Bill Would Allow FMLA Leave to Be Taken for Acts of Domestic Violence, Sexual Assault and Stalking, and Extend Coverage to Domestic Partners

Legislation introduced by Rep. Lynn Woolsey (D-Ca.) would amend the Family and Medical Leave Act (FMLA) by extending coverage to domestic partners, and permitting leave to be taken to address acts of domestic violence, sexual assault and stalking. The Domestic Violence Leave Act (H.R. 2515) would authorize FMLA leave to be taken on behalf of oneself or for a family member to seek medical attention, legal assistance, and psychological counseling for, or recovery from injuries caused by, domestic violence, sexual assault or stalking. Leave could also be taken to participate in safety planning or any other activity necessitated by the above factors that must be undertaken during work hours. Under the terms of this bill, an employer may seek certification that the employee is legitimately taking FMLA leave for the reasons outlined in the Act. A similar bill recently introduced in the House and Senate – the Healthy Families Act – would provide paid leave to employees affected by acts of domestic violence, sexual assault or stalking.

The second portion of the Domestic Violence Leave Act would amend the language of the FMLA by including the phrase “or domestic partner” in every instance where “spouse” is mentioned. Federal employees would also be covered by this bill.

This legislation has been referred to the House Committees on Education and Labor, Oversight and Government Reform, and House Administration.
 

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.