HR 5845

110th CONGRESS
2d Session

H. R. 5845

To permit leave under the Family and Medical Leave Act of 1993 for victims of violent crime and domestic violence and immediate family members of victims of violent crime and domestic violence to attend court proceedings relating to such crimes.

IN THE HOUSE OF REPRESENTATIVES

April 17, 2008

Mr. EMANUEL (for himself, Mr. GEORGE MILLER of California, Ms. WOOLSEY, Mrs. MALONEY of New York, Mr. NADLER, Mr. ACKERMAN, Mr. COSTA, and Mr. POE) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Government Reform and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To permit leave under the Family and Medical Leave Act of 1993 for victims of violent crime and domestic violence and immediate family members of victims of violent crime and domestic violence to attend court proceedings relating to such crimes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Crime Victims Employment Leave Act'.

SEC. 2. LEAVE FOR VICTIMS OF VIOLENT CRIME AND DOMESTIC VIOLENCE.

(a) Leave Requirement- Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--

(1) in subsection (a)(1), by adding at the end the following:

`(F) To attend court proceedings relating to the prosecution of a person for a violent crime (including domestic violence) committed against the employee, a spouse, parent, son, or daughter of the employee, or other next of kin of the employee (as such term is defined in section 101 of this Act and under regulations promulgated by the Secretary).';

(2) in subsection (b)(1), by striking `subparagraph (C) or (D)' and inserting `subparagraph (C), (D), or (F)'; and

(3) in subsection (d)(2)(A), by striking `or (E)' and inserting `(E), or (F)'.

(b) Notice- Section 102(e)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(1)) is amended--

(1) by striking `In any case' and inserting the following:

`(A) CHILDBIRTH OR PLACEMENT- In any case'; and

(2) by adding at the end the following:

`(B) COURT PROCEEDINGS- In any case in which the necessity for leave under subparagraph (F) of subsection (a)(1) is foreseeable based on a scheduled court proceeding, the employee shall provide the employer with not less than 14 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the court proceeding requires leave to begin in less than 14 days, the employee shall provide such notice as is practicable.'.

(c) Certification- Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended by adding at the end the following:

`(f) Certification for Leave Taken To Attend Court Proceedings- An employer may require that a request for leave under subparagraph (E) of section 102(a)(1) be supported by a certification issued by a court or prosecutor relating to the court proceeding for which leave is taken. The employee shall provide, in a timely manner, a copy of such certification to the employer. Any notification of the court proceeding issued by the appropriate court or court personnel or prosecutor shall be sufficient certification for purposes of this section. An employer shall not disclose any certification provided by the employee pursuant to this subsection and shall maintain confidential any information contained therein relating to the nature of the court proceeding for which the employee is taking leave.'.

(d) Definitions- Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended--

(1) in paragraph (18), by striking `; and' and inserting a semicolon;

(2) in paragraph (19), by striking the period and inserting `; and'; and

(3) by adding at the end the following:

`(20) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning given such term in section 40002(a)(6) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(6)).'.

END