I 
108TH CONGRESS 
1ST SESSION H. R. 3420
To promote the economic security and safety of victims of domestic and 
sexual violence, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 30, 2003
Ms. ROYBAL-ALLARD (for herself, Mrs. MALONEY, Mr. ABERCROMBIE, Mr. 
DAVIS of Illinois, Mr. FARR, Mr. GREEN of Texas, Mr. GUTIERREZ, Mr. 
HINOJOSA, Mrs. JONES of Ohio, Ms. KAPTUR, Mr. KIND, Mrs. MCCAR-
THY of New York, Mr. MCGOVERN, Mr. MCNULTY, Mr. MOORE, Mrs. 
NAPOLITANO, Ms. NORTON, Mr. OWENS, Mr. PALLONE, Mr. REYES, Mr. 
SANDLIN, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. STARK, Mrs. 
TAUSCHER, Ms. WATSON, Mr. WEINER, Mr. WU, Ms. BALDWIN, Ms. 
MCCOLLUM, Ms. WATERS, Ms. BERKLEY, and Mr. KUCINICH) introduced 
the following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committees on Ways and Means, 
and Financial 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 and sexual violence, 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 Act’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—ENTITLEMENT TO EMERGENCY LEAVE FOR 
ADDRESSING DOMESTIC OR SEXUAL VIOLENCE 
Sec. 101. Purposes. 
Sec. 102. Entitlement to emergency leave for addressing domestic or sexual vio-
lence. 
Sec. 103. Existing leave usable for addressing domestic or sexual violence. 
Sec. 104. Emergency benefits. 
Sec. 105. Effect on other laws and employment benefits. 
Sec. 106. Conforming amendments. 
Sec. 107. 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. 
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—WORKPLACE SAFETY PROGRAM TAX CREDIT 
Sec. 501. Credit for costs to employers of implementing workplace safety pro-
grams. 
TITLE VI—NATIONAL CLEARINGHOUSE ON DOMESTIC AND 
SEXUAL VIOLENCE IN THE WORKPLACE GRANT 
Sec. 601. National clearinghouse on domestic and sexual violence in the work-
place grant.
TITLE VII—SEVERABILITY 
Sec. 701. Severability.
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Domestic violence crimes account for ap-
proximately 15 percent of total crime costs in the 
United States each year. 
(2) Violence against women has been reported 
to be the leading cause of physical injury to women. 
Such violence has a devastating impact on women’s 
physical and emotional health and financial security. 
(3) According to a recent National Institutes of 
Health—Centers for Disease Control and Prevention 
study, each year there are 5,300,000 non-fatal vio-
lent victimizations committed by intimate partners 
against women. Female murder victims were sub-
stantially more likely than male murder victims to 
have been killed by an intimate partner. About 1⁄3 of 
female murder victims, and about 4 percent of male 
murder victims, were killed by an intimate partner. 
(4) According to recent government estimates, 
approximately 987,400 rapes occur annually in the 
United States, 89 percent of the rapes perpetrated 
against female victims. Since 2001, rapes have actu-
ally increased by 4 percent.
(5) 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. 
(6) 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. 
(7) Victims of domestic violence, dating vio-
lence, sexual assault, and stalking are particularly 
vulnerable to changes in employment, pay, and bene-
fits as a result of their victimizations, and are, 
therefore, in need of legal protection. 
(8) The prevalence of domestic violence, dating 
violence, sexual assault, stalking, and other violence 
against women at work is 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 1 out of 10 violent workplace inci-
dents are committed by partners or spouses. Women 
who work for State and local governments suffer a
higher incidence of workplace assaults, including 
rapes, than women who work in the private sector. 
(9) 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. 
(10) Studies indicate that between 35 and 56 
percent of employed battered women surveyed were 
harassed at work by their abusive partners. 
(11) 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 
the victims lost a job due, at least in part, to domes-
tic violence. 
(12) 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. 
(13) Abusers frequently seek to control their 
partners by actively interfering with their ability to 
work, including preventing their partners from going
to work, harassing their partners at work, limiting 
the access of their partners to cash or transpor-
tation, and sabotaging the child care arrangements 
of their partners. 
(14) More than 1⁄2 of women receiving welfare 
have been victims of domestic violence as adults and 
between 1⁄4 and 1⁄3 reported being abused in the last 
year. 
(15) Victims of intimate partner violence lose 
8,000,000 days of paid work each year—the equiva-
lent of over 32,000 full-time jobs and 5,600,000 
days of household productivity. 
(16) 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. 
(17) More than 35 percent of stalking victims 
report losing time from work due to the stalking and 
7 percent never return to work. 
(18)(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). 
(19) Violent crime results in wage losses equiv-
alent 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. 
(20) 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. 
(21) United States medical costs for domestic 
violence have been estimated to be $31,000,000,000 
per year.
(22) Surveys of business executives and cor-
porate security directors also underscore the heavy 
toll that workplace violence takes on women, busi-
nesses, and interstate commerce in the United 
States. 
(23) Ninety-four percent of corporate security 
and safety directors at companies nationwide rank 
domestic violence as a high security concern. 
(24) 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. 
(25) Only 25 States have laws that explicitly 
provide unemployment insurance to domestic vio-
lence victims in certain circumstances, and none of 
the laws explicitly cover victims of sexual assault or 
stalking. 
(26) Only 6 States provide domestic violence 
victims with leave from work to go to court, to the 
doctor, or to take other steps to address the domes-
tic violence in their lives, and only Maine provides 
such leave to victims of sexual assault and stalking.
(27) No States prohibit employment discrimina-
tion against victims of domestic violence, sexual as-
sault, or stalking. Five States provide limited protec-
tion to some victims under certain circumstances. 
(28) 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. 
(29) 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. 
(30) 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 these problems, the scope of 
protection afforded by the laws adopted varies from
State to State, with many failing to address the 
problem comprehensively. Moreover, Federal law
prevents States from protecting the almost 40 per-
cent of employees whose employers self-insure em-
ployee benefits. 
(31) 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) 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; nor does it prohibit insurers from disclo-
sure of information about abuse and the vic-
tim’s location through insurance databases and 
other means. 
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 
826 of the Higher Education Amendments of 1998 
(20 U.S.C. 1152). 
(4) DOMESTIC
OR
SEXUAL
VIOLENCE.—The 
term ‘‘domestic or sexual violence’’ means domestic 
violence, dating violence, sexual assault, or stalking. 
(5) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section
826 of the Higher Education Amendments of 1998 
(20 U.S.C. 1152). 
(6) DOMESTIC
VIOLENCE
COALITION.—The 
term ‘‘domestic violence coalition’’ means a non-
profit, nongovernmental membership organization 
that—
(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. 
(7) ELECTRONIC COMMUNICATIONS.—The term 
‘‘electronic communications’’ includes communica-
tions via telephone, mobile phone, computer, e-mail, 
video recorder, fax machine, telex, or pager. 
(8) 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). 
(9) EMPLOYEE.—
(A) IN GENERAL.—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 em-
ployed as described in section 3(e) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
203(e)). 
(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, 
as an independent contractor, or as a partici-
pant in a work assignment as a condition of re-
ceipt of Federal or State income-based public 
assistance. 
(10) EMPLOYER.—The term ‘‘employer’’—
(A) means any person engaged in com-
merce or in any industry or activity affecting 
commerce who employs 15 or more individuals; 
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, 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. 
(11) 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)). 
(12) FAMILY OR HOUSEHOLD MEMBER.—The 
term ‘‘family or household member’’ means a 
spouse, former spouse, parent, son or daughter, or 
person residing or formerly residing in the same 
dwelling unit. 
(13) 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).
(14) 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). 
(15) 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). 
(16) 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. 
(17) 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.
(18) REPEATEDLY.—The term ‘‘repeatedly’’ 
means on 2 or more occasions. 
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(20) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
826 of the Higher Education Amendments of 1998 
(20 U.S.C. 1152).
(21) SEXUAL ASSAULT COALITION.—The term 
‘‘sexual assault coalition’’ means a nonprofit, non-
governmental membership organization that—
(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. 
(22) STALKING.—The term ‘‘stalking’’ means 
engaging in a course of conduct directed at a spe-
cific person that would cause a reasonable person to 
suffer substantial emotional distress or to fear bodily 
injury, sexual assault, or death to the person, or the 
person’s spouse, parent, or son or daughter, or any 
other person who regularly resides in the person’s 
household, if the conduct causes the specific person 
to have such distress or fear.
(23) VICTIM
OF
DOMESTIC
OR
SEXUAL
VIO-
LENCE.—The term ‘‘victim of domestic or sexual vi-
olence’’ includes a person who has been a victim of 
domestic or sexual violence and a person whose fam-
ily or household member has been a victim of domes-
tic or sexual violence. 
(24) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic or sexual violence 
or to advocates for such victims, including a rape 
crisis center, an organization carrying out a domes-
tic violence program, an organization operating a 
shelter or providing counseling services, or an orga-
nization providing assistance through the legal proc-
ess. 
TITLE 
I—ENTITLEMENT 
TO 
EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC OR SEX-
UAL VIOLENCE 
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, 
and stalking by enabling victims of domestic or sex-
ual violence to maintain the financial independence 
necessary to leave abusive situations, achieve safety, 
and minimize the physical and emotional injuries 
from domestic or sexual violence, and to reduce the 
devastating economic consequences of domestic or 
sexual violence to employers and employees; 
(2) to promote the national interest in ensuring 
that victims of domestic or sexual violence can re-
cover from and cope with the effects of such vio-
lence, and participate in criminal and civil justice 
processes, without fear of adverse economic con-
sequences from their employers; 
(3) to ensure that victims of domestic or sexual 
violence can recover from and cope with the effects 
of such violence, and participate in criminal and civil 
justice processes, without fear of adverse economic 
consequences with respect to public benefits; 
(4) to promote the purposes of the 14th amend-
ment by preventing sex-based discrimination and 
discrimination against victims of domestic and sex-
ual violence in employment leave, addressing the 
failure of existing laws to protect the employment 
rights of victims of domestic or sexual violence, by 
protecting their civil and economic rights, and by 
furthering the equal opportunity of women for eco-
nomic self-sufficiency and employment free from dis-
crimination; 
(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 
or sexual violence, including intentional efforts to 
frustrate women’s ability to participate in employ-
ment and interstate commerce; 
(6) to further the goals of human rights and 
dignity reflected in instruments such as the United 
Nations Charter, the Universal Declaration of 
Human Rights, and the International Covenant on 
Civil and Political Rights; and 
(7) to accomplish the purposes described in 
paragraphs (1) through (6) by—
(A) entitling employed victims of domestic 
or sexual violence to take leave to seek medical 
help, legal assistance, counseling, safety plan-
ning, and other assistance without penalty from 
their employers; and 
(B) prohibiting employers from discrimi-
nating against actual or perceived victims of do-
mestic or sexual violence, in a manner that ac-
commodates the legitimate interests of employ-
ers and protects the safety of all persons in the 
workplace. 
SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC OR SEXUAL VIOLENCE. 
(a) LEAVE REQUIREMENT.— 
(1) BASIS.—An employee who is a victim of do-
mestic or sexual violence may take leave from work 
to address domestic or sexual violence, by—
(A) seeking medical attention for, or recov-
ering from, physical or psychological injuries 
caused by domestic or sexual violence 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;
(1) IN GENERAL.—The employer may require 
the employee to provide certification to the employer 
that—
(A) the employee or the employee’s family 
or household member is a victim of domestic or 
sexual violence; and 
(B) the leave is for 1 of the purposes enu-
merated in subsection (a)(1). 
The employee shall provide a copy of such certifi-
cation to the employer within a reasonable period 
after the employer requests certification. 
(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; 
(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 or sexual violence and the effects of the 
violence; 
(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.—
(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 
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-
turn to employment after receiving such 
notice. 
(B) AFFECTED EMPLOYEES.—An employee 
referred to in subparagraph (A) is a salaried 
employee who is among the highest paid 10 per-
cent of the employees employed by the employer 
within 75 miles of the facility at which the em-
ployee is employed. 
(3) MAINTENANCE OF HEALTH BENEFITS.—
(A) COVERAGE.—Except as provided in 
subparagraph (B), during any period that an 
employee takes leave under this section, the em-
ployer shall maintain coverage under any group
health plan (as defined in section 5000(b)(1) of 
the Internal Revenue Code of 1986) for the du-
ration of such leave at the level and under the 
conditions coverage would have been provided if 
the employee had continued in employment con-
tinuously for the duration of such leave.
(B) FAILURE TO RETURN FROM LEAVE.—
The employer may recover the premium that 
the employer paid for maintaining coverage for 
the employee under such group health plan dur-
ing any period of leave under this section if—
(i) the employee fails to return from 
leave under this section after the period of 
leave to which the employee is entitled has 
expired; and 
(ii) the employee fails to return to 
work for a reason other than—
(I) the continuation, recurrence, 
or onset of domestic or sexual vio-
lence, that entitles the employee to 
leave pursuant to this section; or 
(II) other circumstances beyond 
the control of the employee. 
(C) CERTIFICATION.—
(i) ISSUANCE.—An employer may re-
quire an employee who claims that the em-
ployee is unable to return to work because 
of a reason described in subclause (I) or 
(II) of subparagraph (B)(ii) to provide, 
within a reasonable period after making 
the claim, certification to the employer 
that the employee is unable to return to 
work because of that reason. 
(ii) CONTENTS.—An employee may 
satisfy the certification requirement of 
clause (i) by providing to the employer—
(I) a sworn statement of the em-
ployee; 
(II) documentation from an em-
ployee, agent, or volunteer of a victim 
services organization, an attorney, a 
member of the clergy, or a medical or 
other professional, from whom the 
employee has sought assistance in ad-
dressing domestic or sexual violence 
and the effects of that violence; 
(III) a police or court record; or 
(IV) other corroborating evi-
dence.
(2) to promote the national interest in ensuring 
that victims of domestic or sexual violence can re-
cover from and cope with the effects of such victim-
ization and participate in the criminal and civil jus-
tice processes without fear of adverse economic con-
sequences; 
(3) to minimize the negative impact on inter-
state commerce from dislocations of employees and 
harmful effects on productivity, loss of employment, 
health care costs, and employer costs, caused by do-
mestic or sexual violence including intentional efforts 
to frustrate the ability of women to participate in 
employment and interstate commerce; 
(4) to promote the purposes of the 14th amend-
ment to the Constitution by preventing sex-based 
discrimination and discrimination against victims of 
domestic and sexual violence in unemployment insur-
ance, by addressing the failure of existing laws to 
protect the employment rights of victims of domestic 
or sexual violence, by protecting their civil and eco-
nomic rights, and by furthering the equal oppor-
tunity of women for economic self-sufficiency and 
employment free from discrimination; and 
(5) to accomplish the purposes described in 
paragraphs (1) through (4) by providing unemploy-