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).