of 
subsection (a)(1) may be taken by an employee intermittently or on a 
reduced leave schedule.''
    (d) Paid Leave.--Section 102(d)(2)(B) (29 U.S.C. 2612(d)(2)(B)) is 
amended by inserting at the end the following: ``An eligible employee 
may elect to substitute any of the accrued paid vacation leave, 
personal leave, family leave, or medical or sick leave of the employee 
for leave provided under subparagraph (F) or (G) of subsection (a)(1) 
for any part of the 12-week period of such leave under such subsection, 
except that nothing in this title shall require an employer to provide 
paid sick leave or paid medical leave in any situation in which such 
employer would not normally provide any such paid leave.''
    (e) Notice.--Section 102(e)(29 U.S.C. 2612(e)), by adding at the 
end the following:
            ``(4) Notice for leave due to domestic violence, sexual 
        assault, or stalking.--In any case in which the necessity for 
        leave under subparagraph (F) or (G) of subsection (a)(1) is 
        foreseeable based on a scheduled appointment or planned 
        activity to address domestic violence, sexual assault, or 
        stalking and their effects, the employee shall provide such 
        notice to the employer as is reasonable and practicable.''.
    (f) Certification and Confidentiality.--Section 103 (29 U.S.C. 
2613) is amended--
            (1) in the title, by adding before the period the 
        following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(g) Certification Related to Domestic Violence, Sexual Assault, 
or Stalking.--
            ``(1) In general.--In determining if an employee meets the 
        requirements of subparagraph (F) or (G) of section 102(a)(1), 
        the employer of an employee may require the employee to provide 
        written certification. Certification under this paragraph shall 
        be sufficient if it includes--
                    ``(A) documentation of the domestic violence, 
                sexual assault, or stalking, such as police or court 
                records, or documentation of the domestic violence, 
                sexual assault, or stalking from a shelter worker, 
                attorney, clergy, or medical or other professional from 
                whom the employee or family member of the employee has 
                sought assistance in addressing domestic violence, 
                sexual assault, or stalking and their effects;
                    ``(B) other corroborating evidence, such as a 
                statement from any other individual with knowledge of 
                the circumstances which provide the basis for the 
                claim, or physical evidence of domestic violence, 
                sexual assault, or stalking, such as photographs, or 
                torn or bloody clothes; or
                    ``(C) at the election of the employee, where 
                documentation described in subparagraph (A) and 
                corroborating evidence described in subparagraph (B) is 
                not available, a written statement describing the 
                domestic violence, sexual assault, or stalking and 
                their effects.
            ``(2) Confidentiality.--All evidence of domestic violence, 
        sexual assault, or stalking provided to an employer under this 
        subsection, including an employee's statement, any 
        corroborating evidence, and the fact that an employee has 
        requested leave for the purpose of addressing domestic 
        violence, sexual assault, or stalking and their effects, shall 
        be retained in the strictest confidence by the employer, except 
        to the extent consented to by the employee where disclosure is 
        necessary to--
                    ``(A) protect the safety of the employee or family 
                member of the employee; or
                    ``(B) assist in documenting domestic violence, 
                sexual assault, or stalking for a court or law 
                enforcement agency.''.
    (g) Table of Contents.--The table of contents in section 1(b) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. prec. 2601) is 
amended by striking the item relating to section 103 and inserting the 
following:

``103. Certification; confidentiality''.

SEC. 3. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS.

    (a) Definitions.--
            (1) Inclusion of same-sex spouses.--Section 101(13) of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is 
        amended, by inserting ``, and, notwithstanding section 7 of 
        title I, United States Code, includes a spouse of the same sex 
        as the employee as determined under applicable State law'' 
        before the period.
            (2) Inclusion children of a domestic partner.--Section 
        101(12) of such Act (29 U.S.C. 2611(12)) is amended by 
        inserting ``a child of an individual's domestic partner,'' 
        after ``a legal ward,''.
            (3) Inclusion domestic partners.--Section 101 of such Act 
        (as amended by section 2) is further amended by adding at the 
        end the following:
            ``(25) Domestic partner.--The term `domestic partner' 
        means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partner registry or 
                civil union laws of the State or political subdivision 
                of a State where the employee resides; or
                    ``(B) in the case of an unmarried employee who 
                resides in a State where a person cannot marry a person 
                of the same sex under the laws of the State, a single, 
                unmarried adult person of the same sex as the employee 
                who is in a committed, intimate relationship with the 
                employee, is not a domestic partner to any other 
                person, and who is designated to the employer by such 
                employee as that employee's domestic partner.''.
    (b) Leave Requirement.--Section 102 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612) is amended--
            (1) in subsection (a)(1)(C), by striking ``spouse,'' both 
        places it appears and inserting ``spouse or domestic 
        partner,'';
            (2) in subsection (a)(1)(E), by striking spouse, and 
        inserting ``spouse or domestic partner,'';
            (3) in subsection (a)(3), by striking ``spouse,'' and 
        inserting ``spouse or domestic partner,'';
            (4) in subsection (e)(2)(A), by inserting ``domestic 
        partner,'' after ``spouse,'';
            (5) in subsection (e)(3), by inserting ``domestic 
        partner,'' after ``spouse,'';
            (6) in subsection (f)--
                    (A) in the subsection heading, by inserting ``or 
                Domestic Partners'' after ``Spouses'';
                    (B) in paragraph (1), by striking ``a husband and 
                wife'' and inserting ``both spouses or both domestic 
                partners'';
                    (C) in paragraph (2)(A), by striking ``that husband 
                and wife'' and inserting ``spouses or both domestic 
                partners''; and
                    (D) in paragraph (2)(B), by striking ``the husband 
                and wife'' and inserting ``both spouses or both 
                domestic partners''.
    (c) Certification.--Section 103 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2613) is amended--
            (1) in subsection (a), by inserting ``domestic partner,'' 
        after ``spouse,''
            (2) in subsection (b)(4)(A), by inserting ``domestic 
        partner,'' after ``spouse,'' both places it appears; and
            (3) in subsection (b)(7), by inserting ``domestic 
        partner,'' after ``spouse,''.
    (d) Employment and Benefits Protection.--Section 104(c)(3) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is 
amended--
            (1) in subparagraph (A)(i), by inserting ``domestic 
        partner,'' after ``spouse,''; and
            (2) in subparagraph (C)(ii), by inserting ``domestic 
        partner,'' after ``spouse,''.

SEC. 4. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES FOR DOMESTIC 
              VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    (a) Authority for Leave.--Section 6382(a)(1) of title 5, United 
States Code is amended by adding at the end the following:
            ``(E) In order to care for the family member of the 
        employee, if such family member is addressing domestic 
        violence, sexual assault, or stalking and their effects.
            ``(F) Because the employee is addressing domestic violence, 
        sexual assault, or stalking and their effects, the employee is 
        unable to perform any of the functions of the position of such 
        employee.''.
    (b) Definitions.--Section 6381 of title 5, United States Code is 
amended--
            (1) at the end of paragraph (10), by striking ``and'';
            (2) in paragraph (11), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(12) the terms `domestic violence', `sexual assault', and 
        `stalking' all have the meaning given such terms in section 
        40002 of the Violence Against Women Act of 1994 (42 U.S.C. 
        13925), and the term `domestic violence' includes dating 
        violence, as such term is defined in such section;
            ``(13) the term `addressing domestic violence, sexual 
        assault, or stalking and their effects' means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by domestic violence, sexual 
                assault, or stalking;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence, sexual assault, or stalking;
                    ``(C) attending support groups for victims of 
                domestic violence, sexual assault, or stalking;
                    ``(D) obtaining psychological counseling related to 
                experiences of domestic violence, sexual assault, or 
                stalking;
                    ``(E) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, sexual assault, or stalking, including 
                temporary or permanent relocation; and
                    ``(F) participating in any other activity 
                necessitated by domestic violence, sexual assault, or 
                stalking which must be undertaken during hours of 
                employment;
            ``(14) the term `family member', used with respect to a 
        person, means an individual who is a spouse, domestic partner, 
        parent, son or daughter (including an adult son or daughter) of 
        that person;''.
    (c) Intermittent or Reduced Leave.--Section 6382(b) of title 5, 
United States Code, is amended by adding at the end the following:
            ``(3) Leave under subparagraph (E) or (F) of subsection 
        (a)(1) may be taken by an employee intermittently or on a 
        reduced leave schedule. The taking of leave intermittently or 
        on a reduced leave schedule pursuant to this paragraph shall 
        not result in a reduction in the total amount of leave to which 
        the employee is entitled under subsection (a) beyond the amount 
        of leave actually taken.''.
    (d) Other Leave.--Section 6382(d) of title 5, United States Code, 
is amended by striking ``(C), or (D)'' and inserting ``(C), (D), (E), 
or (F)''.
    (e) Notice.--Section 6282(e) of title 5, United States Code, is 
amended by adding at the end the following:
            ``(3) In any case in which the necessity for leave under 
        subparagraph (F) or (G) of subsection (a)(1) is foreseeable 
        based on a scheduled appointment or planned activity to address 
        domestic violence, sexual assault, or stalking and their 
        effects, the employee shall provide such notice to the 
        employing agency as is reasonable and practicable.''.
    (f) Certification.--Section 6383 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(f) In determining if an employee meets the requirements of 
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of 
an employee may require the employee to provide written certification. 
Certification under this subsection shall be sufficient if it 
includes--
            ``(1) documentation of the domestic violence, sexual 
        assault, or stalking, such as police or court records, or 
        documentation of the domestic violence, sexual assault, or 
        stalking from a shelter worker, attorney, clergy, or medical or 
        other professional from whom the employee or family member of 
        the employee has sought assistance in addressing domestic 
        violence, sexual assault, or stalking and their effects;
            ``(2) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        which provide the basis for the claim, or physical evidence of 
        domestic violence, sexual assault, or stalking, such as 
        photographs or torn or bloody clothes; or
            ``(3) at the election of the employee, where documentation 
        described in paragraph (1) and corroborating evidence described 
        in paragraph (2) is not available, a written statement 
        describing the domestic violence, sexual assault, or stalking 
        and their effects.''.
    (g) Confidentiality.--Section 6383 of title 5, United States Code, 
as amended by subsection (f), is amended--
            (1) in the section heading, by adding before the period the 
        following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(g) All evidence of domestic violence, sexual assault, or 
stalking provided to an employing agency under this subsection, 
including an employee's statement, any corroborating evidence, and the 
fact that an employee has requested leave for the purpose of addressing 
domestic violence, sexual assault, or stalking and their effects, shall 
be retained in the strictest confidence by the employing agency, except 
to the extent consented to by the employee where disclosure is 
necessary to--
            ``(1) protect the safety of the employee or family member 
        of the employee; or
            ``(2) assist in documenting domestic violence, sexual 
        assault, or stalking for a court or law enforcement agency.''.
    (h) Table of Sections.--The table of sections for chapter 63 of 
title 5, United States Code, is amended by striking the item relating 
to section 6383 and inserting the following:

``6383. Certification; confidentiality''.

SEC. 5. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS FOR LEAVE 
              FOR FEDERAL EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, as 
amended by section 4, is further amended--
            (1) in paragraph (6), by inserting ``a child of an 
        individual's domestic partner,'' after ``a legal ward,''; and
            (2) by adding at the end the following:
            ``(15) the term `spouse' means a husband or wife, as the 
        case may be, and, notwithstanding section 7 of title I, United 
        States Code, includes a spouse of the same sex as the employee 
        as determined under applicable State law; and
            ``(16) the term `domestic partner' means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partner registry or 
                civil union laws of the State or political subdivision 
                of a State where the employee resides; or
                    ``(B) in the case of an unmarried employee who 
                resides in a State where a person cannot marry a person 
                of the same sex under the laws of the State, a single, 
                unmarried adult person of the same sex as the employee 
                who is in a committed, intimate relationship with the 
                employee, is not a domestic partner to any other 
                person, and who is designated to the employing agency 
                by such employee as that employee's domestic 
                partner.''.
    (b) Leave Requirement.--Section 6382 of title 5, United States 
Code, is further amended--
            (1) in subsection (a)(1)(C), by striking ``spouse,'' both 
        places it appears and inserting ``spouse or domestic 
        partner,'';
            (2) in subsection (a)(3), by striking ``spouse,'' and 
        inserting ``spouse or domestic partner,''; and
            (3) in subsection (e)(2)(A), by inserting ``domestic 
        partner,'' after ``spouse,''.
    (c) Certification.--Section 6383 of title 5, United States Code, is 
amended--
            (1) in subsection (a), by inserting ``domestic partner,'' 
        after ``spouse,''; and
            (2) in subsection (b)(4)(A), by inserting ``domestic 
        partner,'' after ``spouse,'' both places it appears.
                                 <all>
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