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S. 3396IntroducedSenate · nowHousePresidentLawIn committee
Sec. 113 · S. 3396

Right to request and receive temporary changes to scheduled work hours due to personal events

Title I — Domestic employee rights and protections › Subtitle B — Domestic employee rights

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(a) Definitions In this section: (1) Covered domestic employee The term covered domestic employee has the meaning given the term in section 110(a). (2) Domestic violence The term domestic violence has the meaning given the term in section 111(a). (3) Personal event The term personal event, with respect to a covered domestic employee, means— (A) an event resulting in the need of the covered domestic employee to serve as a caregiver for an individual related to the covered domestic employee by blood or affinity or whose close association with the covered domestic employee is the equivalent of a family relationship; (B) an event resulting from the obligation of a covered domestic employee to attend a legal proceeding or hearing for subsistence benefits, including benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or under a State program for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), to which the employee, or an individual related to the employee as described in subparagraph (A), is a party or witness; or (C) any circumstance that would constitute a basis for permissible use of safe time or family, medical, or sick leave, as determined based on the policy of the employer of the covered domestic employee. (4) Safe time The term safe time, with respect to a covered domestic employee, means an absence from work of the employee resulting from domestic violence, sexual assault, or stalking, if the absence is to— (A) seek medical attention for the employee or a child, parent, spouse, or domestic partner of the employee, or any other individual related to the employee by blood or affinity whose close association with the employee is the equivalent of a family relationship, in order to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph (A) in obtaining, services from a victim services organization; (C) obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph (A) in obtaining, psychological or other counseling; (D) seek relocation for the employee or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A); or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking, of the employee or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A). (5) Scheduled work hours The term scheduled work hours has the meaning given such term in section 112(a), except that references in such section to the term domestic employee shall be deemed to be a reference to the term covered domestic employee. (6) Sexual assault; stalking The terms sexual assault and stalking have the meanings given such terms in section 111(a). (7) Temporary change The term temporary change, with respect to a change in the scheduled work hours of a covered domestic employee, means a limited alteration in the hours or dates that, or locations where, the covered domestic employee is scheduled to work, including such an alteration involving using paid time off, trading work hours with another individual, shifting work hours, or using short-term unpaid leave. (b) Request (1) In general In accordance with this subsection, for each calendar year, an employer shall, upon request of a covered domestic employee of the employer, grant to the covered domestic employee not less than— (A) 2 requests for a temporary change, covering not more than 1 work day per request, to the scheduled work hours of the employee due to a personal event; or (B) 1 request for a temporary change, covering not more than 2 work days, to the scheduled work hours of the employee due to a personal event. (2) Notification of request (A) In general A covered domestic employee who requests a temporary change to the scheduled work hours of the employee due to a personal event under this subsection shall— (i) notify the employer or direct supervisor of such employee, as soon as the employee becomes aware of the need for the temporary change and inform the employer or supervisor that the change is due to a personal event; and (ii) unless the employee seeks leave without pay, make a proposal regarding how the covered domestic employee will make the temporary change to the scheduled work hours of the employee (such as by using the any earned paid time off of the covered domestic employee or by trading work hours). (B) Format of notification A notification under subparagraph (A)(i) need not be in writing. (c) Effective date This section shall take effect on the date that is 2 years after the date of enactment of this Act.

Sec. 113: Right to request and receive temporary changes to scheduled work hours due to personal events · Public Law Tracker