[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 367 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 367

  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 SENATE OF THE UNITED STATES

                           February 26, 1997

 Mr. Wellstone introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 Representatives 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 amendment 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 provision of the Family and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.).

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 1,000,000 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 likely 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 entrants into the workforce 
        between now and the year 2000;
            (5) violence against women dramatically affects women's 
        workforce participation, insofar as one-quarter of the battered 
        women surveyed had lost a job due at least in part to the 
        effects of domestic violence, and over one-half had been 
        harassed by their abuser at work;
            (6) a study by Domestic Violence Intervention Services, 
        Inc. found that 96 percent of employed domestic 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 a women's ability to leave abusive situations that 
        threaten them and their children, and over one-half of the 
        battered women surveyed stayed with their batterers because 
        they lacked resources to support 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 Minnesota 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 
        unemployment 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 Department of Labor 
        found that, when filing for unemployment insurance benefits, 
        domestic violence victims frequently hide their victimization 
        and do not disclose the domestic violence as a reason for their 
        problems with the job or need to separate from employment;
            (11) 49 percent of senior executives recently surveyed said 
        domestic violence has a harmful effect on their company's 
        productivity, 47 percent said domestic 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 
        $3,000,000,000 and $5,000,000,000 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 Fourteenth 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 violence to maintain 
        the financial independence necessary to leave abusive 
        situations, to achieve safety and minimize the physical and 
        emotional injuries from domestic violence, and to reduce the 
        devastating 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 (29 U.S.C. 2601 et seq.) 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 furthering the equal opportunity of women to 
        employment and economic self-sufficiency;
            (3) to minimize the negative impact on interstate 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 accommodates the legitimate 
        interests of employers.

SEC. 3. UNEMPLOYMENT COMPENSATION.

    (a) Unemployment Compensation.--Section 3304(a) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of paragraph (18);
            (2) by striking the period at the end of paragraph (19) and 
        inserting ``; and'';
            (3) by adding after paragraph (19) the following:
            ``(20) compensation is to be provided where an individual 
        is separated from employment due to circumstances 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 inserting after subsection (a) the following:
    ``(b) Construction.--
            ``(1) Directly resulting from violence.--For the purpose of 
        determining, under subsection (a)(20), whether an employee's 
        separation from employment is `directly resulting' from the 
        individual's experience of domestic violence, it shall be 
        sufficient if the separation from employment resulted from--
                    ``(A) the employee's reasonable fear of future 
                domestic violence at or en route to or from her place 
                of employment;
                    ``(B) the employee's wish to relocate to another 
                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 employee's 
                request for the temporary leave from employment to 
                address domestic violence and its effects authorized by 
                section 102 of the Family and Medical Leave Act of 1993 
                (29 U.S.C. 2612); or
                    ``(E) any other respect in which domestic violence 
                causes the employee to reasonably believe that 
                termination of employment is necessary for the future 
                safety of the employee or the employee's family.
            ``(2) Reasonable efforts to retain employment.--For 
        purposes of subsection (a)(20), where State law requires the 
        employee to have made reasonable 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 schedule would not 
                be sufficient to guarantee the employee or the 
                employee's family's safety.
            ``(3) Active employment search.--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 compensation, such 
        requirement shall be deemed to be met where the employee is 
        temporarily unable to actively search for employment because 
        the employee is engaged in seeking safety or relief for the 
        employee or the employee's family from domestic violence, 
        including--
                    ``(A) going into hiding or relocating or attempting 
                to do so, including activities associated with such 
                relocation or hiding, such as seeking to obtain 
                sufficient shelter, food, schooling 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 proceedings; or
                    ``(C) participating in psychological, social, or 
                religious counseling or support activities to assist 
                the employee in ending domestic violence.
            ``(4) Requirement to provide documentation or other 
        evidence.--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 violence, such 
                as police or court records, or documentation of the 
                domestic violence from a shelter worker, attorney, 
                clergy, or medical or other professional from whom the 
                employee has sought assistance in addressing domestic 
                violence 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, or other 
                similar evidence.
        All evidence of domestic violence experienced by an employee, 
        including an employee's statement, any corroborating evidence, 
        and the fact that an employee has applied for or inquired about 
        unemployment compensation available under subsection (a)(20) 
        shall be retained in the strictest confidence of the employer, 
        except to the extent consented to by the employee where 
        disclosure is necessary to protect the employee's safety.''.
    (b) Social Security Personnel Training.--Section 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 inserting after paragraph (3) the following:
            ``(4) Such methods of administration as will ensure 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 reliably 
        screened, identified, and adjudicated and full confidentiality 
        is provided for the employee's claim and submitted evidence.''.
    (c) Definitions.--Section 3306 of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(u) Domestic Violence.--The term `domestic violence' includes 
abuse committed against an employee or a family member of the employee 
by--
            ``(1) a current or former spouse of the employee;
            ``(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 intimate partner; or
            ``(4) a person from whom the employee would be eligible for 
        protection under the domestic violence, protection order, or 
        family laws of the jurisdiction in which the employee resides 
        or the employer 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, intimidation, 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 VIOLENCE.

    (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 parent 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 violence and its effects' means--
                    ``(A) experiencing domestic violence;
                    ``(B) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence;
                    ``(D) attending support groups for victims of 
                domestic violence;
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence;
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation; 
                and
                    ``(G) any other activity necessitated by domestic 
                violence which must be undertaken during 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 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) Paid Leave.--Section 102(d)(2)(B) (29 U.S.C. 2612(d)(2)(B)) is 
amended by striking ``(C) or (D)'' and inserting ``(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, attorney, clergy, or medical or 
        other professional from whom the employee has sought assistance 
        in addressing 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:
    ``(f) Confidentiality.--All evidence of domestic violence 
experienced by an employee or the employee's child or parent, including 
an employee's statement, any corroborating evidence, and the fact that 
an employee has requested leave for the purpose of addressing domestic 
violence and its 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 protect the employee's safety.''.

SEC. 5. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES 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 domestic violence 
        and its effects, the employee is unable to perform any of the 
        functions of the position of such employee.''.
    (b) Definition.--Section 6381 of title 5, United States Code is 
amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (3) 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 recovering 
                from injuries caused by domestic violence;
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                domestic violence;
                    ``(D) attending support groups for victims of 
                domestic violence;
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence;
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation; 
                and
                    ``(G) any other activity necessitated by domestic 
                violence which must be undertaken during hours of 
                employment.''.
    (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) 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, attorney, clergy, or medical or 
        other professional from whom the employee has sought assistance 
        in addressing 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 violence 
experienced by an employee or the employee's child or parent, including 
an employee's statement, any corroborating evidence, and the fact that 
an employee has requested leave for the purpose of addressing domestic 
violence and its 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 protect the employee's safety.''.

SEC. 6. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

            (1) More protective.--Nothing in this Act or the amendments 
        made by this Act shall be construed 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 benefits for 
        employed victims of domestic violence than the rights 
        established under this Act or such amendments.
            (2) Less protective.--The rights established for employees 
        under this Act or the amendments made by this Act shall not be 
        diminished by any collective bargaining agreement, any 
        employment benefit program or plan, or any State or local law.

SEC. 7. EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (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 paragraph (2), the 
        amendments made by section 3 shall apply in the case of 
        compensation paid for weeks beginning 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 State legislature which begins after the 
        date of the enactment of this Act or which began prior to the 
        date of the enactment 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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