Domestic Violence Leave Act - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee, his or her same-sex spouse, or domestic partner to up to 12 workweeks of leave during any 12-month period: (1) to care for such individual's family member, if the family member is addressing domestic violence, sexual assault, or stalking and their effects; or (2) because such individual is addressing such matters, he or she is unable to perform any of the functions of his or her position.
Authorizes such individual to substitute any of his or her accrued paid vacation leave, personal leave, family leave, or medical or sick leave for any of the 12-week period of such leave.
Authorizes an employer to require an employee to certify with documentation the basis of the leave request.
Declares that nothing in this Act shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.
Amends federal civil service law to entitle civilian federal employees, their same-sex spouses, or domestic partners to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 12-week period. Authorizes the employing agency to require an employee to certify with documentation the basis of the leave request.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3151 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3151
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, to allow employees leave to address domestic violence,
sexual assault, or stalking and their effects, and to include leave to
care for domestic partners under the Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2011
Ms. Woolsey (for herself, Ms. Roybal-Allard, Mrs. Maloney, and Ms.
McCollum) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Oversight and Government Reform and House Administration,
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 committee concerned
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, to allow employees leave to address domestic violence,
sexual assault, or stalking and their effects, and to include leave to
care for domestic partners under the Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Leave Act''.
SEC. 2. ENTITLEMENT TO LEAVE FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
(a) Authority for Leave.--Section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding
at the end the following:
``(F) In order to care for the family member of the
employee, if such family member is addressing domestic
violence, sexual assault, or stalking and their
effects.
``(G) Because the employee is addressing domestic
violence, sexual assault, or stalking and their
effects, the employee is unable to perform any of the
functions of the position of such employee.''.
(b) Definitions.--Section 101 of such Act (29 U.S.C. 2611) is
amended by adding at the end the following:
``(20) Domestic violence.--The term `domestic violence' has
the meaning given such term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925), and includes
dating violence, as such term is defined in such section.
``(21) Sexual assault.--The term `sexual assault' has the
meaning given that term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
``(22) Stalking.--The term `stalking' has the meaning given
such term in section 40002 of the Violence Against Women Act of
1994 (42 U.S.C. 13925).
``(23) Addressing domestic violence, sexual assault, or
stalking and their effects.--The term `addressing domestic
violence, sexual assault, or stalking and their effects'
means--
``(A) seeking medical attention for or recovering
from injuries caused by domestic violence, sexual
assault, or stalking;
``(B) seeking legal assistance or remedies,
including communicating with the police or an attorney,
or participating in any legal proceeding related to
domestic violence, sexual assault, or stalking;
``(C) attending support groups for victims of
domestic violence, sexual assault, or stalking;
``(D) obtaining psychological counseling related to
experiences of domestic violence, sexual assault, or
stalking;
``(E) participating in safety planning and other
actions to increase safety from future domestic
violence, sexual assault, or stalking, including
temporary or permanent relocation; and
``(F) participating in any other activity
necessitated by domestic violence, sexual assault, or
stalking which must be undertaken during hours of
employment.
``(24) Family member.--The term `family member', used with
respect to a person, means an individual who is a spouse,
domestic partner, parent, son, or daughter (including an adult
son or daughter) of that person.''.
(c) Intermittent or Reduced Leave.--Section 102(b) of such Act (29
U.S.C. 2612(b)) is amended by inserting before the last sentence:
``Subject to subsection (e)(4) and 103(g), leave under subparagraph (F)
or (G) of subsection (a)(1) may be taken by an employee intermittently
or on a reduced leave schedule.''.
(d) Paid Leave.--Section 102(d)(2)(B) of such Act (29 U.S.C.
2612(d)(2)(B)) is amended by inserting at the end the following: ``An
eligible employee may elect to substitute any of the accrued paid
vacation leave, personal leave, family leave, or medical or sick leave
of the employee for leave provided under subparagraph (F) or (G) of
subsection (a)(1) for any part of the 12-week period of such leave
under such subsection, except that nothing in this title shall require
an employer to provide paid sick leave or paid medical leave in any
situation in which such employer would not normally provide any such
paid leave.''.
(e) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)), by
adding at the end the following:
``(4) Notice for leave due to domestic violence, sexual
assault, or stalking.--In any case in which the necessity for
leave under subparagraph (F) or (G) of subsection (a)(1) is
foreseeable based on a scheduled appointment or planned
activity to address domestic violence, sexual assault, or
stalking and their effects, the employee shall provide such
notice to the employer as is reasonable and practicable.''.
(f) Certification and Confidentiality.--Section 103 of such Act (29
U.S.C. 2613) is amended--
(1) in the section heading, by adding before the period the
following: ``; confidentiality''; and
(2) by adding at the end the following:
``(g) Certification Related to Domestic Violence, Sexual Assault,
or Stalking.--
``(1) In general.--In determining if an employee meets the
requirements of subparagraph (F) or (G) of section 102(a)(1),
the employer of an employee may require the employee to provide
written certification. Certification under this paragraph shall
be sufficient if it includes--
``(A) documentation of the domestic violence,
sexual assault, or stalking, such as police or court
records, or documentation of the domestic violence,
sexual assault, or stalking from a shelter worker,
attorney, clergy, or medical or other professional from
whom the employee or family member of the employee has
sought assistance in addressing domestic violence,
sexual assault, or stalking and their effects;
``(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,
sexual assault, or stalking, such as photographs, or
torn or bloody clothes; or
``(C) at the election of the employee, where
documentation described in subparagraph (A) and
corroborating evidence described in subparagraph (B) is
not available, a written statement describing the
domestic violence, sexual assault, or stalking and
their effects.
``(2) Confidentiality.--All evidence of domestic violence,
sexual assault, or stalking provided to an employer under this
subsection, including an employee's statement, any
corroborating evidence, and the fact that an employee has
requested leave for the purpose of addressing domestic
violence, sexual assault, or stalking and their effects, shall
be retained in the strictest confidence by the employer, except
to the extent consented to by the employee where disclosure is
necessary to--
``(A) protect the safety of the employee or family
member of the employee; or
``(B) assist in documenting domestic violence,
sexual assault, or stalking for a court or law
enforcement agency.''.
(g) Table of Contents.--The table of contents in section 1(b) of
the Family and Medical Leave Act of 1993 (29 U.S.C. prec. 2601) is
amended by striking the item relating to section 103 and inserting the
following:
``103. Certification; confidentiality.''.
SEC. 3. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS.
(a) Definitions.--
(1) Inclusion of same-sex spouses.--Section 101(13) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is
amended, by inserting ``, and, notwithstanding section 7 of
title I, United States Code, includes a spouse of the same sex
as the employee as determined under applicable State law''
before the period.
(2) Inclusion children of a domestic partner.--Section
101(12) of such Act (29 U.S.C. 2611(12)) is amended by
inserting ``a child of an individual's domestic partner,''
after ``a legal ward,''.
(3) Inclusion domestic partners.--Section 101 of such Act
(as amended by section 2) is further amended by adding at the
end the following:
``(25) Domestic partner.--The term `domestic partner'
means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State where the employee resides; or
``(B) in the case of an unmarried employee who
resides in a State where a person cannot marry a person
of the same sex under the laws of the State, a single,
unmarried adult person of the same sex as the employee
who is in a committed, intimate relationship with the
employee, is not a domestic partner to any other
person, and who is designated to the employer by such
employee as that employee's domestic partner.''.
(b) Leave Requirement.--Section 102 of such Act (29 U.S.C. 2612) is
amended--
(1) in subsection (a)(1)(C), by striking ``spouse,'' both
places it appears and inserting ``spouse or domestic
partner,'';
(2) in subsection (a)(1)(E), by striking spouse, and
inserting ``spouse or domestic partner,'';
(3) in subsection (a)(3), by striking ``spouse,'' and
inserting ``spouse or domestic partner,'';
(4) in subsection (e)(2)(A), by inserting ``domestic
partner,'' after ``spouse,'';
(5) in subsection (e)(3), by inserting ``domestic
partner,'' after ``spouse,''; and
(6) in subsection (f)--
(A) in the subsection heading, by inserting ``or
Domestic Partners'' after ``Spouses'';
(B) in paragraph (1), by striking ``a husband and
wife'' and inserting ``both spouses or both domestic
partners'';
(C) in paragraph (2)(A), by striking ``that husband
and wife'' and inserting ``spouses or both domestic
partners''; and
(D) in paragraph (2)(B), by striking ``the husband
and wife'' and inserting ``both spouses or both
domestic partners''.
(c) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended--
(1) in subsection (a), by inserting ``domestic partner,''
after ``spouse,'';
(2) in subsection (b)(4)(A), by inserting ``domestic
partner,'' after ``spouse,'' both places it appears; and
(3) in subsection (b)(7), by inserting ``domestic
partner,'' after ``spouse,''.
(d) Employment and Benefits Protection.--Section 104(c)(3) of such
Act (29 U.S.C. 2614(c)(3)) is amended--
(1) in subparagraph (A)(i), by inserting ``domestic
partner,'' after ``spouse,''; and
(2) in subparagraph (C)(ii), by inserting ``domestic
partner,'' after ``spouse,''.
SEC. 4. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES FOR DOMESTIC
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Authority for Leave.--Section 6382(a)(1) of title 5, United
States Code is amended by adding at the end the following:
``(E) In order to care for the family member of the
employee, if such family member is addressing domestic
violence, sexual assault, or stalking and their effects.
``(F) Because the employee is addressing domestic violence,
sexual assault, or stalking and their effects, the employee is
unable to perform any of the functions of the position of such
employee.''.
(b) Definitions.--Section 6381 of title 5, United States Code is
amended--
(1) at the end of paragraph (10), by striking ``and'';
(2) in paragraph (11), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(12) the terms `domestic violence', `sexual assault', and
`stalking' all have the meaning given such terms in section
40002 of the Violence Against Women Act of 1994 (42 U.S.C.
13925), and the term `domestic violence' includes dating
violence, as such term is defined in such section;
``(13) the term `addressing domestic violence, sexual
assault, or stalking and their effects' means--
``(A) seeking medical attention for or recovering
from injuries caused by domestic violence, sexual
assault, or stalking;
``(B) seeking legal assistance or remedies,
including communicating with the police or an attorney,
or participating in any legal proceeding related to
domestic violence, sexual assault, or stalking;
``(C) attending support groups for victims of
domestic violence, sexual assault, or stalking;
``(D) obtaining psychological counseling related to
experiences of domestic violence, sexual assault, or
stalking;
``(E) participating in safety planning and other
actions to increase safety from future domestic
violence, sexual assault, or stalking, including
temporary or permanent relocation; and
``(F) participating in any other activity
necessitated by domestic violence, sexual assault, or
stalking which must be undertaken during hours of
employment;
``(14) the term `family member', used with respect to a
person, means an individual who is a spouse, domestic partner,
parent, son or daughter (including an adult son or daughter) of
that person;''.
(c) Intermittent or Reduced Leave.--Section 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
the employee is entitled under subsection (a) beyond the amount
of leave actually taken.''.
(d) 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)''.
(e) Notice.--Section 6282(e) of title 5, United States Code, is
amended by adding at the end the following:
``(3) In any case in which the necessity for leave under
subparagraph (F) or (G) of subsection (a)(1) is foreseeable
based on a scheduled appointment or planned activity to address
domestic violence, sexual assault, or stalking and their
effects, the employee shall provide such notice to the
employing agency as is reasonable and practicable.''.
(f) Certification.--Section 6383 of title 5, United States Code, is
amended by adding at the end the following:
``(f) In determining if an employee meets the requirements of
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of
an employee may require the employee to provide written certification.
Certification under this subsection shall be sufficient if it
includes--
``(1) documentation of the domestic violence, sexual
assault, or stalking, such as police or court records, or
documentation of the domestic violence, sexual assault, or
stalking from a shelter worker, attorney, clergy, or medical or
other professional from whom the employee or family member of
the employee has sought assistance in addressing domestic
violence, sexual assault, or stalking and their effects;
``(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, sexual assault, or stalking, such as
photographs or torn or bloody clothes; or
``(3) at the election of the employee, where documentation
described in paragraph (1) and corroborating evidence described
in paragraph (2) is not available, a written statement
describing the domestic violence, sexual assault, or stalking
and their effects.''.
(g) Confidentiality.--Section 6383 of title 5, United States Code,
as amended by subsection (f), is amended--
(1) in the section heading, by adding before the period the
following: ``; confidentiality''; and
(2) by adding at the end the following:
``(g) All evidence of domestic violence, sexual assault, or
stalking provided to an employing agency under this subsection,
including an employee's statement, any corroborating evidence, and the
fact that an employee has requested leave for the purpose of addressing
domestic violence, sexual assault, or stalking and their effects, shall
be retained in the strictest confidence by the employing agency, except
to the extent consented to by the employee where disclosure is
necessary to--
``(1) protect the safety of the employee or family member
of the employee; or
``(2) assist in documenting domestic violence, sexual
assault, or stalking for a court or law enforcement agency.''.
(h) Table of Sections.--The table of sections for chapter 63 of
title 5, United States Code, is amended by striking the item relating
to section 6383 and inserting the following:
``6383. Certification; confidentiality.''.
SEC. 5. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS FOR LEAVE
FOR FEDERAL EMPLOYEES.
(a) Definitions.--Section 6381 of title 5, United States Code, as
amended by section 4, is further amended--
(1) in paragraph (6), by inserting ``a child of an
individual's domestic partner,'' after ``a legal ward,''; and
(2) by adding at the end the following:
``(15) the term `spouse' means a husband or wife, as the
case may be, and, notwithstanding section 7 of title I, United
States Code, includes a spouse of the same sex as the employee
as determined under applicable State law; and
``(16) the term `domestic partner' means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union laws of the State or political subdivision
of a State where the employee resides; or
``(B) in the case of an unmarried employee who
resides in a State where a person cannot marry a person
of the same sex under the laws of the State, a single,
unmarried adult person of the same sex as the employee
who is in a committed, intimate relationship with the
employee, is not a domestic partner to any other
person, and who is designated to the employing agency
by such employee as that employee's domestic
partner.''.
(b) Leave Requirement.--Section 6382 of title 5, United States
Code, is further amended--
(1) in subsection (a)(1)(C), by striking ``spouse,'' both
places it appears and inserting ``spouse or domestic
partner,'';
(2) in subsection (a)(3), by striking ``spouse,'' and
inserting ``spouse or domestic partner,''; and
(3) in subsection (e)(2)(A), by inserting ``domestic
partner,'' after ``spouse,''.
(c) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (a), by inserting ``domestic partner,''
after ``spouse,''; and
(2) in subsection (b)(4)(A), by inserting ``domestic
partner,'' after ``spouse,'' both places it appears.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, 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 committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, 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 committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, 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 committee concerned.
Referred to the Subcommittee on Workforce Protections.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line