Safe Leave for Victims of Domestic Violence, Sexual Assault, and Stalking Act

“(C) Meet needs relating to being a victim of dating violence, domestic violence, sexual assault, sex trafficking, or stalking—An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subparagraph (F) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.”

“(g) Certification relating to being a victim of dating violence, domestic violence, sexual assault, sex trafficking, or stalking

“(1) Subject to paragraph (2), an employer may require that a request for leave under section 102(a)(1)(F) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.

“(2) In the case of an employee requesting leave under section 102(a)(1)(F) who has not yet received a certification as described under paragraph (1), such employer shall accept a sworn statement on a form prescribed by the Secretary that such employee has requested such certification.”

“(20) Dating violence—The term “dating violence” means violence committed by a person—

“(A) who is or has been in a social relationship of a romantic or intimate nature with the employee; and

“(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

“(i) The length of the relationship.

“(ii) The type of relationship.

“(iii) The frequency of interaction between the persons involved in the relationship.

“(21) Domestic violence—The term “domestic violence” includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the employee under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over an employee, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who—

“(A) is a current or former spouse or intimate partner of the employee, or person similarly situated to a spouse of the employee;

“(B) is cohabitating, or has cohabitated, with the employee as a spouse or intimate partner;

“(C) shares a child in common with the employee; or

“(D) commits acts against a youth or employee who is protected from those acts under the family or domestic violence laws of the jurisdiction.

“(22) Family member—The term “family member” means a spouse, son, daughter, parent, or next of kin.

“(23) Sex trafficking—The term “sex trafficking” means any conduct proscribed by section 1591 of title 18, whether or not the conduct occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.

“(24) Sexual assault—The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, Tribal, or State law, including when the employee lacks capacity to consent.

“(25) Stalking—The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

“(A) fear for his or her safety or the safety of others; or

“(B) suffer substantial emotional distress.”