VAWA II, SEC. 741 - 745
SEC. 741. SHORT TITLE AND REFERENCE.
(a) SHORT TITLE- This subtitle may be cited as the `Battered Women's Employment Protection Act '.
(b) REFERENCE- Whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made
to a section or other provision of the Family and Medical Leave Act of 1993.
SEC. 742. PURPOSES.
Pursuant to the affirmative power of Congress to enact this Act under section 5 of the Fourteenth Amendment to the Constitution, as well as under clause 1 of section 8 of Article I of the Constitution
and clause 3 of section 8 of Article I of the Constitution, the purposes of this subtitle are--
(1) to promote the national interest in reducing domestic violence by enabling victims of domestic violence to maintain the financial independence necessary to leave abusive situations, to achieve
safety and minimize the physical and emotional injuries from domestic violence, and to reduce the devastating economic consequences of domestic violence to employers and employees, by--
(A) providing unemployment insurance for victims of domestic violence who are forced to leave their employment as a result of domestic violence; and
(B) entitling employed victims of domestic violence to take reasonable leave under the Family and Medical Leave Act of 1993 to seek medical help, legal assistance, counseling, and safety
planning and assistance without penalty from their employer;
(2) to promote the purposes of the Fourteenth Amendment by protecting the civil and economic rights of victims of domestic violence and by furthering the equal opportunity of women to
employment and economic self-sufficiency;
(3) to minimize the negative impact on interstate commerce from dislocations of employees and
harmful effects on productivity, health care costs, and employer costs from domestic violence; and
(4) to accomplish the purposes described in paragraphs (1), (2) and (3) in a manner that accommodates the legitimate interests of employers.
SEC. 743. UNEMPLOYMENT COMPENSATION.
(a) UNEMPLOYMENT COMPENSATION- Section 3304(a) of the Internal Revenue Code of 1986 is amended--
(1) by striking `and' at the end of paragraph (18),
(2) by striking the period at the end of paragraph (19) and inserting `; and',
(3) by adding after paragraph (19) the following:
`(20) compensation is to be provided where an individual is separated from employment due to circumstances directly resulting from the individual's experience of domestic violence.',
(4) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively, and
(5) by adding after subsection (a) the following:
`(b) CONSTRUCTION-
`(1) For the purpose of determining, under subsection (a)(20), whether an employee's separation from employment is `directly resulting' from the individual's experience of domestic violence, it
shall be sufficient if the separation from employment resulted from--
`(A) the employee's reasonable fear of future domestic violence at or en route to or from her place of employment;
`(B) the employee's wish to relocate to another geographic area in order to avoid future domestic violence against the employee or the employee's family;
`(C) the employee's need to recover from traumatic stress resulting from the employee's experience of domestic violence;
`(D) the employer's denial of the employee's request for the temporary leave from employment to address domestic violence and its effects authorized by section 102 of the Family and
Medical Leave Act of 1993; or
`(E) any other respect in which domestic violence causes the employee to reasonably believe that termination of employment is necessary for the future safety of the employee or the
employee's family.
`(2) For purposes of subsection (a)(20), where State law requires the employee to have made reasonable efforts to retain employment as a condition for receiving unemployment compensation, it
shall be sufficient that the employee--
`(A) sought protection from or assistance in responding to domestic violence, including calling the police or seeking legal, social work, medical, clergy, or other assistance;
`(B) sought safety, including refuge in a shelter or temporary or permanent relocation, whether or not the employee actually obtained such refuge or accomplished such relocation; or
`(C) reasonably believed that options such as a leave, transfer, or alternative work schedule would not be sufficient to guarantee the employee or the employee's family's safety.
`(3) For purposes of subsection (a)(20), where State law requires the employee to actively search for employment after separation from employment as a condition for receiving unemployment
compensation, such requirement shall be deemed to be met where the employee is temporarily unable to actively search for employment because the employee is engaged in seeking safety or
relief for the employee or the employee's family from domestic violence, including--
`(A) going into hiding or relocating or attempting to do so, including activities associated with such relocation or hiding, such as seeking to obtain sufficient shelter, food, schooling for
children, or other necessities of life for the employee or the employee's family;
`(B) actively pursuing legal protection or remedies, including meeting with the police, going to court to make inquiries or file papers, meeting with attorneys, or attending court proceedings;
or
`(C) participating in psychological, social, or religious counseling or support activities to assist the employee in ending domestic violence.
`(4) In determining if an employee meets the requirements of paragraphs (1), (2), and (3), the employer of an employee may require the employee to provide--
`(A) documentation of the domestic violence, such as police or court records, or documentation of the domestic violence from a shelter worker or employee of a domestic violence
program, attorney, clergy, or medical or other
professional from whom the employee has sought assistance in addressing domestic violence and its effects; or
`(B) other corroborating evidence, such as a statement from any other individual with knowledge of the circumstances which provide the basis for the claim, or physical evidence of
domestic violence, such as photographs, torn or bloody clothes, etc.'.
All evidence of domestic violence experienced by an employee, including an employee's statement, any corroborating evidence, and the fact that an employee has applied for or inquired about
unemployment compensation available under section 3304(a)(20) shall be retained in the strictest confidence of the employer, except to the extent consented to by the employee where disclosure
is necessary to protect the employee's safety.'.
(b) SOCIAL SECURITY PERSONNEL TRAINING- Section 303(a) of the Social Security Act (42 U.S.C. 503(a)(4)) is amended by redesignating paragraphs (4) through (10) as paragraphs (5)
through (11), respectively, and by adding after paragraph (3) the following:
`(4) Such methods of administration as will ensure that claims reviewers and hearing personnel are adequately trained in the nature and dynamics of domestic violence and in methods of
ascertaining and keeping confidential information about possible experiences of domestic violence, so that employment separations stemming from domestic violence are reliably screened,
identified, and adjudicated and full confidentiality is provided for the employee's claim and submitted evidence.'.
(c) DEFINITIONS- Section 3306 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
`(u) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or threats of violence, not including acts of self-defense, committed by a current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic
or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against a victim who is
protected from that person's acts under the domestic or family violence laws of the jurisdiction.'.
SEC. 744. ENTITLEMENT TO LEAVE FOR DOMESTIC VIOLENCE.
(a) AUTHORITY FOR LEAVE- Section 102(a)(1) (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following:
`(E) In order to care for the child or parent of the employee, if such child or parent is addressing domestic violence and its effects.
`(F) Because the employee is addressing domestic violence and its effects, the employee is unable to perform any of the functions of the position of such employee.'.
(b) DEFINITION- Section 101 (29 U.S.C. 2611) is amended by adding at the end the following:
`(14) ADDRESSING DOMESTIC VIOLENCE AND ITS EFFECTS- The term `addressing domestic violence and its effects' means--
`(A) experiencing domestic violence,
`(B) seeking medical attention for or recovering from injuries caused by domestic violence,
`(C) seeking legal assistance or remedies, including communicating with the police or an attorney, or participating in any legal proceeding related to domestic violence,
`(D) attending support groups for victims of domestic violence,
`(E) obtaining psychological counseling related to experiences of domestic violence,
`(F) participating in safety planning and other actions to increase safety from future domestic violence, including temporary or permanent relocation and
`(G) any other activity necessitated by domestic violence which must be undertaken during hours of employment.'.
(c) INTERMITTENT OR REDUCED LEAVE- Section 102(b) (29 U.S.C. 2612(b)) is amended by adding at the end the following:
`(3) DOMESTIC VIOLENCE- Leave under subparagraph (E) or (F) of subsection (a)(1) may be taken by an 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.'.
(d) PAID LEAVE- Section 102(d)(2) (29 U.S.C. 2612(d)) is amended by striking `(C) or (D)' and inserting `(C), (D), (E), or (F)'.
(e) CERTIFICATION- Section 103 (29 U.S.C. 2613) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following:
`(e) DOMESTIC VIOLENCE- In determining if an employee meets the requirements of subparagraph (E) or (F) of section 102(a)(1), the employer of an employee may require the employee to
provide--
`(1) documentation of the domestic violence, such as police or court records, or documentation of the domestic violence from a shelter worker, attorney, clergy, or medical or other professional
from whom the employee has sought assistance in addressing domestic violence and its effects; or
`(2) other corroborating evidence, such as a statement from any other individual with knowledge of the circumstances which provide the basis for the claim, or physical evidence of domestic
violence, such as photographs, torn or bloody clothes, etc.'.
(f) CONFIDENTIALITY- Section 103 (29 U.S.C. 2613), as amended by subsection (e), is amended--
(1) in the title by adding before the period the following: `; confidentiality', and
(2) by adding at the end the following:
`(g) CONFIDENTIALITY- All evidence of domestic violence experienced by an employee or the employee's child or parent, including an employee's statement, any corroborating evidence, and the
fact that an employee has requested leave for the purpose of addressing domestic violence and its effects, shall be retained in the strictest confidence by the employer, except to the extent consented to
by the employee where disclosure is necessary to protect the employee's safety or the safety of coworkers or requested by the employee to document domestic violence to a court or agency.'.
SEC. 745. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES FOR DOMESTIC VIOLENCE.
(a) AUTHORITY FOR LEAVE- Section 6382 of title 5, United States Code is amended by adding at the end the following:
`(E) In order to care for the child or parent of the employee, if such child or parent is addressing domestic violence and its effects.
`(F) Because the employee is addressing domestic violence and its effects, the employee is unable to perform any of the functions of the position of such employee.'.
(b) DEFINITION- Section 6381 of title 5, United States Code is amended by striking `and' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting `; and' and by
adding at the end the following:
`(7) the term `addressing domestic violence and its effects' means--
`(A) experiencing domestic violence,
`(B) seeking medical attention for or recovering from injuries caused by domestic violence,
`(C) seeking legal assistance or remedies, including communicating with the police or an attorney, or participating in any legal proceeding related to domestic violence,
`(D) attending support groups for victims of domestic violence,
`(E) obtaining psychological counseling related to experiences of domestic violence,
`(F) participating in safety planning and other actions to increase safety from future domestic violence, including temporary or permanent relocation and
`(G) any other activity necessitated by domestic violence which must be undertaken during hours of employment.'.
(c) INTERMITTENT OR REDUCED LEAVE- Section 6382(b) of title 5, United States Code, is amended by adding at the end the following:
`(3) Leave under subparagraph (E) or (F) of subsection (a)(1) may be taken by an 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.'.
(d) OTHER LEAVE- Section 6382(d) of title 5, United States Code, is amended by striking `(C) or (D)' and inserting `(C), (D), (E), or (F)'.
(e) CERTIFICATION- Section 6383 of title 5, United States Code, is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following:
`(e) DOMESTIC VIOLENCE- In determining if an employee meets the requirements of subparagraph (E) or (F) of section 6382(a)(1), the employer of an employee may require the employee to
provide--
`(1) documentation of the domestic violence, such as police or court records, or documentation of the domestic violence from a shelter worker, attorney, clergy, or medical or other professional
from whom the employee has sought assistance in addressing domestic violence and its effects; or
`(2) other corroborating evidence, such as a statement from any other individual with knowledge of the circumstances which provide the basis for the claim, or physical evidence of domestic
violence, such as photographs, torn or bloody clothes, etc.'.
(f) CONFIDENTIALITY- Section 6383 of title 5, United States Code, as amended by subsection (e), is amended--
(1) in the title by adding before the period the following: `; confidentiality', and
(2) by adding at the end the following:
`(g) CONFIDENTIALITY- All evidence of domestic violence experienced by an employee or the employee's child or parent, including an employee's statement, any corroborating evidence, and the
fact that an employee has requested leave for the purpose of addressing domestic violence and its effects, shall be retained in the strictest confidence by the employer, except to the extent consented to
by the employee where disclosure is necessary to protect the employee's safety or the safety of coworkers or requested by the employee to provide documentation to a court or agency.'.
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