Sec. 201. 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 40 work days of leave in a 12-month period to be used as described in subsection
(d)(referred to in this title as safe leave ), of which not fewer than 10 workdays (of the employee’s choice) shall be paid. The remaining days of safe leave may be unpaid leave, except that the employee may elect to substitute the leave under section 204. An employee may take not more than a total of 40 work days of paid or unpaid safe leave in a 12-month period under this section (which 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. 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 a qualifying act of violence if the time is for the employee or employee’s family or household member to— seek, receive, or secure counseling; seek or secure temporary or permanent relocation or take steps to secure an existing home; seek, receive, or follow up on assistance from an organization or agency providing services to victims; seek legal assistance or attend legal proceedings, including preparation for or participation in any related administrative, civil, or criminal legal proceeding or other related activities; seek medical attention for physical or psychological injury or disability caused or aggravated by a qualifying act of violence; attend or make arrangements for the funeral or alternative to a funeral or wake of a victim of a qualifying act of violence who died as a result of a qualifying act of violence or grieve the death of a victim who died as a result of a qualifying act of violence; obtain or provide childcare or adult dependent care necessary as a result of a qualifying act of violence; enroll a child in a new school or make a care arrangement; access financial services or meet with a financial professional to address financial issues resulting from the qualifying act of violence; enroll, renew, or otherwise obtain benefits or public assistance or other services; access accessibility accommodations, including retrofitting home or vehicle or securing or being fitted for accessibility equipment; or take any other steps necessary to protect or restore their physical, mental, emotional, and economic well-being or the well-being of a family member recovering from covered acts. 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. If the period in question covers more than 3 workdays, an employer may require that a request for safe leave under this section for a purpose described in subsection
(d)be supported— by any form of certification, as determined by the employee, consisting of— a sworn statement of the employee or the family or household member, or another person with knowledge of the situation, as the case may be; documentation from an employee or volunteer working for a victim 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 victim of a qualifying act of violence; a police or court record indicating that the employee, or a family or household member of the employee, was a victim of a qualifying act of violence; a court order protecting or separating the employee or a family or household member of the employee from the perpetrator of a qualifying act of violence 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 a qualifying act of violence; or other corroborating evidence concerning the employee or family or household member; and if the victim is the employee’s family or household member, in order to verify the employee’s relationship with the victim, by information that may include a sworn statement of the employee, a birth certificate, a court document, or other corroborating evidence. The facts to be disclosed in any certification shall be limited to the minimum necessary to verify a need for the employee to be absent from work in connection with a qualifying act of violence, and the employee shall not be required to explain the details of the qualifying act of violence or how leave will be used. 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, and not later than 30 days after the first day of the period of leave, to the extent practicable. 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 (e), and the fact that the employee or family or household member is a victim of a qualifying act of violence, 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 victim of a qualifying act of violence 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 (e)(2)(A). If an employer possesses health information about an employee or an employee’s family or household member in connection with a certification under this section, 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. 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.
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Sec. 201
Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking
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