I
105TH CONGRESS
1ST SESSION
H. R. 851
To amend the Family and Medical Leave Act of 1993 to allow leave to
address domestic violence and its effects, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 26, 1997
Ms. ROYBAL-ALLARD (for herself, Mr. TORRES, Mrs. MORELLA, Mr. FROST,
Mr. GUTIERREZ, Ms. SLAUGHTER, Ms. LOFGREN, Ms. NORTON, Mrs.
MALONEY of New York, Ms. PELOSI, Mr. ACKERMAN, Mr. JACKSON of
Illinois, Mr. CONYERS, Mr. LEWIS of Georgia, and Mr. BALDACCI) intro-
duced the following bill; which was referred to the Committee on Ways
and Means, and in addition to the Committees on Education and the
Workforce, Government Reform and Oversight, and House Oversight, 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 com-
mittee concerned
A BILL
To amend the Family and Medical Leave Act of 1993 to
allow leave to address domestic violence and its effects,
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 AND REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Battered Women’s Employment Protection Act ’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Family and Medical Leave Act of 1993.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) violence against women is the leading cause
of physical injury to women, and the Department of
Justice estimates that intimate partners commit
more than one million violent crimes against women
every year;
(2) approximately 95 percent of the victims of
domestic violence are women;
(3) in the United States, a woman is more like-
ly to be assaulted, injured, raped, or killed by a male
partner than by any other type of assailant;
(4) the Bureau of Labor Statistics predicts that
women will account for two-thirds of all new en-
trants into the work force between now and the year
2000;
(5) violence against women dramatically affects
women’s work force participation, insofar as one-
quarter of battered women surveyed had lost a job
due at least in part to the effects of domestic vio-
lence, and over half had been harassed by their
abuser at work;
(6) a study by Domestic Violence Intervention
Services, Inc. found that 96 percent of employed do-
mestic violence victims had some type of problem in
the workplace as a direct result of their abuse or
abuser;
(7) the availability of economic support is a
critical factor in women’s ability to leave abusive sit-
uations that threaten them and their children, and
over half of battered women surveyed stayed with
their batterers because they lacked resources to sup-
port themselves and their children;
(8) a report by the New York City Victims
Services Agency found that abusive spouses and
lovers harass 74 percent of battered women at work,
54 percent of battering victims miss at least 3 days
of work per month, 56 percent are late for work at
least 5 times per month, and a University of Min-
nesota study found that 24 percent of women in
support groups for battered women had lost a job
partly because of being abused;
(9) a survey of State unemployment insurance
agency directors by the Federal Advisory Council on
Unemployment Compensation found that in 31
States battered women who leave work as a result
of domestic violence do not qualify for unemploy-
ment benefits, in 9 States the determination often
varies depending on the facts and circumstances,
and in only 13 States are they usually considered
qualified for unemployment benefits;
(10) a study by the New York State Depart-
ment of Labor found that, when filing for unemploy-
ment insurance benefits, domestic violence victims
frequently hide their victimization and do not dis-
close the domestic violence as a reason for their
problems with the job or need to separate from em-
ployment;
(11) 49 percent of senior executives recently
surveyed said domestic violence has a harmful effect
on their company’s productivity, 47 percent said do-
mestic violence negatively affects attendance, and 44
percent said domestic violence increases health care
costs, and the Bureau of National Affairs estimates
that domestic violence costs employers between 3
and 5 billion dollars per year; and
(12) existing Federal and State legislation does
not expressly authorize battered women to take leave
from work to seek legal assistance and redress,
counseling, or assistance with safety planning and
activities.
(b) PURPOSES.—Pursuant to the affirmative power
of Congress to enact this Act under section 5 of the Four-
teenth Amendment to the Constitution, as well as under
clause 1 of section 8 of Article I of the Constitution and
clause 3 of section 8 of Article I of the Constitution, the
purposes of this Act are—
(1) to promote the national interest in reducing
domestic violence by enabling victims of domestic vi-
olence to maintain the financial independence nec-
essary to leave abusive situations, to achieve safety
and minimize the physical and emotional injuries
from domestic violence, and to reduce the devastat-
ing economic consequences of domestic violence to
employers and employees, by—
(A) providing unemployment insurance for
victims of domestic violence who are forced to
leave their employment as a result of domestic
violence; and
(B) entitling employed victims of domestic
violence to take reasonable leave under the
Family and Medical Leave Act of 1993 to seek
medical help, legal assistance, counseling, and
safety planning and assistance without penalty
from their employer;
(2) to promote the purposes of the Fourteenth
Amendment by protecting the civil and economic
rights of victims of domestic violence and by further-
ing the equal opportunity of women to employment
and economic self-sufficiency;
(3) to minimize the negative impact on inter-
state commerce from dislocations of employees and
harmful effects on productivity, health care costs,
and employer costs from domestic violence; and
(4) to accomplish the purposes described in
paragraphs (1) , (2) and (3) in a manner that ac-
commodates the legitimate interests of employers.
SEC. 3. UNEMPLOYMENT COMPENSATION.
(a) 
UNEMPLOYMENT
COMPENSATION.—Section
3304(a) of the Internal Revenue Code of 1986 is amend-
ed—
(1) by striking ‘‘and’’ at the end of paragraph
(18),
(2) by striking the period at the end of para-
graph (19) and inserting ‘‘; and’’,
(3) by adding after paragraph (19) the follow-
ing:
‘‘(20) compensation is to be provided where an
individual is separated from employment due to cir-
cumstances directly resulting from the individual’s
experience of domestic violence.’’,
(4) by redesignating subsections (b) through (f)
as subsections (c) through (g), respectively, and
(5) by adding after subsection (a) the following:
‘‘(b) CONSTRUCTION.—
‘‘(1) For the purpose of determining, under
subsection (a)(20), whether an employee’s separation
from employment is ‘directly resulting’ from the in-
dividual’s experience of domestic violence, it shall be
sufficient if the separation from employment re-
sulted from—
‘‘(A) the employee’s reasonable fear of fu-
ture domestic violence at or en route to or from
her place of employment;
‘‘(B) the employee’s wish to relocate to an-
other geographic area in order to avoid future
domestic violence against the employee or the
employee’s family;
‘‘(C) the employee’s need to recover from
traumatic stress resulting from the employee’s
experience of domestic violence;
‘‘(D) the employer’s denial of the employ-
ee’s request for the temporary leave from em-
ployment to address domestic violence and its
effects authorized by section 102 of the Family
and Medical Leave Act of 1993; or
‘‘(E) any other respect in which domestic
violence causes the employee to reasonably be-
lieve that termination of employment is nec-
essary for the future safety of the employee or
the employee’s family.
‘‘(2) For purposes of subsection (a)(20), where
State law requires the employee to have made rea-
sonable efforts to retain employment as a condition
for receiving unemployment compensation, it shall be
sufficient that the employee—
‘‘(A) sought protection from or assistance
in responding to domestic violence, including
calling the police or seeking legal, social work,
medical, clergy, or other assistance;
‘‘(B) sought safety, including refuge in a
shelter or temporary or permanent relocation,
whether or not the employee actually obtained
such refuge or accomplished such relocation; or
‘‘(C) reasonably believed that options such
as a leave, transfer, or alternative work sched-
ule would not be sufficient to guarantee the em-
ployee or the employee’s family’s safety.
‘‘(3) For purposes of subsection (a)(20), where
State law requires the employee to actively search
for employment after separation from employment
as a condition for receiving unemployment com-
pensation, such requirement shall be deemed to be
met where the employee is temporarily unable to ac-
tively search for employment because the employee is
engaged in seeking safety or relief for the employee
or the employee’s family from domestic violence, in-
cluding—
‘‘(A) going into hiding or relocating or at-
tempting to do so, including activities associ-
ated with such relocation or hiding, such as
seeking to obtain sufficient shelter, food, school-
ing for children, or other necessities of life for
the employee or the employee’s family;
‘‘(B) actively pursuing legal protection or
remedies, including meeting with the police,
going to court to make inquiries or file papers,
meeting with attorneys, or attending court pro-
ceedings; or
‘‘(C) participating in psychological, social,
or religious counseling or support activities to
assist the employee in ending domestic violence.
‘‘(4) In determining if an employee meets the
requirements of paragraphs (1), (2), and (3), the
employer of an employee may require the employee
to provide—
‘‘(A) documentation of the domestic vio-
lence, such as police or court records, or docu-
mentation of the domestic violence from a shel-
ter worker, attorney, clergy, or medical or other
professional from whom the employee has
sought assistance in addressing domestic vio-
lence and its effects; or
‘‘(B) 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.’’.
All evidence of domestic violence experienced by an
employee, including an employee’s statement, any
corroborating evidence, and the fact that an em-
ployee has applied for or inquired about unemploy-
ment 
compensation 
available 
under 
section
3304(a)(20) shall be retained in the strictest con-
fidence of the employer, except to the extent con-
sented to by the employee where disclosure is nec-
essary to protect the employee’s safety.’’.
(b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec-
tion 303(a) of the Social Security Act (42 U.S.C.
503(a)(4)) is amended by redesignating paragraphs (4)
through (10) as paragraphs (5) through (11), respectively,
and by adding after paragraph (3) the following:
‘‘(4) Such methods of administration as will en-
sure that claims reviewers and hearing personnel are
adequately trained in the nature and dynamics of
domestic violence and in methods of ascertaining
and keeping confidential information about possible
experiences of domestic violence, so that employment
separations stemming from domestic violence are re-
liably screened, identified, and adjudicated and full
confidentiality is provided for the employee’s claim
and submitted evidence.’’.
(c) DEFINITIONS.—Section 3306 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the
following:
‘‘(u) DOMESTIC VIOLENCE.—The term ‘domestic vio-
lence’ includes abuse committed against an employee or
a family member of the employee by—
‘‘(1) a current or former spouse of the em-
ployee;
‘‘(2) a person with whom the employee shares
a child in common;
‘‘(3) a person who is cohabitating with or has
cohabitated with the employee as a romantic or inti-
mate partner; or
‘‘(4) a person from whom the employee would
be eligible for protection under the domestic vio-
lence, protection order, or family laws of the juris-
diction in which the employee resides or the em-
ployer is located.
‘‘(v) ABUSE.—The term ‘abuse’ includes—
‘‘(1) physical acts resulting in, or threatening to
result in, physical injury;
‘‘(2) sexual abuse, sexual activity involving a
dependent child, or threats of or attempts at sexual
abuse;
‘‘(3) mental abuse, including threats, intimida-
tion, acts designed to induce terror, or restraints on
liberty; and
‘‘(4) deprivation of medical care, housing, food
or other necessities of life.’’.
SEC. 4. ENTITLEMENT TO LEAVE FOR DOMESTIC VIO-
LENCE.
(a) AUTHORITY FOR LEAVE.—Section 102(a)(1) (29
U.S.C. 2612(a)(1)) is amended by adding at the end the
following:
‘‘(E) In order to care for the child or par-
ent of the employee, if such child or parent is
addressing domestic violence and its effects.
‘‘(F) Because the employee is addressing
domestic violence and its effects, the employee
is unable to perform any of the functions of the
position of such employee.’’.
(b) DEFINITION.—Section 101 (29 U.S.C. 2611) is
amended by adding at the end the following:
‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND
ITS EFFECTS.—The term ‘addressing domestic vio-
lence and its effects’ means—
‘‘(A) experiencing domestic violence,
‘‘(B) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence,
‘‘(C) seeking legal assistance or remedies,
including communicating with the police or an
attorney, or participating in any legal proceed-
ing related to domestic violence,
‘‘(D) attending support groups for victims
of domestic violence,
‘‘(E) obtaining psychological counseling re-
lated to experiences of domestic violence,
‘‘(F) participating in safety planning and
other actions to increase safety from future do-
mestic violence, including temporary or perma-
nent relocation and
‘‘(G) any other activity necessitated by do-
mestic violence which must be undertaken dur-
ing hours of employment.’’.
(c) INTERMITTENT OR REDUCED LEAVE.—Section
102(b) (29 U.S.C. 2612(b)) is amended by adding at the
end the following:
‘‘(3) DOMESTIC VIOLENCE.—Leave under sub-
paragraph (E) or (F) of subsection (a)(1) may be
taken by an employee intermittently or on a reduced
leave schedule. The taking of leave intermittently or
on a reduced leave schedule pursuant to this para-
graph shall not result in a reduction in the total
amount of leave to which the employee is entitled
under subsection (a) beyond the amount of leave ac-
tually taken.’’.
(d) PAID LEAVE.—Section 102(d)(2) (29 U.S.C.
2612(d)) is amended by striking ‘‘(C) or (D)’’ and insert-
ing ‘‘(C), (D), (E), or (F)’’.
(e) CERTIFICATION.—Section 103 (29 U.S.C. 2613)
is amended by redesignating subsection (e) as subsection
(f) and by inserting after subsection (d) the following:
‘‘(e) DOMESTIC VIOLENCE.—In determining if an
employee meets the requirements of subparagraph (E) or
(F) of section 102(a)(1), the employer of an employee may
require the employee to provide—
‘‘(1) documentation of the domestic violence,
such as police or court records, or documentation of
the domestic violence from a shelter worker, attor-
ney, clergy, or medical or other professional from
whom the employee has sought assistance in ad-
dressing domestic violence and its effects; 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) CONFIDENTIALITY.—Section 103 (29 U.S.C.
2613), as amended by subsection (e), is amended—
(1) in the title by adding before the period the
following: ‘‘; CONFIDENTIALITY’’, and
(2) by adding at the end the following:
‘‘(g) CONFIDENTIALITY.—All evidence of domestic vi-
olence experienced by an employee or the employee’s child
or parent, including an employee’s statement, any corrobo-
rating evidence, and the fact that an employee has re-
quested leave for the purpose of addressing domestic vio-
lence and its effects, shall be retained in the strictest con-
fidence by the employer, except to the extent consented
to by the employee where disclosure is necessary to protect
the employee’s safety.’’.
SEC. 5. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOY-
EES FOR DOMESTIC VIOLENCE.
(a) AUTHORITY FOR LEAVE.—Section 6382 of title
5, United States Code is amended by adding at the end
the following:
‘‘(E) In order to care for the child or parent of
the employee, if such child or parent is addressing
domestic violence and its effects.
‘‘(F) Because the employee is addressing do-
mestic violence and its effects, the employee is un-
able to perform any of the functions of the position
of such employee.’’.
(b) DEFINITION.—Section 6381 of title 5, United
States Code is amended by striking ‘‘and’’ at the end of
paragraph (5), by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’ and by adding at the end
the following:
‘‘(7) the term ‘addressing domestic violence and
its effects’ means—
‘‘(A) experiencing domestic violence,
‘‘(B) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence,
‘‘(C) seeking legal assistance or remedies,
including communicating with the police or an
attorney, or participating in any legal proceed-
ing related to domestic violence,
‘‘(D) attending support groups for victims
of domestic violence,
‘‘(E) obtaining psychological counseling re-
lated to experiences of domestic violence,
‘‘(F) participating in safety planning and
other actions to increase safety from future do-
mestic violence, including temporary or perma-
nent relocation and
‘‘(G) any other activity necessitated by do-
mestic violence which must be undertaken dur-
ing hours of employment.’’.
(c) INTERMITTENT OR REDUCED LEAVE.—Section
6382(b) of title 5, United States Code, is amended by add-
ing at the end the following:
‘‘(3) Leave under subparagraph (E) or (F) of
subsection (a)(1) may be taken by an employee
intermittently or on a reduced leave schedule. The
taking of leave intermittently or on a reduced leave
schedule pursuant to this paragraph shall not result
in a reduction in the total amount of leave to which
the employee is entitled under subsection (a) beyond
the amount of leave actually taken.’’.
(d) OTHER LEAVE.—Section 6382(d) of title 5, Unit-
ed States Code, is amended by striking ‘‘(C) or (D)’’ and
inserting ‘‘(C), (D), (E), or (F)’’.
(e) CERTIFICATION.—Section 6383 of title 5, United
States Code, is amended by redesignating subsection (e)
as subsection (f) and by inserting after subsection (d) the
following:
‘‘(e) DOMESTIC VIOLENCE.—In determining if an
employee meets the requirements of subparagraph (E) or
(F) of section 6382(a)(1), the employer of an employee
may require the employee to provide—
‘‘(1) documentation of the domestic violence,
such as police or court records, or documentation of
the domestic violence from a shelter worker, attor-
ney, clergy, or medical or other professional from
whom the employee has sought assistance in ad-
dressing domestic violence and its effects; 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) CONFIDENTIALITY.—Section 6383 of title 5,
United States Code, as amended by subsection (e), is
amended—
(1) in the title by adding before the period the
following: ‘‘; Confidentiality’’, and
(2) by adding at the end the following:
‘‘(g) CONFIDENTIALITY.—All evidence of domestic vi-
olence experienced by an employee or the employee’s child
or parent, including an employee’s statement, any corrobo-
rating evidence, and the fact that an employee has re-
quested leave for the purpose of addressing domestic vio-
lence and its effects, shall be retained in the strictest con-
fidence by the employer, except to the extent consented
to by the employee where disclosure is necessary to protect
the employee’s safety.’’.
SEC. 6. 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.
(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.
SEC. 7. EFFECTIVE DATE.
(a) GENERAL RULE.—Except as provided in sub-
section (b), this Act and the amendments made by this
Act shall take effect upon the expiration of 180 days from
the date of the enactment of this Act.
(b) UNEMPLOYMENT COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by section 3 shall
apply in the case of compensation paid for weeks be-
ginning on or after the expiration of 180 days from
the date of the enactment of this Act.
(2) MEETING OF STATE LEGISLATURE.—In the
case of a State with respect to which the Secretary
of Labor has determined that the State legislature
is required in order to comply with the amendments
made by section 3, the amendments made by section
3 shall apply in the case of compensation paid for
weeks which begin on or after the expiration of 180
days from the date of the enactment of this Act and
after the end of the first session of the Sate legisla-
ture which begins after the date of the enactment of
this Act or which began prior to the date of the en-
actment of this Act and remained in session for at
least 25 calendar days after such date of enactment.
For purposes of the preceding sentence, the term
‘‘session’’ means a regular, special, budget, or other
session of a State legislature.
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