Sec. 202. Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking
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An employer shall provide each employee employed by the employer not less than 30 days of safe leave in a 12-month period to be used as described in subsection (c). The 30 days of safe leave may be unpaid leave, except that the employee may elect to use the paid safe leave earned by the employee under subsection (b)(1) or substitute leave under section 203. An employee may take not more than a total of 30 days of unpaid safe leave, and 56 hours of paid safe leave earned by the employee under subsection (b)(1), in a 12-month period under this section (which days and hours may be taken intermittently or on a reduced leave schedule), in addition to any leave taken under title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq.), or subchapter V of chapter 63 of title 5, United States Code.
In addition to the 30 days of safe leave described in subsection (a), the employer shall provide each employee employed by the employer not less than one hour of earned paid safe leave for every 30 hours worked, to be used as described in subsection (c). An employer shall not be required to permit an employee to earn, under this subsection, more than 56 hours of paid safe leave in a 12-month period, unless the employer chooses to set a higher limit. Except as provided in paragraph (3), for purposes of this subsection, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ) shall be assumed to work 40 hours in each workweek.
If the normal workweek of such an employee is less than 40 hours, the employee shall earn paid safe leave based upon that normal workweek. Employees shall begin to earn paid safe leave under this subsection at the commencement of their employment. An employee shall be entitled to use the earned paid safe leave beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid safe leave as the leave is earned.
An employer may, at the discretion of the employer, loan paid safe leave to an employee for use by such employee in advance of the employee earning such safe leave as provided in this subsection and may permit use before the 60th day of employment. Except as provided in subparagraph (B), paid safe leave earned under this subsection shall carry over from one year to the next. This title shall not be construed to require an employer to permit an employee to earn more than 56 hours of paid safe leave under this subsection at a given time.
Any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection
(c)shall not be required to permit an employee to earn additional paid safe leave under this subsection. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid safe leave that has not been used. If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall (in addition to providing unpaid safe leave in accordance with subsection (a)) reinstate the employee’s previously earned paid safe leave. The employee shall be entitled to use the earned paid safe leave and earn additional paid safe leave at the recommencement of employment with the employer. Safe leave earned under this section may be used by an employee for an absence resulting from domestic violence, dating violence, sexual assault, or stalking, if the leave is to— seek medical attention for the employee or the employee’s family or household member, to recover from physical or psychological injury or disability caused by domestic violence, dating violence, sexual assault, or stalking; obtain or assist a family or household member in obtaining services from a survivor services organization; obtain or assist a family or household member in obtaining behavioral health services or counseling; participate in safety planning, temporary or permanent relocation, or taking other actions, to increase the safety of the employee or family or household member; or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, dating violence, sexual assault, or stalking. Safe leave shall be provided upon the oral or written request of an employee. Such request shall— include the expected duration of the period of such leave; and be provided as soon as practicable after the employee is aware of the need for such period. An employee shall make a reasonable effort to schedule a period of safe leave under this title in a manner that does not unduly disrupt the operations of the employer, unless scheduling the period of leave in that manner is not practicable. An employer may require that a request for safe leave under this section for a purpose described in subsection
(c)be supported— by any form of certification (but the employer may not specify the particular form of certification to be provided) consisting of— a sworn statement of the employee or the family or household member, as the case may be; a police report indicating that the employee, or a family or household member of the employee, was a survivor of domestic violence, dating violence, sexual assault, or stalking; a court order protecting or separating the employee or a family or household member of the employee from the perpetrator of an act of domestic violence, dating violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee or family or household member has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, dating violence, sexual assault, or stalking; documentation from an employee or volunteer working for a survivor services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, a member of the clergy, or another professional, affirming that the employee or a family or household member of the employee is a survivor of domestic violence, dating violence, sexual assault, or stalking; or other corroborating evidence concerning the employee or family or household member; and if the survivor is the employee's family or household member, in order to verify the employee's relationship with the survivor, by information that may include a sworn statement of the employee, a birth certificate, a court document, or other corroborating evidence. The certification shall state the reason that the safe leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, dating violence, sexual assault, or stalking involved. An employer may not require an employee, in order to obtain leave under this section, to produce, discuss with the employer, or provide— any additional information, beyond the information enumerated in this subsection that establishes that the employee is eligible for leave under this section; or any information that would compromise the safety of the employee or family or household member in any way. The employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of leave to the extent possible. The employer shall not delay the commencement of the period of leave on the basis that the employer has not yet received the certification. An employer may not require, as a condition of providing safe leave under this title, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using safe leave. All information provided to the employer pursuant to subsection
(c)or (d), and the facts that the employee or family or household member is a survivor of domestic violence, dating violence, sexual assault, or stalking, and the employee has requested or obtained safe leave pursuant to this section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is— requested or consented to by the employee in writing; or otherwise required by applicable Federal or State law. The provision of any information under this section does not waive or diminish the confidential or privileged nature of communications between a survivor of domestic violence, dating violence, sexual assault, or stalking with one or more of the individuals or entities providing information under subclause (II), (III), (IV), or
(V)of clause (i), or clause (ii), of subsection (d)(3)(A). If an employer possesses health information about an employee or an employee’s family or household member, such information shall— be maintained on a separate form and in a separate file from other personnel information; be treated as a confidential medical record; and not be disclosed except to the affected employee or with the written permission of the affected employee. Except as provided in paragraph (2), any employee who takes leave under this section for the intended purpose of the leave shall be entitled, on return from such leave— to be restored by the employer to the position of employment held by the employee when the leave commenced; or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. Nothing in this subsection shall be construed to entitle any restored employee to any accrual, right, benefit, or position described in section 104(a)(3) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2614(a)(3) ). Nothing in this paragraph shall be construed to prohibit an employer from requiring an employee on leave under this section to report periodically to the employer on the status and intention of the employee to return to work. An employer may deny restoration under paragraph
(1)to any employee described in subparagraph
(B)if— such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; the employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such injury would occur; and in any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice. An employee referred to in subparagraph
(A)is a salaried employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed. Except as provided in subparagraph (B), during any period that an employee takes leave under this section, the employer shall maintain coverage under any group health plan (meaning a group health plan as defined in section 5000(b)(1) of the Internal Revenue Code of 1986 or an employee welfare benefit plan as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(1) )) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. The employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of leave under this section if— the employee fails to return from leave under this section after the period of leave to which the employee is entitled has expired; and the employee fails to return to work for a reason other than— the continuation of, recurrence of, or onset of an episode of domestic violence, dating violence, sexual assault, or stalking, that entitles the employee to leave pursuant to this section; or other circumstances beyond the control of the employee. An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subclause
(I)or
(II)of subparagraph (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of the circumstances that formed the basis for that claim. An employee may satisfy the certification requirement of clause
(i)by providing to the employer— a sworn statement of the employee; documentation from an employee, agent, or volunteer of a survivor services organization, an attorney, a member of the clergy, or a medical or other professional, from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, including the effects of domestic violence, dating violence, sexual assault, or stalking; a police or court record; or other corroborating evidence. An employer may not require an employee, under subparagraph (C), to produce, discuss with the employer, or provide— any additional information, beyond the information enumerated in this paragraph that establishes that the employee is unable to return as described in subparagraph (C)(i); or any information that would compromise the safety of the employee or family or household member in any way. All information provided to the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause
(I)or
(II)of subparagraph (B)(ii), shall be retained in the strictest confidence by the employer, except to the extent that disclosure is— requested or consented to by the employee in writing; or otherwise required by applicable Federal or State law. The provision of any information under this paragraph does not waive or diminish the confidential or privileged nature of communications between a survivor of domestic violence, dating violence, sexual assault, or stalking with one or more of the individuals or entities providing information under subclause (II), (III), or
(IV)of subparagraph (C)(ii). Section 105(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615(a) ) shall apply with respect to this title. Section 105(b) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615(b) ) shall apply with respect to this title. It shall be unlawful for any public agency to deny, reduce, or terminate the benefits of, or otherwise sanction any individual, or otherwise discriminate (including harassment or retaliation in any form or manner) against any individual with respect to the amount, terms, or conditions of public assistance of the individual, because the individual— exercised or attempted to exercise any right provided under this section for the individual or the individual's family or household member; or opposed any practice made unlawful by this section. Any employer that violates subsection
(g)shall be liable to any individual affected— for damages equal to— the amount of— any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or in a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; the interest on the amount described in subclause
(I)calculated at the prevailing rate; and an additional amount as liquidated damages equal to the sum of the amount described in subclause
(I)and the interest described in subclause (II), except that if an employer that has violated subsection
(g)proves to the satisfaction of the court that the act or omission that violated subsection
(g)was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of subsection (g), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses
(I)and (II), respectively; and for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. An action to recover the damages or equitable relief prescribed in subparagraph
(A)may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more affected individuals for and on behalf of— the individuals; or the individuals and other individuals similarly situated. The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. The right provided by subparagraph
(B)to bring an action by or on behalf of any affected individual shall terminate— on the filing of a complaint by the Secretary of Labor in an action under paragraph
(4)in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(i) to such individual by an employer responsible under subparagraph
(A)for the payment; or on the filing of a complaint by the Secretary of Labor in an action under paragraph
(2)in which a recovery is sought of the damages described in subparagraph (A)(i) owing to an affected individual by an employer liable under subparagraph (A), unless the action described in clause
(i)or
(ii)is dismissed without prejudice on motion of the Secretary of Labor. The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of subsection
(g)in the same manner as the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 and 207). The Secretary of Labor may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (1)(A)(i). Any sums recovered by the Secretary of Labor pursuant to subparagraph
(B)shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each individual affected. Any such sums not paid to such an individual because of inability to do so within a period of three years shall be deposited into the Treasury of the United States as miscellaneous receipts. Except as provided in subparagraph (B), an action may be brought under this subsection not later than two years after the date of the last event constituting the alleged violation for which the action is brought. In the case of such action brought for a willful violation of subsection (g), such action may be brought within three years after the date of the last event constituting the alleged violation for which such action is brought. In determining when an action is commenced by the Secretary of Labor under this subsection for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary of Labor— to restrain violations of subsection (g), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to affected individuals; or to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. The Solicitor of Labor may appear for and represent the Secretary of Labor on any litigation brought under this subsection. Nothing in this section shall be construed to limit the liability of an employer or public agency to an individual, for harm suffered relating to the individual’s experience of domestic violence, dating violence, sexual assault, or stalking, pursuant to any other Federal or State law, including a law providing for a legal remedy. Notwithstanding any other provision of this subsection, in the case of the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised by the Librarian of Congress. Notwithstanding any other provision of this subsection, in the case of a public agency that employs individuals as described in subparagraph
(A)or
(B)of section 3(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(2) ) (other than an entity of the legislative branch of the Federal Government), subparagraph
(B)shall apply. In the case described in subparagraph (A), the powers, remedies, and procedures provided in the case of a violation of chapter 63 of title 5, United States Code, in that title to an employing agency, in chapter 12 of that title to the Merit Systems Protection Board, or in that title to any person alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this subsection provides in the case of a violation of subsection
(g)to that agency, that Board, or any person alleging a violation of subsection (g), concerning an employee who is an individual described in subparagraph (A). Consistent with regulations prescribed under section 206(d), the President shall ensure that any public agency that violates subsection (g)(3), or subsection (g)(2) by discriminating as described in subsection (g)(3), shall provide to any individual who receives a less favorable amount, term, or condition of public assistance as a result of the violation— the amount of any public assistance denied or lost to such individual by reason of the violation; and the interest on the amount described in clause (i), calculated at the prevailing rate; and such equitable relief as may be appropriate.
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Sec. 202
Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking
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