Sec. 314. 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 direct care professional has the meaning given the term in section 312(a). The term domestic violence has the meaning given the term in section 331. The term personal event , with respect to a covered direct care professional, means— an event resulting in the need of the covered direct care professional to serve as a caregiver for an individual related to the covered direct care professional by blood or affinity or whose close association with the covered direct care professional is the equivalent of a family relationship; an event resulting from the obligation of a covered direct care professional 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 covered direct care professional, or an individual related to the covered direct care professional as described in subparagraph (A), 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 covered entity.
The term safe time , with respect to a covered direct care professional, means an absence from work of the covered direct care professional resulting from domestic violence, sexual assault, or stalking, if the absence is to— seek medical attention for the covered direct care professional or a child, parent, spouse, or domestic partner of the covered direct care professional, or any other individual related to the covered direct care professional by blood or affinity whose close association with the covered direct care professional is the equivalent of a family relationship, 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 covered direct care professional 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 covered direct care professional 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 313(a), except that references in such section to the term direct care professional shall be deemed to be a reference to the term covered direct care professional . The terms sexual assault and stalking have the meanings given such terms in section 331. The term temporary change , with respect to a change in the scheduled work hours of a covered direct care professional, means a limited alteration in the hours or dates that, or locations where, a covered direct care professional is scheduled to work, including through using paid time off, trading or shifting work hours, or using short-term unpaid leave. In accordance with this subsection, for each calendar year, a covered entity shall, upon request of a covered direct care professional, grant to the covered direct care professional not less than— 2 requests for a temporary change, covering not more than 1 business day per request, to the scheduled work hours of the covered direct care professional due to a personal event; or 1 request for a temporary change, covering not more than 2 business days, to the scheduled work hours of the covered direct care professional due to a personal event. A covered direct care professional who requests a temporary change to the scheduled work hours of the covered direct care professional due to a personal event under this subsection shall— notify the covered entity, or direct supervisor, of such covered direct care professional, as soon as the covered direct care professional 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 covered direct care professional, unless the covered direct care professional seeks leave without pay; and subject to subparagraph (B), not be required to initially submit the request in writing. A covered direct care professional that requests a temporary change to the scheduled work hours of the covered direct care professional under this subsection and does not initially submit a request for such change in writing shall, as soon as practicable and not later than 2 business days after date on which the covered direct care professional 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 covered entity may require that a record under this subparagraph be submitted in electronic form if covered direct care professionals of the entity commonly use an electronic form to request and manage leave and schedule changes. A covered entity who receives a request under subsection
(b)for a temporary change to the scheduled work hours of a covered direct care professional due to a personal event shall respond as soon as practicable. Such entity shall not be initially required to respond to such request in writing. If such entity does not initially respond to the requested schedule change in writing, the entity shall, as soon as practicable and not later than 1 week after the requested schedule change, provide the direct care professional with a written record of the response to the requested schedule change. 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. 314
Right to request and receive temporary changes to scheduled work hours due to personal events
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