color, religion, national origin, ethnicity, gender, dis-
ability, or sexual orientation of any person. 
(2) INSURER.—For purposes of this section, the 
term ‘‘insurer’’ includes a group health plan (as de-
fined in section 2971(a) of the Public Health Service 
Health Act (42 U.S.C. 300gg–91(a)), a health insur-
ance issuer (as defined in section 2791(b)(2) of the 
Public Health Service Act (42 U.S.C. 300gg– 
91(b)(2)) offering group insurance coverage in con-
nection with a group health plan, and individual 
health insurance coverage (as defined in section 
2971(b)(5) of the Public Health Service Health Act 
(42 U.S.C. 300gg–91(b)(5)). 
(c) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion shall be construed to preempt any law, rule, or regula-
tion of a State or political subdivision of a State. 
SEC. 103. ENTITLEMENT TO LEAVE FOR VICTIMS OF HATE 
CRIMES. 
(a) ENTITLEMENT TO LEAVE FOR VICTIMS OF HATE 
CRIMES.— 
(1) 
AUTHORITY
FOR
LEAVE.—Section 
102(a)(1) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2612(a)(1)) is amended by adding 
at the end the following: 
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‘‘(F) In order to care for the spouse or a 
son, daughter, or parent of the employee, if 
such spouse, son, daughter, or parent is ad-
dressing a hate crime and its consequences. 
‘‘(G) Because the employee is addressing a 
hate crime and its consequences, the employee 
is unable to perform the functions of the posi-
tion of such employee.’’. 
(2) DEFINITION.—Section 101 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611) is 
amended by adding at the end the following: 
‘‘(20) HATE
CRIME.—The term ‘hate crime’ 
means a criminal offense in which the prosecutor 
has determined that the defendant intentionally se-
lected a victim, or in the case of a property crime, 
the property that is the object of the crime, because 
of the actual or perceived race, color, religion, na-
tional origin, ethnicity, gender, disability, or sexual 
orientation of any person. 
‘‘(21) ADDRESSING
A
HATE
CRIME
AND
ITS 
CONSEQUENCES.—The term ‘addressing a hate 
crime and its consequences’ means— 
‘‘(A) seeking medical attention for or re-
covering from injuries caused by being a victim 
of a hate crime; 
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‘‘(B) seeking legal assistance or remedies, 
including communicating with the police or an 
attorney, or participating in any legal pro-
ceeding related to being a victim of a hate 
crime; 
‘‘(C) attending support groups for victims 
of hate crimes; and 
‘‘(D) obtaining psychological counseling re-
lated to the experience of being a victim of a 
hate crime.’’. 
(3) INTERMITTENT OR REDUCED LEAVE.—Sec-
tion 102(b) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2612(b)) is amended by adding at 
the end the following: 
‘‘(3) HATE
CRIMES.—Leave under subpara-
graph (F) or (G) 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 sub-
section (a) beyond the amount of leave actually 
taken.’’. 
(4) PAID LEAVE.—Section 102(d)(2)(A) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
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2612(d)(2)(A)) is amended by striking ‘‘(C), or (E)’’ 
and inserting ‘‘(C), (E), (F), or (G)’’. 
(5) CERTIFICATION.—Section 103 of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2613) 
is amended by adding at the end the following: 
‘‘(g) HATE CRIMES.— 
‘‘(1) IN GENERAL.—An employer may require 
that a request for leave under subparagraph (F) or 
(G) of section 102(a)(1) be supported by documenta-
tion of the hate crime. 
‘‘(2) CONFIDENTIALITY.—An employer shall 
keep any information relating to a hate crime experi-
enced by the employee or the spouse, son, daughter, 
or parent of the employee confidential, including an 
employee’s statement, any corroborating evidence, 
and the fact that the employee has requested leave 
for the purpose of addressing a hate crime and its 
consequences, except to the extent— 
‘‘(A) consented to by the employee where 
disclosure is necessary to protect the employee’s 
safety or the safety of coworkers; or 
‘‘(B) requested by the employee to docu-
ment a hate crime to a court or agency.’’. 
(b) ENTITLEMENT TO LEAVE FOR FEDERAL EM-
PLOYEES AS VICTIMS OF HATE CRIMES.— 
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(1) 
AUTHORITY
FOR
LEAVE.—Section 
6382(a)(1) of title 5, United States Code, is amend-
ed by adding at the end the following: 
‘‘(E) In order to care for the spouse, or a son, 
daughter, or parent of the employee, if such spouse, 
son, daughter, or parent is addressing a hate crime 
and its consequences. 
‘‘(F) Because the employee is addressing a hate 
crime and its consequences, the employee is unable 
to perform the functions of the position of such em-
ployee.’’. 
(2) DEFINITIONS.—Section 6381 of title 5, 
United States Code is amended by striking ‘‘and’’ at 
the end of paragraph (5), by striking the period at 
the end of paragraph (6) and inserting a semicolon, 
and by adding at the end the following: 
‘‘(7) the term ‘hate crime’ means a criminal of-
fense in which the prosecutor has determined that 
the defendant intentionally selected a victim, or in 
the case of a property crime, the property that is the 
object of the crime, because of the actual or per-
ceived race, color, religion, national origin, ethnicity, 
gender, disability, or sexual orientation of any per-
son; and 
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