Sec. 161. Leave for addressing domestic violence
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Section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ), as amended by section 141, is further amended by adding at the end the following: The term addressing domestic violence and its effects , used with respect to an employee, means— being unable to attend or perform work due to an incident of domestic violence; recovering from, or seeking medical attention for the employee or a son, daughter, or parent (referred to in this paragraph as a family member ) of the employee to recover from, injury caused by domestic violence; seeking, or assisting a family member in seeking, legal assistance or a remedy, including communicating with the police or an attorney, or participating in any legal proceeding, related to domestic violence; obtaining, or assisting a family member in obtaining, services from a domestic violence shelter or program or rape crisis center as a result of domestic violence; obtaining, or assisting a family member in obtaining, psychological counseling related to an experience of domestic violence; participating in safety planning and other actions, including temporary or permanent relocation, to increase safety from future domestic violence; and participating in any other activity necessitated by domestic violence that must be undertaken during the hours of employment involved.
The term domestic violence means domestic violence, and dating violence, as such terms are defined in section 40002 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 ). . Section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ) is amended— in subsection (a)(1), by adding at the end the following: In order to care for a son, daughter, or parent of the employee, if such son, daughter, or parent is addressing domestic violence and its effects. Because the employee is addressing domestic violence and its effects, which make the employee unable to perform the functions of the position of such employee. ; in subsection (b), by adding at the end the following:
Leave under subparagraph
(F)or
(G)of subsection (a)(1) may be taken by an eligible 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. ; and in subsection (d)(2)(B), in the first sentence, by striking
(C)or
(D)and inserting (C), (D), (F), or
(G). Section 103 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613 ), as amended by section 151(e), is further amended— in the title of the section, by inserting before the period the following: ; and ; confidentiality by adding at the end the following: In determining if an employee meets the requirements of subparagraph
(F)or
(G)of section 102(a)(1), the employer of an employee may require the employee to provide— a written statement describing the domestic violence and its effects; documentation of the domestic violence involved, such as a police or court record, or documentation from a shelter worker, an employee of a domestic violence program or rape crisis center, an attorney, a member of the clergy, or a medical or other professional, from whom the employee has sought assistance in addressing domestic violence and its effects; or other corroborating evidence, such as a statement from any other individual with knowledge of the circumstances that provide the basis for the claim of domestic violence, or physical evidence of domestic violence, such as a photograph, torn or bloody clothing, or any other damaged property. All evidence provided to the employer under subsection
(h)of domestic violence experienced by an employee or the son, daughter, or parent of an employee, including a statement of an employee, any other documentation or corroborating evidence, and the fact that an employee has requested leave for the purpose of addressing, or caring for a son, daughter, or parent who is addressing, domestic violence and its effects, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is requested, or consented to, by the employee for the purpose of— protecting the safety of the employee or a son, daughter, parent, or co-worker of the employee; or assisting in documenting domestic violence for a court or agency. . The table of contents in section 1(b) of the Family and Medical Leave Act of 1993 is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Certification; confidentiality. .
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