‘‘(13) the term ‘addressing a hate crime and its 
consequences’ means— 
‘‘(A) seeking medical attention for or re-
covering from injuries caused by being a victim 
of a hate crime; 
‘‘(B) seeking legal assistance or remedies, 
including communicating with the police or an 
attorney, or participating in any legal pro-
ceeding related to being a victim of a hate 
crime; 
‘‘(C) attending support groups for victims 
of hate crimes; and 
‘‘(D) obtaining psychological counseling re-
lated to the experience of being a victim of a 
hate crime.’’. 
(3) INTERMITTENT OR REDUCED LEAVE.—Sec-
tion 6382(b) of title 5, United States Code, is 
amended by adding 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 
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the employee is entitled under subsection (a) beyond 
the amount of leave actually taken.’’. 
(4) OTHER LEAVE.—Section 6382(d) of title 5, 
United States Code, is amended by striking ‘‘(C) or 
(D)’’ and inserting ‘‘(C), (D), (E), or (F)’’. 
(5) CERTIFICATION.—Section 6383 of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(g) 
‘‘(1) An employing agency may require that a 
request for leave under subparagraph (E) or (F) of 
section 6382(a)(1) be supported by documentation 
of the hate crime. 
‘‘(2) An employing agency shall keep any infor-
mation related to a hate crime experienced by an 
employee or the spouse, son, daughter, or parent of 
the employee confidential, including an employee’s 
statement, any corroborating evidence, and the fact 
that an employee has requested leave for the pur-
pose of addressing a hate crime and its con-
sequences, except to the extent— 
‘‘(A) consented to by the employee where 
disclosure is necessary to protect the employee’s 
safety or the safety of coworkers; or 
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‘‘(B) requested by the employee to provide 
documentation to a court or agency.’’. 
(c) EXISTING LEAVE USABLE FOR VICTIMS OF A 
HATE CRIME.— 
(1) USE OF EXISTING LEAVE.—Where an em-
ployee would be otherwise entitled to take paid or 
unpaid leave (including family, medical, sick, annual, 
personal, or similar leave) from employment pursu-
ant to Federal or State law, an existing benefits pro-
gram or plan, or a collective bargaining agreement, 
such employee shall be permitted to use such leave 
for the purpose of addressing a hate crime and its 
consequences, or for the purpose of caring for the 
spouse, or a son, daughter, or parent of the em-
ployee, if such spouse, son, daughter, or parent is 
addressing a hate crime and its consequences. 
(2) DEFINITIONS.—As used in this subsection: 
(A) HATE CRIME.—The term ‘‘hate crime’’ 
has the meaning given such term by section 
101(20) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611(20)), as amended by 
section 103(a) of this Act. 
(B) ADDRESSING A HATE CRIME AND ITS 
CONSEQUENCES.—The term ‘‘addressing a hate 
crime and its consequences’’ has the meaning 
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given such phrase by section 101(21) of the 
Family and Medical Leave Act of 1993 (29 
U.S.C. 2611(21)), as amended by section 
103(a) of this Act. 
(C) EMPLOYER.—The term ‘‘employer’’ in-
cludes any person acting directly or indirectly in 
the interest of an employer in relation to any 
employee, who is subject to the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2601 et 
seq.) or to any State law or benefits program 
or plan addressing paid or unpaid leave from 
employment (including family, medical, sick, 
annual, personal, or similar leave). The term 
does not include any labor organization (other 
than when acting as an employer) or anyone 
acting in the capacity of an officer or agent of 
such labor organization. 
(D) EMPLOYEE.—The term ‘‘employee’’ 
has the meaning given such term in section 3(e) 
of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(e)). 
(3) CERTIFICATION.—An employer may require 
that a request for leave described in paragraph (1) 
be supported by documentation of the hate crime. 
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(4) CONFIDENTIALITY.—An employer shall 
keep any information relating to a hate crime experi-
enced by an employee or the spouse, son, daughter, 
or parent of the employee confidential, including an 
employee’s statement, any documentation or cor-
roborating evidence, or the fact that the employee 
has requested leave for the purpose of addressing 
hate crimes and its consequences, except to the ex-
tent— 
(A) consented to by the employee in order 
to protect the employee’s safety or the safety of 
coworkers; or 
(B) requested by the employee to docu-
ment hate crimes to a court or agency. 
(5) ENFORCEMENT.— 
(A) PUBLIC
ENFORCEMENT.—The Sec-
retary 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 pub-
lic enforcement of any alleged violation of this 
subsection against any employer. 
(B) PRIVATE
ENFORCEMENT.—The rem-
edies and procedures set forth in subsection (a) 
of section 107 of the Family and Medical Leave 
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