Safe Leave for Victims of Domestic Violence, Sexual Assault, and Stalking Act

Subjects: Labor and Employment


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2996

 To amend the Family and Medical Leave Act of 1993 to permit leave for 
  an employee to meet their needs related to being a victim of dating 
   violence, domestic violence, sexual assault, sex trafficking, or 
                   stalking, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2023

Mrs. Bice (for herself and Ms. Stevens) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, and 
  in addition to the Committees on Oversight and Accountability, 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 permit leave for 
  an employee to meet their needs related to being a victim of dating 
   violence, domestic violence, sexual assault, sex trafficking, or 
                   stalking, 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 ``Safe Leave for Victims of Domestic 
Violence, Sexual Assault, and Stalking Act''.

SEC. 2. ENTITLEMENT RELATING TO BEING A VICTIM OF DATING VIOLENCE, 
              DOMESTIC VIOLENCE, SEXUAL ASSAULT, SEX TRAFFICKING, OR 
              STALKING.

    (a) Leave Requirement.--Section 102(a)(1) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (2) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) In order to meet the needs of the employee 
                related to the employee, or a family member of the 
                employee, being a victim of dating violence, domestic 
                violence, sexual assault, sex trafficking, or stalking 
                to--
                            ``(i) seek medical attention or treatment 
                        for physical or psychological injuries related 
                        to domestic violence, dating violence, sexual 
                        assault, stalking, or trafficking;
                            ``(ii) seek mental health or counseling 
                        services for injuries and trauma related to 
                        domestic violence, dating violence, sexual 
                        assault, stalking, or trafficking;
                            ``(iii) seek services from a victim 
                        services organization, including, but not 
                        limited to, a domestic violence program, a 
                        sexual assault victim service provider, a 
                        stalking victim service provider;
                            ``(iv) seek civil or criminal legal 
                        services to prepare for and participate in 
                        legal proceedings related to domestic violence, 
                        sexual assault, dating violence stalking, or 
                        trafficking;
                            ``(v) secure safe housing, including 
                        searching for new housing, relocating, and 
                        installing additional safety measures; or
                            ``(vi) in a case in which a family member 
                        of the employee has been a victim of dating 
                        violence, domestic violence, sexual assault, 
                        sex trafficking, or stalking, to assist the 
                        family member in any of the activities 
                        described in clauses (i) through (v).''.
    (b) Schedule.--
            (1) In general.--Section 102(b)(1) of such Act (29 U.S.C. 
        2612(b)(1)) is amended by inserting after the third sentence 
        the following new sentence: ``Subject to paragraph (2), 
        subsection (e)(2), and subsection (b)(5) of section 103, leave 
        under subparagraph (F) of subsection (a)(1) may be taken 
        intermittently or on a reduced leave schedule.''
            (2) Conforming amendments.--Section 102 of such Act (29 
        U.S.C. 2612) is amended--
                    (A) in subsection (b)(2), by striking ``or (D)'' 
                after ``subparagraph (C)'' and inserting ``, (D), or 
                (F)''; and
                    (B) in subsection (e)(2), by striking ``or (D)'' 
                after ``subparagraph (C)'' and inserting ``, (D), or 
                (F)''.
    (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 
U.S.C. 2612(d)(2)) is amended by adding at the end the following:
                    ``(C) Meet needs relating to being a victim of 
                dating violence, domestic violence, sexual assault, sex 
                trafficking, or stalking.--An eligible employee may 
                elect, or an employer may require the employee, to 
                substitute any of the accrued paid vacation leave, 
                personal leave, or medical or sick leave of the 
                employee for leave provided under subparagraph (F) 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.''.
    (d) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following:
    ``(g) Certification Relating to Being a Victim of Dating Violence, 
Domestic Violence, Sexual Assault, Sex Trafficking, or Stalking.--
            ``(1) Subject to paragraph (2), an employer may require 
        that a request for leave under section 102(a)(1)(F) be 
        supported by a certification issued at such time and in such 
        manner as the Secretary may by regulation prescribe.
            ``(2) In the case of an employee requesting leave under 
        section 102(a)(1)(F) who has not yet received a certification 
        as described under paragraph (1), such employer shall accept a 
        sworn statement on a form prescribed by the Secretary that such 
        employee has requested such certification.''.
    (e) Definitions.--Section 101 of such Act (29 U.S.C. 2611) is 
amended by adding at the end the following new paragraphs:
            ``(20) Dating violence.--The term `dating violence' means 
        violence committed by a person--
                    ``(A) who is or has been in a social relationship 
                of a romantic or intimate nature with the employee; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                            ``(i) The length of the relationship.
                            ``(ii) The type of relationship.
                            ``(iii) The frequency of interaction 
                        between the persons involved in the 
                        relationship.
            ``(21) Domestic violence.--The term `domestic violence' 
        includes felony or misdemeanor crimes committed by a current or 
        former spouse or intimate partner of the employee under the 
        family or domestic violence laws of the jurisdiction receiving 
        grant funding and, in the case of victim services, includes the 
        use or attempted use of physical abuse or sexual abuse, or a 
        pattern of any other coercive behavior committed, enabled, or 
        solicited to gain or maintain power and control over an 
        employee, including verbal, psychological, economic, or 
        technological abuse that may or may not constitute criminal 
        behavior, by a person who--
                    ``(A) is a current or former spouse or intimate 
                partner of the employee, or person similarly situated 
                to a spouse of the employee;
                    ``(B) is cohabitating, or has cohabitated, with the 
                employee as a spouse or intimate partner;
                    ``(C) shares a child in common with the employee; 
                or
                    ``(D) commits acts against a youth or employee who 
                is protected from those acts under the family or 
                domestic violence laws of the jurisdiction.
            ``(22) Family member.--The term `family member' means a 
        spouse, son, daughter, parent, or next of kin.
            ``(23) Sex trafficking.--The term `sex trafficking' means 
        any conduct proscribed by section 1591 of title 18, whether or 
        not the conduct occurs in interstate or foreign commerce or 
        within the special maritime and territorial jurisdiction of the 
        United States.
            ``(24) Sexual assault.--The term `sexual assault' means any 
        nonconsensual sexual act proscribed by Federal, Tribal, or 
        State law, including when the employee lacks capacity to 
        consent.
            ``(25) Stalking.--The term `stalking' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to--
                    ``(A) fear for his or her safety or the safety of 
                others; or
                    ``(B) suffer substantial emotional distress.''.
    (f) Technical Amendments.--Title I of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611 et seq.) is amended--
            (1) in section 102(c), by striking ``subsection (a)(1)(F)'' 
        and inserting ``subsection (a)(1)(G)''; and
            (2) in section 110--
                    (A) by striking ``section 102(a)(1)(F)'' each place 
                it appears and inserting ``section 102(a)(1)(G)''; and
                    (B) in subsection (a)(1)(A), by redesignating the 
                second clause (ii) as clause (iii).
                                 &lt;all&gt;
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