[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5262 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5262

  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 HOUSE OF REPRESENTATIVES

                           September 21, 2000

Ms. Roybal-Allard (for herself, Mrs. Maloney of New York, Mr. Hinchey, 
 and Ms. Woolsey) introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committees on 
       Education and the Workforce, 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 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 section 4 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.

SEC. 2. 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 one million violent crimes 
        against women every year;
            (2) approximately 95 percent of the victims of domestic 
        violence are women;
            (3) violence against women dramatically affects women's 
        work force participation, insofar as one- quarter of battered 
        women surveyed had lost a job due at least in part to the 
        effects of domestic violence, and over half had been harassed 
        by their abuser at work;
            (4) 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;
            (5) 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;
            (6) the availability of economic support is a critical 
        factor in women's ability to leave abusive situations that 
        threaten them and their children, and over half of battered 
        women surveyed stayed with their batterers because they lacked 
        resources to support themselves and their children; and
            (7) 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.

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 adding after subsection (a) the following:
    ``(b) Construction.--
            ``(1) 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; 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) 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) 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) 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, etc.''.
        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 section 3304(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 adding 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) (29 U.S.C. 2612(d)) 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:
    ``(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. 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 by striking ``and'' at the end of paragraph (5), by striking 
the period at the end of paragraph (6) and inserting ``; and'' and 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 Sate 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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