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(7) Any other activity necessitated by domestic
violence which must be undertaken during hours of
employment.
(e) CONSTRUCTION.—In determining if an employee
meets the requirements of subsections (b), (c), and (d),
the employer or reviewer of any claim of an employee may
require the employee to provide a statement along with—
(1) documentation, such as police or court
records, or documentation from a shelter worker, at-
torney, clergy, medical or other professional from
whom the employee has sought assistance in dealing
with domestic violence; or
(2) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances which provide the basis for the
claim, or physical evidence of domestic violence, such
as photographs, torn or bloody clothes, etc.
(f) ENFORCEMENT.—
(1) PUBLIC ENFORCEMENT.—The Secretary of
Labor shall have the powers set forth in subsections
(b), (c), (d) and (e) of section 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617) for the
purpose of public enforcement of any alleged viola-
tions of this section against any employer.
(2) PRIVATE ENFORCEMENT.—
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(A) PRIVATE
AND
FEDERAL
EMPLOY-
ERS.—The remedies and procedures set forth in
subsection (a) of section 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617)
shall be the remedies and procedures pursuant
to which an employee may initiate a legal action
against a Federal or private employer for al-
leged violations of this section..
(B) STATE EMPLOYERS.—
(i) QUI TAM ACTIONS.—
(I) An employee of a State em-
ployer may bring a civil action for a
violation of this section for the em-
ployee and for the United States Gov-
ernment (referred to as a ‘Qui Tam’
action). The action shall be brought in
the name of the United States Gov-
ernment. The action may be dismissed
only if the court and the Secretary of
Labor give written consent to the dis-
missal stating their reasons for con-
senting. The Qui Tam plaintiff may
recover damages or injunctive relief to
the same extent provided in subpara-
graph (A).
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(II) The right provided by sub-
clause (I) to bring a Qui Tam action
shall terminate on the filing of a com-
plaint by the Secretary of Labor in an
action seeking damages or monetary
relief on behalf of the affected em-
ployee under paragraph (1) unless
that action is dismissed without preju-
dice on motion of the Secretary of
Labor.
(3) EMPLOYER
LIABILITY
UNDER
OTHER
LAWS.—Nothing in this section shall be construed to
limit the liability of an employer to an employee for
harm suffered relating to the employee’s experience
of domestic violence pursuant to any other State or
Federal law or legal remedy.
(f) DEFINITIONS.—For purposes of this section:
(1) EMPLOYER.—The term ‘employer’ includes
any person subject to the Federal Family and Medi-
cal Leave Act of 1993 (29 U.S.C. 2601 et seq.) or
any State law addressing family, medical, sick, or
any other kind of leave from employment, or any
employer granting family, medical, sick, or other
kind of leave from employment under an employ-
ment benefits program or policy or collective bar-
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gaining agreement in effect as of the date of enact-
ment of this Act.
(2) EMPLOYEE.—The term ‘employee’ refers to
any person eligible to receive leave pursuant to the
Federal Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.), any State law addressing med-
ical, family, sick, or other kind of leave from employ-
ment, or an employment benefits program or policy
or collective bargaining agreement in effect as of the
date of enactment of this Act.
(3) DOMESTIC VIOLENCE.—The term ‘domestic
violence’ has the meaning assigned to such term by
section 3306(u) of the Internal Revenue Code of
1986.
SEC. 5. EFFECT ON OTHER LAWS AND EMPLOYMENT BENE-
FITS.
(1) MORE PROTECTIVE.—Nothing in this Act
or the amendments made by this Act shall be con-
strued to supersede any provision of any Federal,
State or local law, collective bargaining agreement,
or other employment benefit program which provides
greater unemployment compensation or leave bene-
fits for employed victims of domestic violence than
the rights established under this Act or such amend-
ments.
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(2) LESS PROTECTIVE.—The rights established
for employees under this Act or the amendments
made by this Act shall not be diminished by any col-
lective bargaining agreement, any employment bene-
fit program or plan, or any State or local law.