[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2996
To amend the Family and Medical Leave Act of 1993 to permit leave for
an employee to meet their needs related to being a victim of dating
violence, domestic violence, sexual assault, sex trafficking, or
stalking, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. Bice (for herself and Ms. Stevens) introduced the following bill;
which was referred to the Committee on Education and the Workforce, and
in addition to the Committees on Oversight and Accountability, 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 to permit leave for
an employee to meet their needs related to being a victim of dating
violence, domestic violence, sexual assault, sex trafficking, or
stalking, 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 ``Safe Leave for Victims of Domestic
Violence, Sexual Assault, and Stalking Act''.
SEC. 2. ENTITLEMENT RELATING TO BEING A VICTIM OF DATING VIOLENCE,
DOMESTIC VIOLENCE, SEXUAL ASSAULT, SEX TRAFFICKING, OR
STALKING.
(a) Leave Requirement.--Section 102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following new
subparagraph:
``(F) In order to meet the needs of the employee
related to the employee, or a family member of the
employee, being a victim of dating violence, domestic
violence, sexual assault, sex trafficking, or stalking
to--
``(i) seek medical attention or treatment
for physical or psychological injuries related
to domestic violence, dating violence, sexual
assault, stalking, or trafficking;
``(ii) seek mental health or counseling
services for injuries and trauma related to
domestic violence, dating violence, sexual
assault, stalking, or trafficking;
``(iii) seek services from a victim
services organization, including, but not
limited to, a domestic violence program, a
sexual assault victim service provider, a
stalking victim service provider;
``(iv) seek civil or criminal legal
services to prepare for and participate in
legal proceedings related to domestic violence,
sexual assault, dating violence stalking, or
trafficking;
``(v) secure safe housing, including
searching for new housing, relocating, and
installing additional safety measures; or
``(vi) in a case in which a family member
of the employee has been a victim of dating
violence, domestic violence, sexual assault,
sex trafficking, or stalking, to assist the
family member in any of the activities
described in clauses (i) through (v).''.
(b) Schedule.--
(1) In general.--Section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by inserting after the third sentence
the following new sentence: ``Subject to paragraph (2),
subsection (e)(2), and subsection (b)(5) of section 103, leave
under subparagraph (F) of subsection (a)(1) may be taken
intermittently or on a reduced leave schedule.''
(2) Conforming amendments.--Section 102 of such Act (29
U.S.C. 2612) is amended--
(A) in subsection (b)(2), by striking ``or (D)''
after ``subparagraph (C)'' and inserting ``, (D), or
(F)''; and
(B) in subsection (e)(2), by striking ``or (D)''
after ``subparagraph (C)'' and inserting ``, (D), or
(F)''.
(c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following:
``(C) Meet needs relating to being a victim of
dating violence, domestic violence, sexual assault, sex
trafficking, or stalking.--An eligible employee may
elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave,
personal leave, or medical or sick leave of the
employee for leave provided under subparagraph (F) 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.''.
(d) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following:
``(g) Certification Relating to Being a Victim of Dating Violence,
Domestic Violence, Sexual Assault, Sex Trafficking, or Stalking.--
``(1) Subject to paragraph (2), an employer may require
that a request for leave under section 102(a)(1)(F) be
supported by a certification issued at such time and in such
manner as the Secretary may by regulation prescribe.
``(2) In the case of an employee requesting leave under
section 102(a)(1)(F) who has not yet received a certification
as described under paragraph (1), such employer shall accept a
sworn statement on a form prescribed by the Secretary that such
employee has requested such certification.''.
(e) Definitions.--Section 101 of such Act (29 U.S.C. 2611) is
amended by adding at the end the following new paragraphs:
``(20) Dating violence.--The term `dating violence' means
violence committed by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the employee; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) The length of the relationship.
``(ii) The type of relationship.
``(iii) The frequency of interaction
between the persons involved in the
relationship.
``(21) Domestic violence.--The term `domestic violence'
includes felony or misdemeanor crimes committed by a current or
former spouse or intimate partner of the employee under the
family or domestic violence laws of the jurisdiction receiving
grant funding and, in the case of victim services, includes the
use or attempted use of physical abuse or sexual abuse, or a
pattern of any other coercive behavior committed, enabled, or
solicited to gain or maintain power and control over an
employee, including verbal, psychological, economic, or
technological abuse that may or may not constitute criminal
behavior, by a person who--
``(A) is a current or former spouse or intimate
partner of the employee, or person similarly situated
to a spouse of the employee;
``(B) is cohabitating, or has cohabitated, with the
employee as a spouse or intimate partner;
``(C) shares a child in common with the employee;
or
``(D) commits acts against a youth or employee who
is protected from those acts under the family or
domestic violence laws of the jurisdiction.
``(22) Family member.--The term `family member' means a
spouse, son, daughter, parent, or next of kin.
``(23) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by section 1591 of title 18, whether or
not the conduct occurs in interstate or foreign commerce or
within the special maritime and territorial jurisdiction of the
United States.
``(24) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, Tribal, or
State law, including when the employee lacks capacity to
consent.
``(25) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to--
``(A) fear for his or her safety or the safety of
others; or
``(B) suffer substantial emotional distress.''.
(f) Technical Amendments.--Title I of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611 et seq.) is amended--
(1) in section 102(c), by striking ``subsection (a)(1)(F)''
and inserting ``subsection (a)(1)(G)''; and
(2) in section 110--
(A) by striking ``section 102(a)(1)(F)'' each place
it appears and inserting ``section 102(a)(1)(G)''; and
(B) in subsection (a)(1)(A), by redesignating the
second clause (ii) as clause (iii).
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