Sec. 113. Right to request and receive temporary changes to scheduled work hours due to personal events
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In this section: The term covered domestic worker has the meaning given the term in section 110(a). The term domestic violence has the meaning given the term in section 111(a). The term personal event , with respect to a covered domestic worker, means— an event resulting in the need of the covered domestic worker to serve as a caregiver for a child or other care recipient; an event resulting from the obligation of a covered domestic worker to attend a legal proceeding or hearing for subsistence benefits, including benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) or under a State program for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.), to which the worker, or a family member or care recipient of the worker, is a party or witness; or any circumstance that would constitute a basis for permissible use of safe time, or family, medical, or sick leave, as determined based on the policy of the domestic work hiring entity.
The term safe time , with respect to a covered domestic worker, means an absence from work of the worker resulting from domestic violence, sexual assault, or stalking, if the absence is to— seek medical attention for the worker or a child, parent, spouse, or domestic partner of the worker, or an individual related to the worker in order to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph
(A)in obtaining, services from a victim services organization; obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph
(A)in obtaining, psychological or other counseling; seek relocation for the worker or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A); or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking, of the worker or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A). The term scheduled work hours has the meaning given such term in section 112(a), except that references in such section to the term domestic worker shall be deemed to be a reference to the term covered domestic worker . The terms sexual assault and stalking have the meanings given such terms in section 111(a). The term temporary change , with respect to a change in the scheduled work hours of a covered domestic worker, means a limited alteration in the hours or dates that, or locations where, a worker is scheduled to work, including through using paid time off, trading or shifting work hours, or using short-term unpaid leave. A domestic work hiring entity shall grant a request of a covered domestic worker for a temporary change to the scheduled work hours of the worker due to a personal event in accordance with this subsection. For each calendar year, a domestic work hiring entity shall be required, upon request of a covered domestic worker under paragraph (1), to grant the covered domestic worker not less than— 2 requests under this paragraph for a temporary change to the scheduled work hours of the worker due to a personal event covering not more than 1 business day per request; or 1 request under this paragraph for a temporary change to the scheduled work hours of the worker due to a personal event covering not more than 2 business days per request. A covered domestic worker who requests a temporary change to the scheduled work hours of the worker due to a personal event under this subsection shall— notify the domestic work hiring entity, or direct supervisor, of such worker, as soon as the worker becomes aware of the need for the temporary change and inform the entity or supervisor that the change is due to a personal event; make a proposal for the temporary change to the scheduled work hours of the worker, unless the worker seeks leave without pay; and not be required to initially submit the request in writing, subject to subparagraph (B). A covered domestic worker that requests a temporary change to the scheduled work hours of the worker under this subsection and does not initially submit a request for such change in writing shall, as soon as practicable and not later than the second business day after the worker returns to work following the conclusion of the temporary change to the scheduled work hours, submit a written record of such request indicating— the date for which the change was requested; and that the request was made due to a personal event. A domestic work hiring entity may require that a record under this subparagraph be submitted in electronic form if workers of the domestic work hiring entity commonly use an electronic form to request and manage leave and schedule changes. If a covered domestic worker fails to submit the record required under this subparagraph within the period of time required under clause (i), the domestic work hiring entity shall not be required to respond in writing under subsection (c)(2). A domestic work hiring entity who receives a request under subsection
(b)for a temporary change to the scheduled work hours of a covered domestic worker due to a personal event shall respond as soon as practicable. Subject to paragraph (2), such entity shall not be required to initially respond to such request in writing. Subject to subsection (b)(3)(B)(iii), a domestic work hiring entity that receives a request under subsection
(b)shall, as soon as practicable, and not later than 14 days after the covered domestic worker submits the request under this subsection in writing (or submits a written record under subsection (b)(3)(B)), provide to the covered domestic worker a written response, which may be in electronic form if such form is easily accessible to the worker. Such written response shall include— an indication of whether the domestic work hiring entity will agree to the temporary change to the scheduled work hours in the manner requested by the worker, or will provide the temporary change to the scheduled work hours as leave without pay, which shall not constitute a denial of the request; if the domestic work hiring entity denies the request for a temporary change to the scheduled work hours, an explanation for the denial; and the number of requests, and business days, under subsection (b)(2) the worker has left in the calendar year for a subsequent temporary change under this subsection after taking into account the domestic work hiring entity’s decision contained in the written response. Notwithstanding any other provision in this section, a domestic work hiring entity may deny a request for a temporary change to the scheduled work hours of a covered domestic worker due to a personal event under this subsection only— if the covered domestic worker has already exhausted the allotted requests in the calendar year under subsection (b)(2); during any period in which the operations of the domestic work hiring entity cannot begin or continue due to— a fire, flood, or other natural disaster; a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) or a state of emergency declared by a Governor of a State or chief official of a unit of local government; or a severe weather condition that poses a threat to worker safety; or in a case in which the domestic work hiring entity has a medical emergency requiring emergency medical treatment or hospitalization. This section shall take effect on the date that is 2 years after the date of enactment of this Act.
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Sec. 113
Right to request and receive temporary changes to scheduled work hours due to personal events
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