H.R. 8965 — SAFE for Survivors Act of 2026

This section expands the national resource center on workplace responses to domestic and sexual violence to provide information and assistance to victim services organizations (as defined in section 3 of the SAFE for Survivors Act of 2026), including community-based organizations, and to Tribal, State, and territorial domestic violence or sexual assault coalitions. It caps administrative and monitoring costs at 2.5 percent of appropriated funds and evaluation costs at 5 percent.

This section requires employers to provide each employee at least 40 workdays of safe leave in a 12-month period, of which at least 10 days must be paid, for absences due to domestic violence, dating violence, sexual assault, or stalking affecting the employee or a family or household member. It lists 12 permitted uses, allows intermittent or reduced-schedule leave in addition to FMLA, bars payout of unused paid leave upon separation, mandates reinstatement of earned paid leave upon rehire within 12 months, and sets request and certification procedures that limit required information to the minimum necessary.

This section prohibits employers from interfering with, restraining, denying, or retaliating against individuals exercising rights to safe leave under section 201, including through discharge, discrimination, or using leave requests as a negative factor in employment decisions. It creates a rebuttable presumption of retaliation for any adverse action taken against an employee in the 12 months after taking eligible leave and bars discrimination against individuals who oppose unlawful practices or participate in related proceedings or inquiries.

This section establishes civil liability for employers violating sections 201 or 202. Affected individuals may recover the greater of $1,000 or lost wages and benefits, plus interest and liquidated damages, plus equitable relief such as reinstatement, in federal or state court, with attorney fees and costs awarded to prevailing plaintiffs. The Secretary of Labor may investigate complaints in the manner of Fair Labor Standards Act sections 6 and 7, recover damages, impose $1,000 civil penalties per violation, and seek injunctions, subject to a 2-year statute of limitations (3 years for willful violations).

This section permits employees entitled to paid or unpaid leave under federal law (including the Family and Medical Leave Act), state or local law, collective bargaining agreements, or employment benefit plans to substitute an equivalent period of that leave for leave provided under section 201 for a qualifying act of violence.

This section permits states to use Temporary Assistance for Needy Families funds to provide nonrecurrent short-term emergency benefits to individuals taking leave under section 201. It bases eligibility solely on cash available or accessible to the individual and requires states to issue benefits within seven days of application.

This section directs the Secretary of Labor to issue regulations implementing the title, including a requirement that employers post notices summarizing its provisions and procedures for filing complaints. It further directs other administrative officers to promulgate consistent regulations for their respective employees.

This section provides definitions for terms used in the title, including the Board under the Congressional Accountability Act of 1995, the Equal Employment Opportunity Commission, covered family or household members who have experienced a qualifying act of violence, and discrimination by employers or public agencies that fails to implement requested safety procedures or reasonable accommodations unless they impose an undue hardship. It also defines employees, employers, qualified employees, reasonable accommodations, and undue hardship.

This section prohibits employers from discriminating against individuals perceived as victims of qualifying acts of violence in hiring, discharge, compensation, or other terms of employment, and from failing to provide reasonable accommodations or engaging in an interactive process. It bars public agencies from denying or reducing benefits on the same basis. Employers must keep related information confidential, may require certification through specified forms such as sworn statements or police records, and face a rebuttable presumption of violation for adverse actions taken within 12 months after an employee uses leave.

This section applies the powers, remedies, and procedures of Title VII of the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, chapter 5 of title 3 of the United States Code, the Government Employee Rights Act of 1991, and section 717 of the Civil Rights Act of 1964 to enforce violations of section 303(a) or (c) against covered employees. It also incorporates the cost, fee, and damages provisions of 42 U.S.C. 1988 and 1981a, subject to the limitations in section 1977A(b)(3).

This section directs the Equal Employment Opportunity Commission to issue regulations carrying out the title. It requires the Office of Congressional Workplace Rights Board to issue parallel regulations for covered congressional employees within 6 months after the Commission acts, matching the Commission's regulations except where the Board determines a modification is more effective for good cause.

This section requires states to provide unemployment compensation to individuals who voluntarily separate from work due to being a victim of a qualifying act of violence. It deems sufficient documentation to include a sworn statement with identification, police or court records, or documentation from medical, legal, religious, or victim services professionals, along with an attestation. It requires states to notify applicants of the new eligibility rules and train claims reviewers and hearing personnel on identifying and protecting confidentiality of such claims. It also authorizes the Secretary of Labor to award grants to victim services organizations to develop model training programs, with appropriations authorized for FY2027 and unused funds returned after three years.

This section provides that if any provision of the Act or amendment made by the Act is held unconstitutional, the remainder of the Act and its amendments remain in effect.