I
110th CONGRESS
2d Session
H. R. 5845
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
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.
Short title
This Act may be cited as the
Crime Victims Employment Leave
Act
.
Leave for victims of violent crime and domestic violence
Leave requirement
Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended—
in subsection (a)(1), by adding at the end the following:
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).
;
in subsection
(b)(1), by striking subparagraph (C) or (D)
and inserting
subparagraph (C), (D), or (F)
; and
in subsection
(d)(2)(A), by striking or (E)
and inserting (E), or
(F)
.
Notice
Section 102(e)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(1)) is amended—
by striking
In any case
and inserting the following:
Childbirth or placement
In any case
; and
by adding at the end the following:
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.
.
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:
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.
.
Definitions
Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended—
in paragraph (18),
by striking ; and
and inserting a semicolon;
in
paragraph (19), by striking the period and inserting ; and
;
and
by adding at the end the following:
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)).
.
