S. 4635 — 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 so they can assist employers, labor organizations, or employees. It also limits the Attorney General to using no more than 2.5 percent of appropriated funds for grant administration and monitoring and no more than 5 percent for program evaluations.

This section requires employers to provide each employee with at least 40 work days of safe leave in a 12-month period, of which at least 10 workdays must be paid, for specified purposes related to a qualifying act of domestic violence, dating violence, sexual assault, or stalking affecting the employee or a family or household member. It permits intermittent or reduced-schedule use in addition to Family and Medical Leave Act leave, bars payout of unused paid leave upon separation, requires reinstatement of earned paid leave if the employee is rehired within 12 months, and establishes 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 by discharging or discriminating against them for requesting or taking such leave or using it as a negative factor in employment decisions. It establishes a rebuttable presumption of retaliation for any adverse action taken within the 12-month period after an employee takes 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 that violate sections 201 or 202, allowing affected individuals to recover the greater of $1,000 or actual losses plus interest and liquidated damages, plus equitable relief including reinstatement. It authorizes the Secretary of Labor to 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, with actions subject to a 2-year limitations period (3 years for willful violations of section 202).

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 that leave for an equivalent period of leave provided under section 201 for a qualifying act of violence.

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

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

This section defines terms for this title, including "discriminate" as an employer's or public agency's failure to implement requested safety procedures or job modifications for individuals facing qualifying acts of violence unless they impose undue hardship, "reasonable accommodation" as job-related modifications to address such violence impacts, and related terms such as board, commission, covered family or household member, employee, employer, qualified employee, 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 employment terms, and from denying reasonable accommodations or requiring leave instead. It bars public agencies from reducing or terminating public assistance benefits on the same grounds. Employers must engage in an interactive process for accommodations, face a rebuttable presumption of violation for adverse actions within 12 months after leave use, accept specified forms of certification, and maintain strict confidentiality of related information.

This section provides the powers, remedies, and procedures from Title VII of the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, chapter 5 of title 3, 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 incorporates costs and fees under 42 U.S.C. 1988 and damages under 42 U.S.C. 1981a, subject to existing limitations.

This section requires the Equal Employment Opportunity Commission to issue regulations implementing this title. It requires the Office of Congressional Workplace Rights Board to issue parallel regulations for employees described in section 302(5)(B) within 6 months after the Commission acts, following modified procedures under the Congressional Accountability Act of 1995 and permitting modifications for good cause shown.

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, if supported by a sworn statement, police or court record, documentation from a medical, legal, religious, or victim services professional, or other evidence deemed sufficient by the state, along with an attestation. It mandates training for unemployment claims reviewers and hearing personnel on identifying and adjudicating such claims while maintaining confidentiality. It also authorizes the Secretary of Labor to award grants to victim services organizations for developing model training programs, with appropriations authorized for FY2027, and preserves any more protective state laws.

This section provides that if any provision of this Act or any amendment made by this Act is held unconstitutional, the remainder of the Act and amendments, and their application to any person or circumstance, remain in effect.