I 
114TH CONGRESS 
1ST SESSION H. R. 3841 
To promote the economic security and safety of survivors of domestic violence, 
dating violence, sexual assault, or stalking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 27, 2015 
Ms. ROYBAL-ALLARD (for herself, Ms. MATSUI, Mr. TAKANO, Ms. CLARK of 
Massachusetts, Ms. EDWARDS, Mr. RICHMOND, and Ms. BORDALLO) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committees on Finan-
cial Services, Ways and Means, and the Judiciary, for a period to be sub-
sequently 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 survivors 
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 Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—REAUTHORIZATION OF NATIONAL RESOURCE CENTER 
GRANTS ON WORKPLACE RESPONSES TO ASSIST SURVIVORS OF 
DOMESTIC AND SEXUAL VIOLENCE 
Sec. 101. Grant program reauthorization. 
TITLE II—SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, 
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 
Sec. 201. Definitions. 
Sec. 202. Entitlement to safe leave for addressing domestic violence, dating vio-
lence, sexual assault, or stalking. 
Sec. 203. Existing leave usable for addressing domestic violence, dating vio-
lence, sexual assault, or stalking. 
Sec. 204. Emergency benefits. 
Sec. 205. Rule of construction. 
Sec. 206. Regulations. 
TITLE III—SURVIVORS’ EMPLOYMENT SUSTAINABILITY 
Sec. 301. Short title. 
Sec. 302. Prohibited discriminatory acts. 
Sec. 303. Enforcement. 
Sec. 304. Regulations. 
Sec. 305. Attorney’s fees. 
TITLE IV—ENTITLEMENT TO UNEMPLOYMENT COMPENSATION 
FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 
SEXUAL ASSAULT, OR STALKING 
Sec. 401. Unemployment compensation and training provisions. 
TITLE V—INSURANCE PROTECTIONS AND SUPPORT FOR SUR-
VIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
ASSAULT, OR STALKING 
Subtitle A—Insurance Protections 
Sec. 501. Definitions. 
Sec. 502. Discriminatory acts prohibited. 
Sec. 503. Insurance protocols for survivors of domestic violence, dating violence, 
sexual assault, or stalking. 
Sec. 504. Reasons for adverse actions. 
Sec. 505. Life insurance. 
Sec. 506. Subrogation without consent prohibited. 
Sec. 507. Enforcement. 
Sec. 508. Applicability. 
Subtitle B—Supporting and Empowering Survivors 
Sec. 511. Study and reports on barriers to survivors’ economic security access. 
Sec. 512. Domestic violence, dating violence, sexual assault, and stalking edu-
cation and information programs for survivors. 
Sec. 513. Investing in public health infrastructure to improve support for sur-
vivors. 
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Sec. 514. Financial literacy and advocacy for survivors of domestic violence, 
dating violence, sexual assault, or stalking. 
TITLE VI—SEVERABILITY 
Sec. 601. Severability. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Violence against women has been reported 
as the leading cause of physical injury to women. 
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 and economic security. 
(2) The Office on Violence Against Women of 
the Department of Justice defines domestic violence 
as a pattern of abusive behavior in any relationship 
that is used by one intimate partner to gain or 
maintain power and control over another intimate 
partner. Domestic violence can be physical, sexual, 
emotional, economic, or psychological actions or 
threats of actions that influence another person. Do-
mestic violence includes any behaviors that intimi-
date, manipulate, humiliate, isolate, frighten, ter-
rorize, coerce, threaten, blame, hurt, injure, or 
wound an individual. 
(3) The Centers for Disease Control and Pre-
vention report that domestic violence or intimate 
partner violence is a serious public health issue for 
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millions of individuals in the United States. Nearly 
one in four women and one in seven men in the 
United States have suffered severe physical violence 
by an intimate partner. 
(4) 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. One study found that intimate part-
ner violence resulted in 142 homicides among women 
at work in the United States from 2003 to 2008, a 
figure which represents 22 percent of the 648 work-
place homicides among women during the period. In 
fact, in 2010, homicides against women at work in-
creased by 13 percent despite continuous declines in 
overall workplace homicides in recent years. 
(5) Women in the United States are 11 times 
more likely to be murdered with guns than women 
in other high-income countries. Female intimate 
partners are more likely to be murdered with a fire-
arm than all other means combined. The presence of 
a gun in domestic violence situations increases the 
risk of homicide for women by 500 percent. 
(6) Violence can have a dramatic impact on the 
survivor of such violence. Studies indicate that be-
tween 35 and 56 percent of employed survivors of 
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domestic violence who are women were harassed at 
work by their abusive partners. More than 35 per-
cent of stalking survivors report losing time from 
work due to the stalking and seven percent of such 
survivors never return to work. Sexual assault, 
whether occurring in or out of the workplace, can 
impair an employee’s work performance, require 
time away from work, and undermine the employee’s 
ability to maintain a job. Nearly 50 percent of sex-
ual assault survivors lose their jobs or are forced to 
quit in the aftermath of the assaults. 
(7) Studies find that 60 percent of single 
women lack economic security and 81 percent of 
households with single mothers live in economic inse-
curity. Research shows that expenses such as hous-
ing, transportation, and child care are often cited as 
the most significant barriers that survivors confront 
when attempting to escape violence or rebuild their 
lives. Survivors are deprived of their autonomy, lib-
erty, and security, and face tremendous threats to 
their health and safety. 
(8) The Centers for Disease Control and Pre-
vention report that survivors of severe intimate part-
ner violence lose nearly 8,000,000 days of paid work, 
which is the equivalent of more than 32,000 full- 
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time jobs and almost 5,600,000 days of household 
productivity each year. Therefore, women dispropor-
tionately need time off to care for their health or to 
find safety solutions, such as obtaining a restraining 
order or finding housing, to avoid or prevent further 
violence. 
(9) According to the Centers for Disease Con-
trol and Prevention, the costs of intimate partner vi-
olence against women in 1995 exceeded an estimated 
$5,800,000,000. 
These 
costs 
included 
nearly 
$4,100,000,000 in the direct costs of medical and 
mental health care and nearly $1,800,000,000 in the 
indirect costs of lost productivity. These statistics 
are generally considered to be underestimated be-
cause the costs associated with the criminal justice 
system are not included. 
(10) Fifty-five percent of senior executives re-
cently surveyed said domestic violence has a harmful 
effect on their company’s productivity, and more 
than 70 percent said domestic violence negatively af-
fects attendance. Seventy-eight percent of human re-
sources 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 
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domestic violence. In fact, only four percent of em-
ployers provided training on domestic violence. 
(11) Studies indicate that one of the best pre-
dictors of whether a survivor will be able to stay 
away from his or her abuser is the degree of his or 
her economic independence. However, domestic vio-
lence, dating violence, sexual assault, and stalking 
often negatively impact a survivor’s ability to main-
tain employment. 
(12) 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 their partners’ access to cash 
or transportation, and sabotaging their partners’ 
child care arrangements. 
(13) The Patient Protection and Affordable 
Care Act (Public Law 111–148), and the amend-
ments made by such Act, ensures that most health 
plans must cover preventive services, including 
screening and counseling for domestic violence, at no 
additional cost. In addition, it prohibits insurance 
companies from discriminating against patients for 
preexisting conditions, like domestic violence. 
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vivors through insurance databases and other 
means. 
(15) October is National Domestic Violence 
Awareness Month. 
(16) This Act aims to empower survivors of do-
mestic violence, dating violence, sexual assault, or 
stalking to be free from violence, hardship, and con-
trol, which restrains basic human rights to freedom 
and safety in the United States. 
TITLE I—REAUTHORIZATION OF 
NATIONAL 
RESOURCE 
CEN-
TER GRANTS ON WORKPLACE 
RESPONSES TO ASSIST SUR-
VIVORS OF DOMESTIC AND 
SEXUAL VIOLENCE 
SEC. 101. GRANT PROGRAM REAUTHORIZATION. 
(a) INFORMATION AND ASSISTANCE TO SURVIVOR 
SERVICE
PROVIDERS
AND
COMMUNITY
ORGANIZA-
TIONS.—Section 41501(a) of the Violence Against Women 
Act of 1994 (42 U.S.C. 14043f(a)) is amended by striking 
the period at the end and inserting ‘‘, and to survivor serv-
ices organizations (as defined in section 201 of the Secu-
rity and Financial Empowerment Act of 2015) (including 
community based organizations) and tribal, State, and ter-
ritorial domestic violence or sexual assault coalitions to en-
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able the organizations and coalitions to provide resource 
materials or other assistance to employers, labor organiza-
tions, or employees.’’. 
(b) ADMINISTRATIVE PROVISIONS.—Section 41501 
of the Violence Against Women Act of 1994 (42 U.S.C. 
14043f) is amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—From the amount appro-
priated pursuant to subsection (e) for each fiscal 
year, the Attorney General shall not use more than 
2.5 percent for the administration and monitoring of 
grants made available under this section. 
‘‘(2) EVALUATIONS.—From the amount appro-
priated pursuant to subsection (e) for each fiscal 
year, the Director shall not use more than 5 percent 
to award contracts or cooperative agreements to en-
tities with demonstrated expertise in program eval-
uation, to evaluate programs under this section.’’. 
TITLE II—SAFE LEAVE FOR AD-
DRESSING 
DOMESTIC 
VIO-
LENCE, 
DATING 
VIOLENCE, 
SEXUAL ASSAULT, OR STALK-
ING 
SEC. 201. DEFINITIONS. 
As used in this title, the following definitions apply: 
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(1) DOMESTIC
VIOLENCE; DATING
VIOLENCE; 
SEXUAL ASSAULT; STALKING.—The terms ‘‘domestic 
violence’’, ‘‘dating violence’’, ‘‘sexual assault’’, and 
‘‘stalking’’ have the meanings given the terms in sec-
tion 40002 of the Violence Against Women Act of 
1994 (42 U.S.C. 13925). 
(2) DOMESTIC PARTNER.— 
(A) IN
GENERAL.—The term ‘‘domestic 
partner’’, with respect to an individual, means 
another individual with whom the first indi-
vidual is in a committed relationship. 
(B) 
COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘‘committed relationship’’ 
means a relationship between two individuals, 
each at least 18 years of age, in which each in-
dividual is the other individual’s sole domestic 
partner and both individuals share responsi-
bility for a significant measure of each other’s 
common welfare. The term includes any such 
relationship between two individuals, including 
individuals of the same sex, that is granted 
legal recognition by a State or political subdivi-
sion of a State as a marriage or analogous rela-
tionship, including a civil union or domestic 
partnership. 
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(3) 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). 
(4) 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)(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. 
(5) 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 
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(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. 
(6) 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)). 
(7) FAMILY
OR
HOUSEHOLD
MEMBER.—The 
term ‘‘family or household member’’, used with re-
spect to a person, means an individual who— 
(A) is a son or daughter, parent, spouse, 
domestic partner, or any other individual re-
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lated by blood or affinity whose close associa-
tion with the person is the equivalent of a fam-
ily relationship; and 
(B) is not the abuser (as defined in section 
501) involved. 
(8) 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). 
(9) 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). 
(10) PUBLIC ASSISTANCE.—The term ‘‘public 
assistance’’ includes cash, benefits issued under a 
supplement nutrition assistance program under sec-
tion 4 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2013), medical assistance, housing assist-
ance, and other benefits provided on the basis of in-
come by a public agency. 
(11) SURVIVOR OF DOMESTIC VIOLENCE, DAT-
ING VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 
The term ‘‘survivor of domestic violence, dating vio-
lence, sexual assault, or stalking’’ includes— 
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(A) a person who has experienced or is ex-
periencing domestic violence, dating violence, 
sexual assault, or stalking; and 
(B) a person whose family or household 
member has experienced or is experiencing do-
mestic violence, dating violence, sexual assault, 
or stalking. 
(12) SURVIVOR SERVICES ORGANIZATION.—The 
term ‘‘survivor services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to survivors of domestic violence, dating 
violence, sexual assault, or stalking, or to advocates 
for such survivors, including a rape crisis center, an 
organization carrying out a domestic violence pro-
gram, an organization operating a shelter or pro-
viding counseling services, an organization providing 
assistance through the legal process, or another enti-
ty that provides assistance to such survivors. 
SEC. 202. ENTITLEMENT TO SAFE LEAVE FOR ADDRESSING 
DOMESTIC VIOLENCE, DATING VIOLENCE, 
SEXUAL ASSAULT, OR STALKING. 
(a) SAFE LEAVE GENERALLY.—An employer shall 
provide each employee employed by the employer not less 
than 30 days of safe leave in a 12-month period. The leave 
may be unpaid leave, unless the employee uses paid leave 
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from the portion earned under subsection (b) or sub-
stitutes leave under section 203. An employee may take 
not more than a total of 30 days of safe leave in a 12- 
month period under this section, including the portion of 
the leave described in subsection (b), in addition to any 
leave taken (directly or indirectly) under title I of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2611 
et seq.), or subchapter V of chapter 63 of title 5, United 
States Code. 
(b) SAFE LEAVE.— 
(1) IN GENERAL.—As a portion of the 30 days 
of safe leave described in subsection (a), the em-
ployer shall provide each employee employed by the 
employer not less than one hour of earned paid safe 
leave for every 30 hours worked, to be used as de-
scribed in subsection (c). An employer shall not be 
required to permit an employee to earn, under this 
subsection, more than 56 hours of paid safe leave in 
a year, unless the employer chooses to set a higher 
limit. 
(2) EXEMPT EMPLOYEES.— 
(A) IN GENERAL.—Except as provided in 
paragraph (3), for purposes of this subsection, 
an employee who is exempt from overtime re-
quirements under section 13(a)(1) of the Fair 
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Labor Standards Act of 1938 (29 U.S.C. 
213(a)(1)) shall be assumed to work 40 hours 
in each workweek. 
(B) SHORTER
NORMAL
WORKWEEK.—If 
the normal workweek of such an employee is 
less than 40 hours, the employee shall earn 
paid safe leave based upon that normal work-
week. 
(3) DATES
FOR
BEGINNING
TO
EARN
PAID 
SAFE LEAVE AND USE.—Employees shall begin to 
earn paid safe leave under this subsection at the 
commencement of their employment. An employee 
shall be entitled to use the earned paid safe leave be-
ginning on the 60th calendar day following com-
mencement of the employee’s employment. After 
that 60th calendar day, the employee may use the 
paid safe leave as the leave is earned. An employer 
may, at the discretion of the employer, loan paid 
safe leave to an employee for use by such employee 
in advance of the employee earning such safe leave 
as provided in this subsection and may permit use 
before the 60th day of employment. 
(4) CARRYOVER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), paid safe leave earned under 
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this subsection shall carry over from one year 
to the next. 
(B) CONSTRUCTION.—This title shall not 
be construed to require an employer to permit 
an employee to earn more than 56 hours of 
earned paid safe leave at a given time. 
(5) EMPLOYERS
WITH
EXISTING
POLICIES.— 
Any employer with a paid leave policy who makes 
available an amount of safe paid leave that is suffi-
cient to meet the requirements of this subsection 
and that may be used for the same purposes and 
under the same conditions as the purposes and con-
ditions outlined in subsection (c) shall not be re-
quired to permit an employee to earn additional paid 
safe leave under this subsection. 
(6) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement to an employee from an employer upon 
the employee’s termination, resignation, retirement, 
or other separation from employment for earned 
paid safe leave that has not been used. 
(7) REINSTATEMENT.—If an employee is sepa-
rated from employment with an employer and is re-
hired, within 12 months after that separation, by the 
same employer, the employer shall (in addition to 
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providing unpaid safe leave in accordance with sub-
section (a)) reinstate the employee’s previously 
earned paid safe leave. The employee shall be enti-
tled to use the earned paid safe leave and earn addi-
tional paid safe leave at the recommencement of em-
ployment with the employer. 
(c) USES.—Safe leave earned under this section may 
be used by an employee for an absence resulting from do-
mestic violence, dating violence, sexual assault, or stalk-
ing, if the leave is to— 
(1) seek medical attention for the employee or 
the employee’s family or household member, to re-
cover from physical or psychological injury or dis-
ability caused by domestic violence, dating violence, 
sexual assault, or stalking; 
(2) obtain or assist a family or household mem-
ber in obtaining services from a survivor services or-
ganization; 
(3) obtain or assist a family or household mem-
ber in obtaining behavioral health services or coun-
seling; 
(4) participate in safety planning, temporary or 
permanent relocation, or taking other actions, to in-
crease the safety of the employee or family or house-
hold member; or 
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(5) take legal action, including preparing for or 
participating in any civil or criminal legal proceeding 
related to or resulting from domestic violence, dating 
violence, sexual assault, or stalking. 
(d) PROCEDURES.— 
(1) REQUEST.—Safe leave shall be provided 
upon the oral or written request of an employee. 
Such request shall— 
(A) include the expected duration of the 
period of such leave; and 
(B) be provided as soon as practicable 
after the employee is aware of the need for such 
period. 
(2) SCHEDULING.—An employee shall make a 
reasonable effort to schedule a period of safe leave 
under this title in a manner that does not unduly 
disrupt the operations of the employer, unless sched-
uling the period of leave in that manner is not prac-
ticable. 
(3) CERTIFICATION.— 
(A) IN GENERAL.—An employer may re-
quire that a request for safe leave under this 
section for a purpose described in subsection (c) 
be supported— 
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(i) by any form of certification (but 
the employer may not specify the par-
ticular form of certification to be provided) 
consisting of— 
(I) a sworn statement of the em-
ployee or the family or household 
member, as the case may be; 
(II) a police report indicating 
that the employee, or a family or 
household member of the employee, 
was a survivor of domestic violence, 
dating violence, sexual assault, or 
stalking; 
(III) a court order protecting or 
separating the employee or a family or 
household member of the employee 
from the perpetrator of an act of do-
mestic violence, dating violence, sexual 
assault, or stalking, or other evidence 
from the court or prosecuting attorney 
that the employee or family or house-
hold member has appeared in court or 
is scheduled to appear in court in a 
proceeding related to domestic vio-
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lence, dating violence, sexual assault, 
or stalking; 
(IV) documentation from an em-
ployee or volunteer working for a sur-
vivor services organization, an attor-
ney, a police officer, a medical profes-
sional, a social worker, an antiviolence 
counselor, a member of the clergy, or 
another professional, affirming that 
the employee or a family or household 
member of the employee is a survivor 
of domestic violence, dating violence, 
sexual assault, or stalking; or 
(V) other corroborating evidence 
concerning the employee or family or 
household member; and 
(ii) if the survivor is the employee’s 
family or household member, in order to 
verify the employee’s relationship with the 
survivor, by information that may include 
a sworn statement of the employee, a birth 
certificate, a court document, or other cor-
roborating evidence. 
(B) SURVIVOR
INFORMATION
PROTEC-
TIONS.— 
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(i) IN
GENERAL.—The certification 
shall state the reason that the safe leave is 
required with the facts to be disclosed lim-
ited to the minimum necessary to establish 
a need for the employee to be absent from 
work, and the employee shall not be re-
quired to explain the details of the domes-
tic violence, dating violence, sexual assault, 
or stalking involved. 
(ii) LIMITATION ON INFORMATION RE-
QUIREMENTS.—An employer may not re-
quire an employee, in order to obtain leave 
under this section, to produce, discuss with 
the employer, or provide— 
(I) any additional information, 
beyond the information enumerated in 
this subsection that establishes that 
the employee is eligible for leave 
under this section; or 
(II) any information that would 
compromise the safety of the employee 
or family or household member in any 
way. 
(C) TIMELINESS.—The employee shall pro-
vide a copy of such certification to the employer 
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in a timely manner, not later than 30 days 
after the first day of the period of leave to the 
extent possible. The employer shall not delay 
the commencement of the period of leave on the 
basis that the employer has not yet received the 
certification. 
(4) PROHIBITION.—An employer may not re-
quire, as a condition of providing safe leave under 
this title, that the employee involved search for or 
find a replacement employee to cover the hours dur-
ing which the employee is using safe leave. 
(e) CONFIDENTIALITY; NONDISCLOSURE FOR SUR-
VIVORS.— 
(1) CONFIDENTIALITY.—All information pro-
vided to the employer pursuant to subsection (c) or 
(d), and the facts that the employee or family or 
household member is a survivor of domestic violence, 
dating violence, sexual assault, or stalking, and the 
employee has requested or obtained safe leave pursu-
ant to this section, shall be retained in the strictest 
confidence by the employer, except to the extent that 
disclosure is— 
(A) requested or consented to by the em-
ployee in writing; or 
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(B) otherwise required by applicable Fed-
eral or State law. 
(2) 
CONFIDENTIAL
COMMUNICATIONS.—The 
provision of any information under this section does 
not waive or diminish the confidential or privileged 
nature of communications between a survivor of do-
mestic violence, dating violence, sexual assault, or 
stalking with one or more of the individuals or enti-
ties providing information under subclause (II), 
(III), (IV), or (V) of clause (i), or clause (ii), of sub-
section (d)(3)(A). 
(3) NONDISCLOSURE.—If an employer pos-
sesses health information about an employee or an 
employee’s family or household member, such infor-
mation shall— 
(A) be maintained on a separate form and 
in a separate file from other personnel informa-
tion; 
(B) be treated as a confidential medical 
record; and 
(C) not be disclosed except to the affected 
employee or with the written permission of the 
affected employee. 
(f) 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 any accrual, right, benefit, 
or position described in section 104(a)(3) of the 
Family and Medical Leave Act of 1993 (29 
U.S.C. 2614(a)(3)). 
(D) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed to prohibit an em-
ployer from requiring an employee on leave 
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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 
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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 (meaning a group health plan as 
defined in section 5000(b)(1) of the Internal 
Revenue Code of 1986 or an employee welfare 
benefit plan as defined in section 3(1) of the 
Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1002(1))) for the duration of 
such leave at the level and under the conditions 
coverage would have been provided if the em-
ployee had continued in employment continu-
ously 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 
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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 of, recur-
rence of, or onset of an episode of do-
mestic violence, dating violence, sexual 
assault, or stalking, 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 the circumstances that 
formed the basis for that claim. 
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(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 sur-
vivor services organization, an attor-
ney, 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, including the ef-
fects of domestic violence, dating vio-
lence, sexual assault, or stalking; 
(III) a police or court record; or 
(IV) other corroborating evi-
dence. 
(D) LIMITATION
ON
INFORMATION
RE-
QUIREMENTS.—An employer may not require 
an employee, under subparagraph (C), to 
produce, discuss with the employer, or pro-
vide— 
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(i) any additional information, beyond 
the information enumerated in this para-
graph that establishes that the employee is 
unable to return as described in subpara-
graph (C)(i); or 
(ii) any information that would com-
promise the safety of the employee or fam-
ily or household member in any way. 
(E) CONFIDENTIALITY.—All information 
provided to the employer pursuant to subpara-
graph (C), including a statement of the em-
ployee or any other documentation, record, or 
corroborating evidence, and the fact that the 
employee is not returning to work because of a 
reason described in subclause (I) or (II) of sub-
paragraph (B)(ii), shall be retained in the 
strictest confidence by the employer, except to 
the extent that disclosure is— 
(i) requested or consented to by the 
employee in writing; or 
(ii) otherwise required by applicable 
Federal or State law. 
(F) CONFIDENTIAL
COMMUNICATIONS.— 
The provision of any information under this 
paragraph does not waive or diminish the con-
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fidential or privileged nature of communications 
between a survivor of domestic violence, dating 
violence, sexual assault, or stalking with one or 
more of the individuals or entities providing in-
formation under subclause (II), (III), or (IV) of 
subparagraph (C)(ii). 
(g) PROHIBITED ACTS.— 
(1) INTERFERENCE
WITH
RIGHTS.—Section 
105(a) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2615(a)) shall apply with respect 
to this title. 
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—Section 105(b) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2615(b)) shall apply 
with respect to this title. 
(3) PUBLIC AGENCY SANCTIONS.—It shall be 
unlawful for any public agency to deny, reduce, or 
terminate the benefits of, or otherwise sanction any 
individual, or otherwise discriminate (including har-
assment or retaliation in any form or manner) 
against any individual with respect to the amount, 
terms, or conditions of public assistance of the indi-
vidual, because the individual— 
(A) exercised or attempted to exercise any 
right provided under this section for the indi-
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vidual or the individual’s family or household 
member; or 
(B) opposed any practice made unlawful by 
this section. 
(h) ENFORCEMENT.— 
(1) CIVIL
ACTION
BY
AFFECTED
INDIVID-
UALS.— 
(A) LIABILITY.—Any employer that vio-
lates subsection (g) shall be liable to any indi-
vidual affected— 
(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost to such 
individual by reason of the viola-
tion; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation has 
not been denied or lost to the in-
dividual, any actual monetary 
losses sustained by the individual 
as a direct result of the violation; 
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(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages equal to the sum of 
the amount described in subclause (I) 
and the interest described in sub-
clause (II), except that if an employer 
that has violated subsection (g) proves 
to the satisfaction of the court that 
the act or omission that violated sub-
section (g) was in good faith and that 
the employer had reasonable grounds 
for believing that the act or omission 
was not a violation of subsection (g), 
such court may, in the discretion of 
the court, reduce the amount of the li-
ability to the amount and interest de-
termined under subclauses (I) and 
(II), respectively; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
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in subparagraph (A) may be maintained against 
any employer in any Federal or State court of 
competent jurisdiction by any one or more af-
fected individuals for and on behalf of— 
(i) the individuals; or 
(ii) the individuals and other individ-
uals similarly situated. 
(C) FEES AND COSTS.—The court in such 
an action shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable at-
torney’s fee, reasonable expert witness fees, and 
other costs of the action to be paid by the de-
fendant. 
(D) LIMITATIONS.—The right provided by 
subparagraph (B) to bring an action by or on 
behalf of any affected individual shall termi-
nate— 
(i) on the filing of a complaint by the 
Secretary of Labor in an action under 
paragraph (4) in which restraint is sought 
of any further delay in the payment of the 
amount described in subparagraph (A)(i) 
to such individual by an employer respon-
sible under subparagraph (A) for the pay-
ment; or 
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(ii) on the filing of a complaint by the 
Secretary of Labor in an action under 
paragraph (2) in which a recovery is 
sought of the damages described in sub-
paragraph (A)(i) owing to an affected indi-
vidual by an employer liable under sub-
paragraph (A), 
unless the action described in clause (i) or (ii) 
is dismissed without prejudice on motion of the 
Secretary of Labor. 
(2) ACTION BY THE SECRETARY OF LABOR.— 
(A) ADMINISTRATIVE
ACTION.—The Sec-
retary of Labor shall receive, investigate, and 
attempt to resolve complaints of violations of 
subsection (g) in the same manner as the Sec-
retary of Labor receives, investigates, and at-
tempts to resolve complaints of violations of 
sections 6 and 7 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206 and 207). 
(B) CIVIL
ACTION.—The Secretary of 
Labor may bring an action in any court of com-
petent jurisdiction to recover the damages de-
scribed in paragraph (1)(A)(i). 
(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary of Labor pursuant to sub-
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paragraph (B) shall be held in a special deposit 
account and shall be paid, on order of the Sec-
retary, directly to each individual affected. Any 
such sums not paid to such an individual be-
cause of inability to do so within a period of 
three years shall be deposited into the Treasury 
of the United States as miscellaneous receipts. 
(3) LIMITATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under this subsection not later than two years 
after the date of the last event constituting the 
alleged violation for which the action is brought. 
(B) WILLFUL VIOLATION.—In the case of 
such action brought for a willful violation of 
subsection (g), such action may be brought 
within three years after the date of the last 
event constituting the alleged violation for 
which such action is brought. 
(C) 
COMMENCEMENT.—In 
determining 
when an action is commenced by the Secretary 
of Labor under this subsection for the purposes 
of this paragraph, it shall be considered to be 
commenced on the date when the complaint is 
filed. 
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administrative action) in order for the plan to 
meet the additional requirements imposed by 
the amendment made by subsection (c), the 
State plan shall not be regarded as failing to 
comply with the requirements of such amend-
ment on the basis of its failure to meet these 
additional requirements before the first day of 
the first calendar quarter beginning after the 
close of the first regular session of the State 
legislature that begins after the date of enact-
ment of this Act. For purposes of the previous 
sentence, in the case of a State that has a two- 
year legislative session, each year of the session 
is considered to be a separate regular session of 
the State legislature. 
(g) DEFINITIONS.—In this section, the terms ‘‘do-
mestic violence’’, ‘‘dating violence’’, ‘‘sexual assault’’, 
‘‘stalking’’, ‘‘survivor of domestic violence, dating violence, 
sexual assault, or stalking’’, and ‘‘survivor services organi-
zation’’ have the meanings given such terms in section 
201. 
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