I 
111TH CONGRESS 
1ST SESSION 
H. R. 739 
To promote the economic security and safety of victims of domestic violence, 
dating violence, sexual assault, or stalking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2009 
Ms. ROYBAL-ALLARD (for herself and Mr. POE of Texas) introduced the fol-
lowing bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committees on Ways and Means and Fi-
nancial Services, 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 promote the economic security and safety of victims of 
domestic violence, dating violence, sexual assault, or 
stalking, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Security and Financial Empowerment (SAFE) Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESS-
ING DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL AS-
SAULT, OR STALKING 
Sec. 101. Purposes. 
Sec. 102. Entitlement to emergency leave for addressing domestic violence, dat-
ing violence, sexual assault, or stalking. 
Sec. 103. Existing leave usable for addressing domestic violence, dating vio-
lence, sexual assault, or stalking. 
Sec. 104. Emergency benefits. 
Sec. 105. Effect on other laws and employment benefits. 
Sec. 106. Regulations. 
Sec. 107. Conforming amendment. 
Sec. 108. Effective date. 
TITLE II—ENTITLEMENT TO UNEMPLOYMENT COMPENSATION 
FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 
SEXUAL ASSAULT, OR STALKING 
Sec. 201. Purposes. 
Sec. 202. Unemployment compensation and training provisions. 
TITLE III—VICTIMS’ EMPLOYMENT SUSTAINABILITY 
Sec. 301. Short title. 
Sec. 302. Purposes. 
Sec. 303. Prohibited discriminatory acts. 
Sec. 304. Enforcement. 
Sec. 305. Attorney’s fees. 
Sec. 306. Regulations. 
TITLE IV—VICTIMS OF ABUSE INSURANCE PROTECTION 
Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Discriminatory acts prohibited. 
Sec. 404. Insurance protocols for subjects of abuse. 
Sec. 405. Reasons for adverse actions. 
Sec. 406. Life insurance. 
Sec. 407. Subrogation without consent prohibited. 
Sec. 408. Enforcement. 
Sec. 409. Effective date. 
TITLE V—SEVERABILITY 
Sec. 501. Severability. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Violence against women has been reported 
to be the leading cause of physical injury to women. 
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Such violence has a devastating impact on women’s 
physical and emotional health, financial security, 
and ability to maintain their jobs, and thus impacts 
interstate commerce. 
(2) Victims of domestic violence, dating vio-
lence, sexual assault, and stalking are particularly 
vulnerable to changes in employment, pay, and bene-
fits, and as a result of their desperate need for eco-
nomic stability, are in particular need of legal pro-
tection. 
(3) The Bureau of National Affairs has esti-
mated that domestic violence costs United States 
employers 
between 
$3,000,000,000 
and 
$5,000,000,000 annually in lost time and produc-
tivity, while other reports have estimated the cost at 
between $5,800,000,000 and $13,000,000,000 annu-
ally. 
(4) United States medical costs for domestic vi-
olence have been estimated to be $31,000,000,000 
per year. The medical cost associated with each inci-
dent of domestic violence ranges from $387 to $948, 
including costs of health care and mental health 
services. 
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(5) Domestic violence crimes account for ap-
proximately 15 percent of total crime costs in the 
United States each year. 
(6)(A) According to the National Institute of 
Justice, crime costs an estimated $450,000,000,000 
annually in medical expenses, lost earnings, social 
service costs, pain, suffering, and reduced quality of 
life for victims, which harms the Nation’s produc-
tivity and drains the Nation’s resources. 
(B) 
Violent 
crime 
accounts 
for 
$426,000,000,000 per year of this amount. 
(C) Rape exacts the highest costs per victim of 
any 
criminal 
offense, 
and 
accounts 
for 
$127,000,000,000 per year of the amount described 
in subparagraph (A). 
(7) Violent crime results in wage losses equiva-
lent to 1 percent of all United States earnings, and 
causes 3 percent of the Nation’s medical spending 
and 14 percent of the Nation’s injury-related med-
ical spending. 
(8) Homicide is the leading cause of death for 
women on the job. Husbands, boyfriends, and ex- 
partners commit 15 percent of workplace homicides 
against women. 
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(9) According to a recent study by the National 
Institutes of Health and Centers for Disease Control 
and Prevention, each year there are 5,300,000 non- 
fatal violent victimizations committed by intimate 
partners against women. Female murder victims 
were substantially more likely than male murder vic-
tims to have been killed by an intimate partner. 
About 1⁄3 of female murder victims, and about 4 per-
cent of male murder victims, were killed by an inti-
mate partner. 
(10) Forty-nine percent of senior executives re-
cently surveyed said domestic violence has a harmful 
effect on their company’s productivity, 47 percent 
said domestic violence negatively affects attendance, 
and 44 percent said domestic violence increases 
health care costs. 
(11) Seventy-eight percent of human resources 
professionals consider partner violence a workplace 
issue. However, more than 70 percent of United 
States workplaces have no formal program or policy 
that addresses workplace violence, let alone domestic 
violence. In fact, only 4 percent of employers pro-
vided training on domestic violence. 
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(12) Ninety-four percent of corporate security 
and safety directors at companies nationwide rank 
domestic violence as a high security concern. 
(13) Women who have experienced domestic vi-
olence or dating violence are more likely than other 
women to be unemployed, to suffer from health 
problems that can affect employability and job per-
formance, to report lower personal income, and to 
rely on welfare. 
(14) Studies indicate that one of the best pre-
dictors of whether a victim will be able to stay away 
from her abuser is her degree of economic independ-
ence. However, domestic violence, dating violence, 
sexual assault, and stalking often negatively impact 
a victim’s ability to maintain employment. 
(15) According to a 1998 report of the General 
Accounting Office, between 1⁄4 and 1⁄2 of domestic 
violence victims surveyed in 3 studies reported that 
they lost a job due, at least in part, to domestic vio-
lence. 
(16) Employees in the United States who have 
been victims of domestic violence, dating violence, 
sexual assault, or stalking too often suffer adverse 
consequences in the workplace as a result of their 
victimization. 
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(17) Domestic violence also affects abusers’ 
ability to work. A recent study found that 48 per-
cent of abusers reported having difficulty concen-
trating at work and 42 percent reported being late 
to work. Seventy-eight percent reported using their 
own company’s resources in connection with the abu-
sive relationship. 
(18) Abusers frequently seek to exert financial 
control over their partners by actively interfering 
with their ability to work, including preventing their 
partners from going to work, harassing their part-
ners at work, limiting the access of their partners to 
cash or transportation, and sabotaging the child care 
arrangements of their partners. 
(19) Studies indicate that between 35 and 56 
percent of employed battered women surveyed were 
harassed at work by their abusive partners. 
(20) More than 1⁄2 of women receiving welfare 
have been victims of domestic violence as adults and 
between 1⁄4 and 1⁄3 of women receiving welfare re-
ported being abused in the last year. 
(21) Victims of domestic violence also fre-
quently miss work due to injuries, court dates, and 
safety concerns requiring legal protections. Victims 
of intimate partner violence lose 8,000,000 days of 
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paid work each year, the equivalent of over 32,000 
full-time jobs and 5,600,000 days of household pro-
ductivity. 
(22) Approximately 10,200,000 people have 
been stalked at some time in their lives. Four out of 
every 5 stalking victims are women. Stalkers harass 
and terrorize their victims by spying on the victims, 
standing outside their places of work or homes, mak-
ing unwanted phone calls, sending or leaving un-
wanted letters or items, or vandalizing property. 
(23) More than 35 percent of stalking victims 
report losing time from work due to the stalking and 
7 percent never return to work. 
(24) The prevalence of sexual assault and other 
violence against women at work is also dramatic. 
About 36,500 individuals, 80 percent of whom are 
women, were raped or sexually assaulted in the 
workplace each year from 1993 through 1999. Half 
of all female victims of violent workplace crimes 
know their attackers. Nearly one out of 10 violent 
workplace incidents are committed by partners or 
spouses. Women who work for State and local gov-
ernments suffer a higher incidence of workplace as-
saults, including rapes, than women who work in the 
private sector. 
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(25) According to recent Government estimates, 
approximately 987,400 rapes occur annually in the 
United States, with 89 percent of the rapes per-
petrated against female victims. Since 2001, rapes 
have actually increased by 4 percent. 
(26) Sexual assault, whether occurring in or out 
of the workplace, can impair an employee’s work 
performance, require time away from work, and un-
dermine the employee’s ability to maintain a job. Al-
most 50 percent of sexual assault survivors lose their 
jobs or are forced to quit in the aftermath of the as-
saults. An estimated 24 to 30 percent of abused 
working women lose their jobs due to their abuse. 
(27) Domestic and sexual violence victims have 
been subjected to discrimination by private and 
State employers, including discrimination motivated 
by sex and stereotypic notions about women. 
(28) Domestic violence victims and third parties 
who help them have been subjected to discriminatory 
practices by health, life, disability, and property and 
casualty insurers and employers who self-insure em-
ployee benefits, who have denied or canceled cov-
erage, rejected claims, and raised rates based on do-
mestic violence. Although some State legislatures 
have tried to address those practices, the scope of 
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protection afforded by the laws adopted varies from 
State to State, with many failing to address the 
problem involved comprehensively. Moreover, Federal 
law prevents States from protecting the almost 40 
percent of employees whose employers self-insure 
employee benefits. 
(29) No States, with the exception of Illinois, 
prohibit employment discrimination against all vic-
tims of domestic violence, sexual assault, or stalking. 
(30) Employees, including individuals partici-
pating in welfare-to-work programs, may need to 
take time during business hours to— 
(A) obtain orders of protection; 
(B) seek medical or legal assistance, coun-
seling, or other services; or 
(C) look for housing in order to escape 
from domestic violence. 
(31) Only 11 States provide domestic violence 
victims with leave from work to go to court, to go 
to the doctor, or to take other steps to address the 
domestic violence in their lives. 
(32) Only 29 States and the District of Colum-
bia have laws that explicitly provide unemployment 
insurance to domestic violence victims in certain cir-
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cumstances, and none of the laws explicitly cover vic-
tims of sexual assault or stalking. 
(33) Existing Federal law does not explicitly— 
(A) authorize victims of domestic violence, 
dating violence, sexual assault, or stalking to 
take leave from work to seek legal assistance 
and redress, counseling, or assistance with safe-
ty planning activities; 
(B) address the eligibility of victims of do-
mestic violence, dating violence, sexual assault, 
or stalking for unemployment compensation; 
(C) prohibit employment discrimination 
against actual or perceived victims of domestic 
violence, dating violence, sexual assault, or 
stalking; or 
(D)(i) prohibit insurers and employers who 
self-insure employee benefits from discrimi-
nating against domestic violence victims and 
those who help them in determining eligibility, 
rates charged, and standards for payment of 
claims; or 
(ii) prohibit insurers from disclosing infor-
mation about abuse and the location of the vic-
tims through insurance databases and other 
means. 
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SEC. 3. DEFINITIONS. 
In this Act, except as otherwise expressly provided: 
(1) COMMERCE.—The terms ‘‘commerce’’ and 
‘‘industry or activity affecting commerce’’ have the 
meanings given the terms in section 101 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2611). 
(2) COURSE OF CONDUCT.—The term ‘‘course 
of conduct’’ means a course of repeatedly maintain-
ing a visual or physical proximity to a person or con-
veying verbal or written threats, including threats 
conveyed through electronic communications, or 
threats implied by conduct. 
(3) DATING VIOLENCE.—The term ‘‘dating vio-
lence’’ has the meaning given the term in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925). 
(4) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925). 
(5) DOMESTIC
VIOLENCE
COALITION.—The 
term ‘‘domestic violence coalition’’ means a non-
profit, nongovernmental membership organization 
that— 
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(A) consists of the entities carrying out a 
majority of the domestic violence programs car-
ried out within a State; 
(B) collaborates and coordinates activities 
with Federal, State, and local entities to further 
the purposes of domestic violence intervention 
and prevention; and 
(C) among other activities, provides train-
ing and technical assistance to entities carrying 
out domestic violence programs within a State, 
territory, political subdivision, or area under 
Federal authority. 
(6) ELECTRONIC COMMUNICATIONS.—The term 
‘‘electronic communications’’ includes communica-
tions via telephone (including mobile phone), com-
puter, e-mail, video recorder, fax machine, telex, or 
pager. 
(7) EMPLOY; STATE.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given the terms in sec-
tion 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(8) EMPLOYEE.— 
(A) IN GENERAL.—The term ‘‘employee’’ 
means any person employed by an employer. In 
the case of an individual employed by a public 
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agency, such term means an individual em-
ployed as described in section 3(e)(2) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)). 
(B) BASIS.—The term includes a person 
employed as described in subparagraph (A) on 
a full- or part-time basis, for a fixed time pe-
riod, on a temporary basis, pursuant to a detail, 
or as a participant in a work assignment as a 
condition of receipt of Federal or State income- 
based public assistance. 
(9) EMPLOYER.—The term ‘‘employer’’— 
(A) means any person engaged in com-
merce or in any industry or activity affecting 
commerce who employs fifteen or more individ-
uals; and 
(B) includes any person acting directly or 
indirectly in the interest of an employer in rela-
tion to an employee, and includes a public agen-
cy that employs individuals as described in sec-
tion 3(e)(2) of the Fair Labor Standards Act of 
1938, but does not include any labor organiza-
tion (other than when acting as an employer) or 
anyone acting in the capacity of officer or agent 
of such labor organization. 
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(10) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
made available to employees by an employer, includ-
ing group life insurance, health insurance, disability 
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of 
an employer or through an ‘‘employee benefit plan’’, 
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
(11) FAMILY OR HOUSEHOLD MEMBER.—The 
term ‘‘family or household member’’, used with re-
spect to a person, means a nonabusive individual 
who is a spouse, former spouse, parent, son or 
daughter, or person residing or formerly residing in 
the same dwelling unit as the person. 
(12) 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). 
(13) PERSON.—The term ‘‘person’’ 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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(14) 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). 
(15) PUBLIC ASSISTANCE.—The term ‘‘public 
assistance’’ includes cash, food stamps, medical as-
sistance, housing assistance, and other benefits pro-
vided on the basis of income by a public agency. 
(16) REDUCED LEAVE SCHEDULE.—The term 
‘‘reduced leave schedule’’ means a leave schedule 
that reduces the usual number of hours per work-
week, or hours per workday, of an employee. 
(17) REPEATEDLY.—The term ‘‘repeatedly’’ 
means on two or more occasions. 
(18) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(19) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925). 
(20) SEXUAL ASSAULT COALITION.—The term 
‘‘sexual assault coalition’’ means a nonprofit, non-
governmental membership organization that— 
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(A) consists of the entities carrying out a 
majority of the sexual assault programs carried 
out within a State; 
(B) collaborates and coordinates activities 
with Federal, State, and local entities to further 
the purposes of sexual assault intervention and 
prevention; and 
(C) among other activities, provides train-
ing and technical assistance to entities carrying 
out sexual assault programs within a State, ter-
ritory, political subdivision, or area under Fed-
eral authority. 
(21) STALKING.—The term ‘‘stalking’’ has the 
meaning given the term in section 40002 of the Vio-
lence Against Women Act of 1994 (42 U.S.C. 
13925). 
(22) VICTIM OF DOMESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 
term ‘‘victim of domestic violence, dating violence, 
sexual assault, or stalking’’ includes a person who 
has been a victim of domestic violence, dating vio-
lence, sexual assault, or stalking and a person whose 
family or household member has been a victim of do-
mestic violence, dating violence, sexual assault, or 
stalking. 
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(23) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic violence, dating vio-
lence, sexual assault, or stalking, or to advocates for 
such victims, including a rape crisis center, an orga-
nization carrying out a domestic violence program, 
an organization operating a shelter or providing 
counseling services, or an organization providing as-
sistance through the legal process. 
TITLE 
I—ENTITLEMENT 
TO 
EMERGENCY LEAVE FOR AD-
DRESSING 
DOMESTIC 
VIO-
LENCE, 
DATING 
VIOLENCE, 
SEXUAL ASSAULT, OR STALK-
ING 
SEC. 101. PURPOSES. 
The purposes of this title are, pursuant to the affirm-
ative power of Congress to enact legislation under the por-
tions of section 8 of article I of the Constitution relating 
to providing for the general welfare and to regulation of 
commerce among the several States, and under section 5 
of the 14th amendment to the Constitution— 
(1) to promote the national interest in reducing 
domestic violence, dating violence, sexual assault, 
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and stalking by enabling victims of domestic vio-
lence, dating violence, sexual assault, or stalking to 
maintain the financial independence necessary to 
leave abusive situations, achieve safety, and mini-
mize the physical and emotional injuries from do-
mestic violence, dating violence, sexual assault, or 
stalking, and to reduce the devastating economic 
consequences of domestic violence, dating violence, 
sexual assault, or stalking to employers and employ-
ees; 
(2) to promote the national interest in ensuring 
that victims of domestic violence, dating violence, 
sexual assault, or stalking can recover from and cope 
with the effects of domestic violence, dating violence, 
sexual assault, or stalking, and participate in crimi-
nal and civil justice processes, without fear of ad-
verse economic consequences from their employers; 
(3) to ensure that victims of domestic violence, 
dating violence, sexual assault, or stalking can re-
cover from and cope with the effects of domestic vio-
lence, dating violence, sexual assault, or stalking, 
and participate in criminal and civil justice proc-
esses, without fear of adverse economic consequences 
with respect to public benefits; 
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(4) to promote the purposes of the 14th amend-
ment by preventing sex-based discrimination and 
discrimination against victims of domestic violence, 
dating violence, sexual assault, or stalking in em-
ployment leave, by addressing the failure of existing 
laws to protect the employment rights of victims of 
domestic violence, dating violence, sexual assault, or 
stalking, by protecting their civil and economic 
rights, and by furthering the equal opportunity of 
women for economic self-sufficiency and employment 
free from discrimination; 
(5) to minimize the negative impact on inter-
state commerce from dislocations of employees and 
harmful effects on productivity, employment, health 
care costs, and employer costs, caused by domestic 
violence, dating violence, sexual assault, or stalking, 
including intentional efforts to frustrate women’s 
ability to participate in employment and interstate 
commerce; 
(6) to further the goals of human rights and 
dignity reflected in instruments such as the Charter 
of the United Nations, the Universal Declaration of 
Human Rights, and the International Covenant on 
Civil and Political Rights; and 
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(7) to accomplish the purposes described in 
paragraphs (1) through (6) by— 
(A) entitling employed victims of domestic 
violence, dating violence, sexual assault, or 
stalking to take leave to seek medical help, legal 
assistance, counseling, safety planning, and 
other assistance without penalty from their em-
ployers; and 
(B) prohibiting employers from discrimi-
nating against actual or perceived victims of do-
mestic violence, dating violence, sexual assault, 
or stalking, in a manner that accommodates the 
legitimate interests of employers and protects 
the safety of all persons in the workplace. 
SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC VIOLENCE, DATING VI-
OLENCE, SEXUAL ASSAULT, OR STALKING. 
(a) LEAVE REQUIREMENT.— 
(1) BASIS.—An employee who is a victim of do-
mestic violence, dating violence, sexual assault, or 
stalking may take leave from work to address do-
mestic violence, dating violence, sexual assault, or 
stalking, by— 
(A) seeking medical attention for, or recov-
ering from, physical or psychological injuries 
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caused by domestic violence, dating violence, 
sexual assault, or stalking to the employee or 
the employee’s family or household member; 
(B) obtaining services from a victim serv-
ices organization for the employee or the em-
ployee’s family or household member; 
(C) obtaining psychological or other coun-
seling for the employee or the employee’s family 
or household member; 
(D) participating in safety planning, tem-
porarily or permanently relocating, or taking 
other actions to increase the safety of the em-
ployee or the employee’s family or household 
member from future domestic violence, dating 
violence, sexual assault, or stalking or ensure 
economic security; or 
(E) seeking legal assistance or remedies to 
ensure the health and safety of the employee or 
the employee’s family or household member, in-
cluding preparing for or participating in any 
civil or criminal legal proceeding related to or 
derived from domestic violence, dating violence, 
sexual assault, or stalking. 
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(2) PERIOD.—An employee may take not more 
than 30 days of leave, as described in paragraph (1), 
in any 12-month period. 
(3) SCHEDULE.—Leave described in paragraph 
(1) may be taken intermittently or on a reduced 
leave schedule. 
(b) NOTICE.—The employee shall provide the em-
ployer with reasonable notice of the employee’s intention 
to take the leave, unless providing such notice is not prac-
ticable. 
(c) CERTIFICATION.— 
(1) IN GENERAL.—The employer may require 
the employee to provide certification to the employer, 
within a reasonable period after the employer re-
quests the certification, that— 
(A) the employee or the employee’s family 
or household member is a victim of domestic vi-
olence, dating violence, sexual assault, or stalk-
ing; and 
(B) the leave is for one of the purposes 
enumerated in subsection (a)(1). 
(2) CONTENTS.—An employee may satisfy the 
certification requirement of paragraph (1) by pro-
viding to the employer— 
(A) a sworn statement of the employee; 
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(B) documentation from an employee, 
agent, or volunteer of a victim services organi-
zation, an attorney, a member of the clergy, or 
a medical or other professional, from whom the 
employee or the employee’s family or household 
member has sought assistance in addressing do-
mestic violence, dating violence, sexual assault, 
or stalking and the effects of domestic violence, 
dating violence, sexual assault, or stalking; 
(C) a police or court record; or 
(D) other corroborating evidence. 
(d) CONFIDENTIALITY.—All information provided to 
the employer pursuant to subsection (b) or (c), including 
a statement of the employee or any other documentation, 
record, or corroborating evidence, and the fact that the 
employee has requested or obtained leave pursuant to this 
section, shall be retained in the strictest confidence by the 
employer, except to the extent that disclosure is— 
(1) requested or consented to by the employee 
in writing; or 
(2) otherwise required by applicable Federal or 
State law. 
(e) EMPLOYMENT AND BENEFITS.— 
(1) RESTORATION TO POSITION.— 
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(A) IN GENERAL.—Except as provided in 
paragraph (2), any employee who takes leave 
under this section for the intended purpose of 
the leave shall be entitled, on return from such 
leave— 
(i) to be restored by the employer to 
the position of employment held by the em-
ployee when the leave commenced; or 
(ii) to be restored to an equivalent po-
sition with equivalent employment benefits, 
pay, and other terms and conditions of em-
ployment. 
(B) LOSS OF BENEFITS.—The taking of 
leave under this section shall not result in the 
loss of any employment benefit accrued prior to 
the date on which the leave commenced. 
(C) LIMITATIONS.—Nothing in this sub-
section shall be construed to entitle any re-
stored employee to— 
(i) the accrual of any seniority or em-
ployment benefits during any period of 
leave; or 
(ii) any right, benefit, or position of 
employment other than any right, benefit, 
or position to which the employee would 
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have been entitled had the employee not 
taken the leave. 
(D) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed to prohibit an em-
ployer from requiring an employee on leave 
under this section to report periodically to the 
employer on the status and intention of the em-
ployee to return to work. 
(2) EXEMPTION CONCERNING CERTAIN HIGHLY 
COMPENSATED EMPLOYEES.— 
(A) DENIAL
OF
RESTORATION.—An em-
ployer may deny restoration under paragraph 
(1) to any employee described in subparagraph 
(B) if— 
(i) such denial is necessary to prevent 
substantial and grievous economic injury to 
the operations of the employer; 
(ii) the employer notifies the employee 
of the intent of the employer to deny res-
toration on such basis at the time the em-
ployer determines that such injury would 
occur; and 
(iii) in any case in which the leave has 
commenced, the employee elects not to re-
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