What does Preamble of SAFE for Survivors Act of 2026 do?

This bill is formally titled 'To promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.'

What does FINDINGS. of SAFE for Survivors Act of 2026 do?

This section outlines findings related to gender-based violence, including domestic and sexual violence, in the United States. The findings highlight the prevalence of such violence, its impact on survivors' physical and emotional health, financial security, and ability to maintain employment. Economic abuse, defined as controlling a partner's access to financial resources, is identified as a significant aspect of violence, particularly in teen dating violence. The text notes that workplace violence, including domestic violence, is a serious issue, contributing to lost productivity and, in some cases, workplace homicides. Current federal law does not explicitly address several needs of survivors, including job protection, unemployment compensation eligibility, leave for safety planning, and protections against insurance discrimination. The stated aim of the Act is to empower survivors of domestic violence, dating violence, sexual assault, or stalking to be free from violence and control.

What does DEFINITIONS. of SAFE for Survivors Act of 2026 do?

This section defines terms used throughout the Act. “Communication of an intimate visual depiction” includes the transmission, dissemination, or receipt of an intimate visual depiction without consent. “Intimate visual depiction” includes photographs, videos, or deepfakes depicting sexual activity or intimate body parts. “Consent” requires an affirmative, conscious, and voluntary authorization. Terms like 'dating violence,' 'sexual assault,' and 'stalking' are defined according to the Violence Against Women Act of 1994. A 'domestic partner' is an individual in a committed relationship sharing responsibility for each other's welfare. “Family or household member” includes individuals related by blood or affinity with whom the individual has a close association equivalent to a family relationship. “Qualifying act of violence” encompasses domestic violence, sexual assault, stalking, and other forms of gender-based violence or harassment. “Victim of a qualifying act of violence” includes individuals who have experienced or are experiencing such acts, as well as those whose family members have.

What does RULE OF CONSTRUCTION REGARDING MORE PROTECTIVE LAWS, of SAFE for Survivors Act of 2026 do?

This section establishes a rule of construction stating that the Act should not be interpreted to invalidate existing laws, agreements, or programs. Specifically, the Act does not supersede provisions providing greater leave rights for victims of violence than those established by the Act. The Act also does not supersede provisions offering leave benefits to a larger population of victims than those covered by the Act.

What does ARBITRATION. of SAFE for Survivors Act of 2026 do?

This section addresses arbitration agreements related to claims arising from titles II, III, or V of this Act. Predispute arbitration agreements and predispute joint-action waivers relating to these claims are not valid or enforceable. The determination of whether titles II, III, or V apply to a dispute will be made under federal law by a court, not an arbitrator. A court will determine the validity and enforceability of agreements to arbitrate that fall under titles II, III, or V, regardless of how the agreement is challenged or whether it attempts to delegate such determinations to an arbitrator.

What does GRANT PROGRAM REAUTHORIZATION. of SAFE for Survivors Act of 2026 do?

This section reauthorizes a grant program under the Violence Against Women Act of 1994. It amends section 41501(a) to expand the recipients of information and assistance to include victim services organizations, community based organizations, and Tribal, State, and territorial domestic violence or sexual assault coalitions. The amendment to section 41501(a) allows these organizations and coalitions to provide resource materials or other assistance to employers, labor organizations, or employees. It adds a subsection (h) to section 41501 regarding administrative costs. The Attorney General is limited to using no more than 2.5 percent of appropriated funds for the administration and monitoring of grants. The Director of the Office on Violence Against Women is limited to using no more than 5 percent of appropriated funds to award contracts for program evaluations.

What does ENTITLEMENT TO SAFE LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, of SAFE for Survivors Act of 2026 do?

This section establishes entitlement to safe leave for employees experiencing domestic violence, dating violence, sexual assault, or stalking. Employers must provide each employee with at least 40 work days of safe leave in a 12-month period, with a minimum of 10 paid workdays. Safe leave can be used for purposes such as seeking counseling, relocation, legal assistance, medical attention, or childcare. Employees can request safe leave orally or in writing, and employers may require certification for absences exceeding three workdays. Certification can include sworn statements, documentation from victim services professionals, police records, or court orders. Employers are limited in the information they can request and must maintain strict confidentiality regarding employee information and the fact that leave is related to a qualifying act of violence. Upon return from safe leave, employees are generally entitled to be restored to their original position or an equivalent one. Employers must maintain group health plan coverage for employees during their safe leave period.

What does PROHIBITED ACTS. of SAFE for Survivors Act of 2026 do?

This section prohibits interference with rights provided under section 201. It is unlawful to retaliate against an individual for requesting, indicating an intent to request, or taking safe leave. Using an employee's request for or use of safe leave as a negative factor in an employment action is prohibited. An adverse action within 12 months of an employee taking eligible leave creates a rebuttable presumption of retaliation. Employers cannot discriminate against individuals for opposing practices made unlawful by section 201. It is unlawful to discriminate against an individual for filing a charge or initiating a proceeding related to section 201. Discrimination against an individual who provides information or testifies in connection with inquiries or proceedings relating to rights under section 201 is prohibited.

What does ENFORCEMENT. of SAFE for Survivors Act of 2026 do?

This section establishes enforcement mechanisms for violations of sections 201 and 202. Affected individuals may bring a civil action against employers for damages, including lost compensation, interest, and liquidated damages. The court may reduce liquidated damages if the employer proves good faith and reasonable grounds for believing the act was not a violation. Plaintiffs may seek equitable relief such as employment, reinstatement, and promotion. The Secretary of Labor can investigate complaints and bring civil actions to recover damages. Recovered sums are held in a special deposit account and paid to affected individuals, with any remaining funds deposited into the Treasury after three years. Employers violating sections 201 or 202 are subject to civil monetary penalties of $1,000 per violation. Actions may be brought within two years of the last violation, or three years for willful violations of section 202. The Secretary of Labor can seek injunctions to restrain violations and withholdings of compensation. The authority of the Secretary of Labor to enforce this title is delegated to various administrative officers depending on the type of employee involved (e.g., the Board of Directors of the Office of Congressional Workplace Rights, the President, the Merit Systems Protection Board).

What does EXISTING LEAVE USABLE FOR A QUALIFYING ACT OF VIOLENCE. of SAFE for Survivors Act of 2026 do?

This section allows employees to substitute existing leave for leave provided under section 201. Eligible leave includes paid or unpaid leave from employment. Sources of eligible leave include federal, state, local laws, collective bargaining agreements, and employment benefits programs or plans. Examples of qualifying leave include family, medical, sick, annual, personal, or similar leave.

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SAFE for Survivors Act of 2026

Last updated: 5/21/2026 · Introduced: 5/21/2026

Author: Debbie Dingell (D-MI)

TL;DR (AI)

This bill establishes a minimum of 40 workdays of safe leave for employees experiencing domestic violence, dating violence, sexual assault, or stalking, including at least 10 paid workdays.
It prohibits employers from retaliating against employees for requesting or taking safe leave, establishing a presumption of retaliation if an adverse action occurs within 12 months of leave usage.
The bill reauthorizes and expands a grant program under the Violence Against Women Act, allowing victim services organizations and coalitions to provide resources to employers, labor organizations, and employees.
It prevents arbitration agreements from being enforced in claims arising from certain provisions of the Act, ensuring court determination of their validity.
The bill prohibits insurers from discriminating against individuals based on their status as a victim of a qualifying act of violence or their relationship to such a victim, including denying or limiting claims related to these acts.

119th Congressin committeeS. 4635(In Committee)Official page

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