[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5845 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5845

  To permit leave under the Family and Medical Leave Act of 1993 for 
  victims of violent crime and domestic violence and immediate family 
  members of victims of violent crime and domestic violence to attend 
               court proceedings relating to such crimes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2008

Mr. Emanuel (for himself, Mr. George Miller of California, Ms. Woolsey, 
Mrs. Maloney of New York, Mr. Nadler, Mr. Ackerman, Mr. Costa, and Mr. 
Poe) introduced the following bill; which was referred to the Committee 
on Education and Labor, 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 permit leave under the Family and Medical Leave Act of 1993 for 
  victims of violent crime and domestic violence and immediate family 
  members of victims of violent crime and domestic violence to attend 
               court proceedings relating to such crimes.

    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 ``Crime Victims Employment Leave 
Act''.

SEC. 2. LEAVE FOR VICTIMS OF VIOLENT CRIME AND DOMESTIC VIOLENCE.

    (a) Leave Requirement.--Section 102 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612) is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following:
                    ``(F) To attend court proceedings relating to the 
                prosecution of a person for a violent crime (including 
                domestic violence) committed against the employee, a 
                spouse, parent, son, or daughter of the employee, or 
                other next of kin of the employee (as such term is 
                defined in section 101 of this Act and under 
                regulations promulgated by the Secretary).'';
            (2) in subsection (b)(1), by striking ``subparagraph (C) or 
        (D)'' and inserting ``subparagraph (C), (D), or (F)''; and
            (3) in subsection (d)(2)(A), by striking ``or (E)'' and 
        inserting ``(E), or (F)''.
    (b) Notice.--Section 102(e)(1) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(e)(1)) is amended--
            (1) by striking ``In any case'' and inserting the 
        following:
                    ``(A) Childbirth or placement.--In any case''; and
            (2) by adding at the end the following:
                    ``(B) Court proceedings.--In any case in which the 
                necessity for leave under subparagraph (F) of 
                subsection (a)(1) is foreseeable based on a scheduled 
                court proceeding, the employee shall provide the 
                employer with not less than 14 days' notice, before the 
                date the leave is to begin, of the employee's intention 
                to take leave under such subparagraph, except that if 
                the date of the court proceeding requires leave to 
                begin in less than 14 days, the employee shall provide 
                such notice as is practicable.''.
    (c) Certification.--Section 103 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2613) is amended by adding at the end the following:
    ``(f) Certification for Leave Taken To Attend Court Proceedings.--
An employer may require that a request for leave under subparagraph (E) 
of section 102(a)(1) be supported by a certification issued by a court 
or prosecutor relating to the court proceeding for which leave is 
taken. The employee shall provide, in a timely manner, a copy of such 
certification to the employer. Any notification of the court proceeding 
issued by the appropriate court or court personnel or prosecutor shall 
be sufficient certification for purposes of this section. An employer 
shall not disclose any certification provided by the employee pursuant 
to this subsection and shall maintain confidential any information 
contained therein relating to the nature of the court proceeding for 
which the employee is taking leave.''.
    (d) Definitions.--Section 101 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611) is amended--
            (1) in paragraph (18), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (19), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(20) Domestic violence.--The term `domestic violence' has 
        the meaning given such term in section 40002(a)(6) of the 
        Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(6)).''.
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