from whom the employee has sought assistance in 
addressing domestic violence and its effects; or 
‘‘(3) other corroborating evidence, such as a 
statement from any other individual with knowledge 
of the circumstances that provide the basis for the 
claim of domestic violence, or physical evidence of 
domestic violence, such as a photograph, torn or 
bloody clothing, or other damaged property. 
‘‘(g) All evidence provided to the employing agency 
under subsection (f) of domestic violence experienced by 
an employee or the son, daughter, or parent of an em-
ployee, including a statement of an employee, any other 
documentation or corroborating evidence, and the fact 
that an employee has requested leave for the purpose of 
addressing, or caring for a son, daughter, or parent who 
is addressing, domestic violence and its effects, shall be 
retained in the strictest confidence by the employing agen-
cy, except to the extent that disclosure is requested, or 
consented to, by the employee for the purpose of— 
‘‘(1) protecting the safety of the employee or a 
family member or co-worker of the employee; or 
‘‘(2) assisting in documenting domestic violence 
for a court or agency.’’. 
(d) TABLE OF SECTIONS.—The table of sections for 
chapter 63 of title 5, United States Code, is amended by 
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striking the item relating to section 6383 and inserting 
the following: 
‘‘6383. Certification; confidentiality.’’. 
SEC. 303. EXISTING LEAVE USABLE FOR DOMESTIC VIO-
LENCE. 
(a) DEFINITIONS.—In this section: 
(1) ADDRESSING DOMESTIC VIOLENCE AND ITS 
EFFECTS.—The term ‘‘addressing domestic violence 
and its effects’’ has the meaning given the term in 
section 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611), as amended by section 
301(a). 
(2) EMPLOYEE.—The term ‘‘employee’’ means 
any person employed by an employer. In the case of 
an individual employed by a public agency, such 
term means an individual employed as described in 
section 3(e) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(e)). 
(3) EMPLOYER.—The term ‘‘employer’’— 
(A) means any person engaged in com-
merce or in any industry or activity affecting 
commerce who employs individuals, if such per-
son is also subject to the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2601 et seq.) or 
to any provision of a State or local law, collec-
tive bargaining agreement, or employment bene-
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fits program or plan, addressing paid or unpaid 
leave from employment (including family, med-
ical, sick, annual, personal, or similar leave); 
and 
(B) includes any person acting directly or 
indirectly in the interest of an employer in rela-
tion to any employee, and includes a public 
agency, who is subject to a law, agreement, pro-
gram, or plan described in subparagraph (A), 
but does not include any labor organization 
(other than when acting as an employer) or 
anyone acting in the capacity of officer or agent 
of such labor organization. 
(4) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ has the meaning given the term 
in section 101 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611). 
(5) PARENT; SON OR DAUGHTER.—The terms 
‘‘parent’’ and ‘‘son or daughter’’ have the meanings 
given the terms in section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611). 
(6) PUBLIC AGENCY.—The term ‘‘public agen-
cy’’ has the meaning given the term in section 3 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203). 
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(b) USE OF EXISTING LEAVE.—An employee who is 
entitled to take paid or unpaid leave (including family, 
medical, sick, annual, personal, or similar leave) from em-
ployment, pursuant to State or local law, a collective bar-
gaining agreement, or an employment benefits program or 
plan, shall be permitted to use such leave for the purpose 
of addressing domestic violence and its effects, or for the 
purpose of caring for a son or daughter or parent of the 
employee, if such son or daughter or parent is addressing 
domestic violence and its effects. 
(c) CERTIFICATION.—In determining whether an em-
ployee qualifies to use leave as described in subsection (b), 
an employer may require a written statement, documenta-
tion of domestic violence, or corroborating evidence con-
sistent with section 103(f) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2613(f)), as amended by 
section 301(c). 
(d) CONFIDENTIALITY.—All evidence provided to the 
employer under subsection (c) of domestic violence experi-
enced by an employee or the son or daughter or parent 
of the employee, including a statement of an employee, 
any other documentation or corroborating evidence, and 
the fact that an employee has requested leave for the pur-
pose of addressing, or caring for a son or daughter or par-
ent who is addressing, domestic violence and its effects, 
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shall be retained in the strictest confidence by the em-
ployer, except to the extent that disclosure is requested, 
or consented to, by the employee for the purpose of— 
(1) protecting the safety of the employee or a 
family member or co-worker of the employee; or 
(2) assisting in documenting domestic violence 
for a court or agency. 
(e) PROHIBITED ACTS.— 
(1) INTERFERENCE WITH RIGHTS.— 
(A) EXERCISE OF RIGHTS.—It shall be un-
lawful for any employer to interfere with, re-
strain, or deny the exercise of or the attempt to 
exercise, any right provided under this section. 
(B) DISCRIMINATION.—It shall be unlaw-
ful for any employer to discharge or in any 
other manner discriminate against an individual 
for opposing any practice made unlawful by this 
section. 
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—It shall be unlawful for any person to dis-
charge or in any other manner discriminate against 
any individual because such individual— 
(A) has filed any charge, or had instituted 
or caused to be instituted any proceeding, 
under or related to this section; 
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(B) has given, or is about to give, any in-
formation in connection with any inquiry or 
proceeding relating to any right provided under 
this section; or 
(C) has testified, or is about to testify, in 
any inquiry or proceeding relating to any right 
provided under this section. 
(f) ENFORCEMENT.— 
(1) PUBLIC ENFORCEMENT.—The Secretary of 
Labor shall have the powers set forth in subsections 
(b), (c), (d), and (e) of section 107 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2617) 
for the purpose of public agency enforcement of any 
alleged violation of subsection (e) against any em-
ployer. 
(2) PRIVATE
ENFORCEMENT.—The remedies 
and procedures set forth in section 107(a) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2617(a)) shall be the remedies and procedures pur-
suant to which an employee may initiate a legal ac-
tion against an employer for alleged violations of 
subsection (e). 
(3) REFERENCES.—For purposes of paragraphs 
(1) and (2), references in section 107 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2617) to 
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