[Congressional Record Volume 143, Number 22 (Wednesday, February 26, 1997)]
[Senate]
[Pages S1678-S1681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE:
  S. 367. 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; to the Committee on Finance.


               battered women's employment protection act

  Mr. WELLSTONE. Mr. President, while we have begun to make important 
progress toward seriously addressing the devastating physical and 
emotional effects of domestic violence, little attention has been paid 
to the severe economic consequences of domestic abuse. The Battered 
Women's Employment Protection Act, which I am introducing today, will 
ensure eligibility for unemployment compensation to women who are 
separated from their jobs as a direct result of domestic violence. 
Several new studies illustrate the need for the legislation I am 
introducing today. The evidence is irrefutable, domestic violence 
dramatically affects women's ability to work and support themselves and 
their children.
  According to New York City's Victims Service, one-quarter of battered 
women recently surveyed who have survived abuse had lost their jobs due 
to the effects of domestic violence.
  Abusive husbands and partners harass 74 percent of employed battered 
women at work, either by showing up at the workplace or calling them at 
work. It is not unusual for women in abusive relationships to be late 
for work at least 5 times a month, to leave early at least 5 times a 
month, and to miss at least 3 full days of work a month--National Work-
place Resource Center on Domestic Violence.
  There have been cases brought to my attention in my home State of 
Minnesota where the women trying to escape abusive relationships could 
have benefited from this legislation, and we know that, sadly, there 
are many more such stories throughout the country.
  On February 12, 1997, a woman came into the Women's Rural Advocacy 
Program in Marshall, MN, after her partner had emotionally, verbally, 
and physically assaulted her. After many years of fighting, her abuser 
finally let her get a drivers license and a car. His motivation for 
allowing her to do this was that she could get a job, resulting in more 
money for himself. Three months into her job, her partner assaulted her 
and she was in need of safe housing and constant protection. Because of 
the fear of her abuser finding her and her child, it was not safe for 
her to take their child to daycare, so she was unable to get to work. 
Seeing that this was a new job, she did not have any vacation days she 
could use.
  Her abuser soon found out where she was located. She panicked and 
took her child and left the shelter, presumably the city, her friends, 
and her job. The shelter advocate we spoke to had no idea where she 
went, but was sure she had no money, very little clothes, and no car.
  A woman, known as Sarah, is a 34-year-old college educated mother of 
5 children, all under the age of 12. Sarah and her husband of 15 years 
had a successful market research company. Their combined salaries 
totaled over $225,000. The husband was the president of the company, 
Sarah the vice president. They were equal share holders in the company 
until Sarah came in contact with law enforcement and the Lewis House 
Shelter due to her hospitalization for extensive injuries suffered at 
the hands of her abusive husband.
  Sarah admits that the abuse has gone on for years. She filed for an 
order of protection, filed assault charges, and filed for divorce. Her 
husband then fired Sarah from the company they started. Her lawyer 
tells Sarah that she can sue for her position to be reinstated in the 
company. Sarah knows she is not safe and that nothing can protect her 
or her children from the repeated pattern of abuse. She is faced with 
the loss of her position, her income, legal fees, medical bills, as 
well as the foundation of her children's lives.
  It took Sarah 6 months to find a full-time position. She has 
supported herself by using credit cards she maintained in her own name. 
She begins her new life with $30,000 of new debt. Her batterer 
maintains his company today, with no loss of position and an increase 
in income.
  For women attempting to escape a violent environment, this 
legislation can be a lifeline.
  There has been great progress in the last few years in societal and 
legislative response to violence within the home. One area that has not 
been sufficiently addressed, in my opinion, is the economic cost of 
domestic abuse.
  The Bureau of National Affairs recently estimated that domestic 
violence costs employers between 3 and 5 billion dollars per year. 
Domestic violence results in lower productivity, greater absenteeism, 
and increased health costs.
  The National Institute for Justice estimates that from 1987 to 1990, 
domestic violence cost Americans $67 billion a year.
  According to annual estimates for reported domestic violence 
injuries, family violence exacts a significant economic toll on the 
well-being of the family, and the United States.
  Forty-four million, three hundred ninety-three thousand, seven 
hundred dollars total annual medical costs, 21,000 hospitalizations, 
28,700 emergency room visits, and 175,000 days lost from work.
  In addition--50 to 80 percent of women on AFDC are victims or past 
victims of domestic violence (Taylor Institute Study, 1996). One year 
after divorce, women's incomes average only 67 percent of their pre-
divorce incomes compared to 90 percent for men (Report of the American 
Psychological Association Presidential Task Force on Violence and the 
Family, 1996).
  The Battered Women's Employment Protection Act will help women retain 
employment and financial independence by ensuring that employed victims 
of domestic violence can have time off from work to make necessary 
court appearances, seek legal assistance, and get help with safety 
planning, without penalty from the employer.
  This bill enables employees to use their family, medical, sick, and 
other leave in order to deal with circumstances arising from domestic 
abuse.

  Circumstances that would allow an employee to take leave include 
going to the doctor for injuries caused by domestic violence, seeking 
legal remedies such as going to court, seeking orders of protection, or 
meeting with a lawyer.
  Current Federal and State laws fail to address the negative economic 
consequences domestic violence can cause. Today, battered women are not 
expressly allowed to take leave from work to address the consequences 
of family violence--both the physical and legal effects. This bill will 
help women to escape abusive situations by helping them retain 
employment and financial independence. And, by requiring employers to 
provide leave to employees for the purpose of dealing with domestic 
violence and its aftermath--it does not increase costs to employers, it 
permits employees to use their existing leave to deal with domestic 
violence.
  Furthermore, to ensure that battered women can retain the 
independence necessary to leave their abusers without having to rely on 
welfare, the bill requires that States provide unemployment benefits to 
women who are forced to leave work as a result of domestic abuse. The 
bill ensures eligibility for unemployment compensation to women who are 
separated from their jobs as a direct result of domestic violence. For 
example, victims of abuse could not be denied unemployment if they were 
forced to leave their jobs because they had to relocate for safety

[[Page S1679]]

reasons. Similarly, a woman would be eligible for unemployment 
compensation if she was fired from her job because she repeatedly 
showed up late for work with physical signs of abuse or was excessively 
absent from work as a result of abuse. In addition, the bill provides 
for specialized training of personnel in assessing unemployment 
compensation claims based on domestic violence.
  All of us here today are committed to doing what we can to help 
battered women and their children escape domestic violence. I urge my 
colleagues to join in this effort by cosponsoring the Battered Women's 
Employment Protection Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 367

       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

[[Page S1680]]

     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

[[Page S1681]]

     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.

                          ____________________