datamatters24/research-document-archive huggingface dataset:
TITLE 
II—EMERGENCY 
LEAVE 
FOR ADDRESSING DOMESTIC 
VIOLENCE, 
DATING 
VIO-
LENCE, SEXUAL ASSAULT, OR 
STALKING 
SEC. 201. AMENDMENT TO VAWA. 
The Violence Against Women Act is amended by add-
ing at the end the following new subtitle: 
‘‘Subtitle Q—Entitlement to Emer-
gency Leave for Addressing Do-
mestic 
Violence, 
Dating 
Vio-
lence, Sexual Assault, or Stalk-
ing 
‘‘SEC. 41701. DEFINITIONS. 
‘‘As used in this subtitle, the following definitions 
apply: 
‘‘(1) EMPLOY; STATE.—The terms ‘employ’ and 
‘State’ have the meanings given the terms in section 
3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
‘‘(2) 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-
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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. 
‘‘(3) EMPLOYER.—The term ‘employer’— 
‘‘(A) means any person engaged in com-
merce or in any industry or activity affecting 
commerce who employs fifteen or more individ-
uals; and 
‘‘(B) includes any person acting directly or 
indirectly in the interest of an employer in rela-
tion to an employee, and includes a public agen-
cy that employs individuals as described in sec-
tion 3(e)(2) of the Fair Labor Standards Act of 
1938, but does not include any labor organiza-
tion (other than when acting as an employer) or 
anyone acting in the capacity of officer or agent 
of such labor organization. 
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‘‘(4) 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)). 
‘‘(5) FAMILY OR HOUSEHOLD MEMBER.—The 
term ‘family or household member’, used with re-
spect to a person, means a nonabusive individual 
who is a spouse, former spouse, parent, son or 
daughter, or person residing or formerly residing in 
the same dwelling unit as the person. 
‘‘(6) 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). 
‘‘(7) PERSON.—The term ‘person’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
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‘‘(8) 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). 
‘‘(9) 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. 
‘‘(10) REDUCED LEAVE SCHEDULE.—The term 
‘reduced leave schedule’ means a leave schedule that 
reduces the usual number of hours per workweek, or 
hours per workday, of an employee. 
‘‘(11) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Labor. 
‘‘(12) VICTIM OF DOMESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 
term ‘victim of domestic violence, dating violence, 
sexual assault, or stalking’ includes a person who 
has been a victim of domestic violence, dating vio-
lence, sexual assault, or stalking and a person whose 
family or household member has been a victim of do-
mestic violence, dating violence, sexual assault, or 
stalking. 
‘‘(13) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘victim services organization’ means a non-
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profit, nongovernmental organization that provides 
assistance to victims of domestic violence, dating vio-
lence, sexual assault, or stalking, or to advocates for 
such victims, including a rape crisis center, an orga-
nization carrying out a domestic violence program, 
an organization operating a shelter or providing 
counseling services, or an organization providing as-
sistance through the legal process. 
‘‘SEC. 41702. ENTITLEMENT TO EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC VIOLENCE, DATING VI-
OLENCE, SEXUAL ASSAULT, OR STALKING. 
‘‘(a) ENTITLEMENT TO LEAVE.— 
‘‘(1) BASIS.—An employee who is a victim of 
domestic violence, dating violence, sexual assault, or 
stalking may take leave from work to address do-
mestic violence, dating violence, sexual assault, or 
stalking, by— 
‘‘(A) seeking medical attention for, or re-
covering from, physical or psychological injuries 
caused by domestic violence, dating violence, 
sexual assault, or stalking to the employee or 
the employee’s family or household member; 
‘‘(B) obtaining services from a victim serv-
ices organization for the employee or the em-
ployee’s family or household member; 
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‘‘(C) obtaining psychological or other coun-
seling for the employee or the employee’s family 
or household member; 
‘‘(D) participating in safety planning, tem-
porarily or permanently relocating, or taking 
other actions to increase the safety of the em-
ployee or the employee’s family or household 
member from future domestic violence, dating 
violence, sexual assault, or stalking or ensure 
economic security; or 
‘‘(E) seeking legal assistance or remedies 
to ensure the health and safety of the employee 
or the employee’s family or household member, 
including preparing for or participating in any 
civil or criminal legal proceeding related to or 
derived from domestic violence, dating violence, 
sexual assault, or stalking. 
‘‘(2) PERIOD.—An employee may take not more 
than 30 days of leave, as described in paragraph (1), 
in any 12-month period. 
‘‘(3) SCHEDULE.—Leave described in para-
graph (1) may be taken intermittently or on a re-
duced leave schedule. 
‘‘(b) NOTICE.—The employee shall provide the em-
ployer with reasonable notice of the employee’s intention 
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to take the leave, unless providing such notice is not prac-
ticable. 
‘‘(c) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The employer may require 
the employee to provide certification to the employer, 
within a reasonable period after the employer re-
quests the certification, that— 
‘‘(A) the employee or the employee’s family 
or household member is a victim of domestic vi-
olence, dating violence, sexual assault, or stalk-
ing; and 
‘‘(B) the leave is for one of the purposes 
enumerated in subsection (a)(1). 
‘‘(2) CONTENTS.—An employee may satisfy the 
certification requirement of paragraph (1) by pro-
viding to the employer— 
‘‘(A) a sworn statement of the employee; 
‘‘(B) documentation from an employee, 
agent, or volunteer of a victim services organi-
zation, an attorney, a member of the clergy, or 
a medical or other professional, from whom the 
employee or the employee’s family or household 
member has sought assistance in addressing do-
mestic violence, dating violence, sexual assault, 
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or stalking and the effects of domestic violence, 
dating violence, sexual assault, or stalking; 
‘‘(C) a police or court record; or 
‘‘(D) other corroborating evidence. 
‘‘(d) CONFIDENTIALITY.—All information provided to 
the employer pursuant to subsection (b) or (c), including 
a statement of the employee or any other documentation, 
record, or corroborating evidence, and the fact that the 
employee has requested or obtained leave pursuant to this 
section, shall be retained in the strictest confidence by the 
employer, except to the extent that disclosure is— 
‘‘(1) requested or consented to by the employee 
in writing; or 
‘‘(2) otherwise required by applicable Federal or 
State law. 
‘‘(e) EMPLOYMENT AND BENEFITS.— 
‘‘(1) RESTORATION TO POSITION.— 
‘‘(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 
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‘‘(ii) to be restored to an equivalent 
position with equivalent employment bene-
fits, pay, and other terms and conditions of 
employment. 
‘‘(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 
employment 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. 
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‘‘(2) EXEMPTION CONCERNING CERTAIN HIGH-
LY 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 pre-
vent substantial and grievous economic in-
jury to the operations of the employer; 
‘‘(ii) the employer notifies the em-
ployee of the intent of the employer to 
deny restoration on such basis at the time 
the employer determines that such injury 
would occur; and 
‘‘(iii) in any case in which the leave 
has commenced, the employee elects not to 
return to employment after receiving such 
notice. 
‘‘(B) AFFECTED
EMPLOYEES.—An em-
ployee referred to in subparagraph (A) is a sal-
aried employee who is among the highest paid 
10 percent of the employees employed by the 
employer within 75 miles of the facility at 
which the employee is employed. 
‘‘(3) MAINTENANCE OF HEALTH BENEFITS.— 
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‘‘(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 pre-
mium that the employer paid for maintaining 
coverage for the employee under such group 
health plan during 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 of, recur-
rence of, or onset of an episode of do-
mestic violence, dating violence, sexual 
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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 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 
employee; 
‘‘(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 
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employee or the employee’s family or 
household member has sought assist-
ance in addressing domestic violence, 
dating violence, sexual assault, or 
stalking and the effects of domestic 
violence, dating violence, sexual as-
sault, or stalking; 
‘‘(III) a police or court record; or 
‘‘(IV) other corroborating evi-
dence. 
‘‘(D) 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; or 
‘‘(ii) otherwise required by applicable 
Federal or State law. 
‘‘(f) PROHIBITED ACTS.— 
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‘‘(1) INTERFERENCE WITH RIGHTS.— 
‘‘(A) EXERCISE OF RIGHTS.—It shall be 
unlawful for any employer to interfere with, re-
strain, or deny the exercise of or the attempt to 
exercise, any right provided under this section. 
‘‘(B) 
EMPLOYER
DISCRIMINATION.—It 
shall be unlawful for any employer to discharge 
or harass any individual, or otherwise discrimi-
nate against any individual with respect to com-
pensation, terms, conditions, or privileges of 
employment of the individual (including retalia-
tion in any form or manner) because the indi-
vidual— 
‘‘(i) exercised any right provided 
under this section; or 
‘‘(ii) opposed any practice made un-
lawful by this section. 
‘‘(C) PUBLIC
AGENCY
SANCTIONS.—It 
shall be unlawful for any public agency to deny, 
reduce, or terminate the benefits of, otherwise 
sanction, or harass any individual, or otherwise 
discriminate against any individual (including 
retaliation in any form or manner) with respect 
to the amount, terms, or conditions of public 
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assistance of the individual because the indi-
vidual— 
‘‘(i) exercised any right provided 
under this section; or 
‘‘(ii) opposed any practice made un-
lawful by this section. 
‘‘(2) INTERFERENCE
WITH
PROCEEDINGS
OR 
INQUIRIES.—It shall be unlawful for any person to 
discharge or in any other manner discriminate (as 
described in subparagraph (B) or (C) of paragraph 
(1)) against any individual because such indi-
vidual— 
‘‘(A) has filed any charge, or has instituted 
or caused to be instituted any proceeding, 
under or related to this section; 
‘‘(B) has given, or is about to give, any in-
formation in connection with any inquiry or 
proceeding relating to any right provided under 
this section; or 
‘‘(C) has testified, or is about to testify, in 
any inquiry or proceeding relating to any right 
provided under this section. 
‘‘(g) ENFORCEMENT.— 
‘‘(1) CIVIL
ACTION
BY
AFFECTED
INDIVID-
UALS.— 
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‘‘(A) LIABILITY.—Any employer that vio-
lates subsection (f) 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; 
‘‘(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
‘‘(III) an additional amount as 
liquidated 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 
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that has violated subsection (f) proves 
to the satisfaction of the court that 
the act or omission that violated sub-
section (f) was in good faith and that 
the employer had reasonable grounds 
for believing that the act or omission 
was not a violation of subsection (f), 
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, re-
instatement, and promotion. 
‘‘(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
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. 
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‘‘(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 in an action under para-
graph (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 
‘‘(ii) on the filing of a complaint by 
the Secretary in an action under para-
graph (2) in which a recovery is sought of 
the damages described in subparagraph 
(A)(i) owing to an affected individual by 
an employer liable under subparagraph 
(A), 
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unless the action described in clause (i) or (ii) 
is dismissed without prejudice on motion of the 
Secretary. 
‘‘(2) ACTION BY THE SECRETARY.— 
‘‘(A) ADMINISTRATIVE ACTION.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of subsection (f) 
in the same manner as the Secretary receives, 
investigates, and attempts 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 may 
bring an action in any court of competent juris-
diction to recover the damages described in 
paragraph (1)(A)(i). 
‘‘(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each individual affected. Any such 
sums not paid to such an individual because of 
inability to do so within a period of 3 years 
shall be deposited into the Treasury of the 
United States as miscellaneous receipts. 
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‘‘(3) LIMITATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under this subsection not later than 2 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 (f), such action may be brought 
within 3 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 
under this subsection for the purposes of this 
paragraph, it shall be considered to be com-
menced on the date when the complaint is filed. 
‘‘(4) 
ACTION
FOR
INJUNCTION
BY
SEC-
RETARY.—The district courts of the United States 
shall have jurisdiction, for cause shown, in an action 
brought by the Secretary— 
‘‘(A) to restrain violations of subsection 
(f), including the restraint of any withholding of 
payment of wages, salary, employment benefits, 
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or other compensation, plus interest, found by 
the court to be due to affected individuals; or 
‘‘(B) to award such other equitable relief 
as may be appropriate, including employment, 
reinstatement, and promotion. 
‘‘(5) SOLICITOR OF LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under this subsection. 
‘‘(6) EMPLOYER
LIABILITY
UNDER
OTHER 
LAWS.—Nothing in this section shall be construed to 
limit the liability of an employer or public agency to 
an individual, for harm suffered relating to the indi-
vidual’s experience of domestic violence, dating vio-
lence, sexual assault, or stalking, pursuant to any 
other Federal or State law, including a law providing 
for a legal remedy. 
‘‘(7) LIBRARY OF CONGRESS.—Notwithstanding 
any other provision of this subsection, in the case of 
the Library of Congress, the authority of the Sec-
retary under this subsection shall be exercised by the 
Librarian of Congress. 
‘‘(8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 
‘‘(A) 
AGENCIES.—Notwithstanding 
any 
other provision of this subsection, in the case of 
a public agency that employs individuals as de-
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