Safe Leave for Victims of Domestic Violence Act

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. 1. Short title This Act may be cited as the Safe Leave for Victims of Domestic Violence Act 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) (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 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; and (v) secure safe housing, including searching for new housing, relocating, and installing additional safety measures. . (b) Schedule (1) In general Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) 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 (A) in subsection (b)(2), by striking or (D) subparagraph (C) , (D), or (F) (B) in subsection (e)(2), by striking or (D) subparagraph (C) , (D), or (F) (c) Substitution of paid leave Section 102(d)(2) of such Act ( 29 U.S.C. 2612(d)(2) (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 (g) Certification relating to being a victim of dating violence, domestic violence, sexual assault, sex trafficking, or stalking 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. . (e) Definitions Section 101 of such Act ( 29 U.S.C. 2611 (20) Dating violence The term dating violence (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 (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) Sex trafficking The term sex trafficking (23) Sexual assault The term sexual assault (24) Stalking The term stalking (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. (1) in section 102(c), by striking subsection (a)(1)(F) subsection (a)(1)(G) (2) in section 110— (A) by striking section 102(a)(1)(F) section 102(a)(1)(G) (B) in subsection (a)(1)(A), by redesignating the second clause (ii) as clause (iii).

Summary: Safe Leave for Victims of Domestic Violence Act This bill provides family and medical leave for employees to meet their needs related to being a victim of dating violence, domestic violence, sexual assault, sex trafficking, or stalking. This includes to obtain medical care and mental health services, seek safe housing, and prepare for legal proceedings.