Overview
- Bill: HR 8965 (SAFE for Survivors Act of 2026)
- Purpose: Promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, stalking, and related forms of gender-based violence. Establishes leave rights, employment protections, unemployment benefits access, insurance considerations, and survivor-focused supports.
- Status: Introduced May 21, 2026; referred to multiple committees.
Key Provisions by Title
Title I — Reauthorization of National Resource Center Grants on Workplace Responses to Assist Victims of Domestic and Sexual Violence
- Reauthorizes and expands grant activities to include victim services organizations (VSOs) and tribal, state, and territorial coalitions.
- Allows VSOs and coalitions to provide materials and assistance to employers, labor organizations, and employees.
- Adds administrative cost controls:
- caps on administration/monitoring at 2.5% of applicable funds
- up to 5% of funds for evaluation contracts with experienced evaluators
Title II — Safe Leave for Addressing Qualifying Acts of Violence
- Entitlement: Employers must provide each employee at least 40 workdays of safe leave per 12 months; at least 10 of those days must be paid. Leave can be intermittent and used in addition to FMLA and other standards.
- Uses: Leave may be used for counseling, relocation, seeking services, legal proceedings, medical care, funeral/mourner duties, child/dependent care, financial services, obtaining benefits, accessibility accommodations, and other steps to protect or restore well-being.
- Certification: For leave longer than 3 workdays, employers may require certification (sworn statement, professional verification, police records, court orders, etc.). Protections to limit disclosure of victim details and to verify relationship to the victim.
- Confidentiality and Non-Disclosure: Strict confidentiality provisions for information related to leave and the victim; health information retained separately and protected.
- Job/Benefits Protection: On return, employees must be restored to their prior position or an equivalent one with identical pay/benefits; no loss of pre-existing employment benefits; possible periodic status reporting to employer.
- Maintenance of Health Coverage: Health benefits must continue during safe leave at the same level as if the employee remained employed.
Title III — Survivors' Employment Sustainability
- Establishes enforcement and anti-discrimination protections for survivors in employment contexts.
- Defines reasonable accommodations to enhance safety and participation in work, including safety measures, transfers, flexible schedules, confidentiality, and other adjustments.
- Prohibits discrimination based on status as a survivor or related to seeking/receiving accommodations; outlines processes for interactive accommodation discussions.
Title IV — Entitlement to Unemployment Compensation for Victims of a Qualifying Act of Violence
- Provides unemployment compensation eligibility or access for victims of qualifying acts of violence (details in text outline).
Title V — Insurance Protections and Support for Victims of a Qualifying Act of Violence
- Subtitle A — Insurance Protections
- Defines protections against discriminatory insurance practices related to victims.
- Establishes protocols for insurers and prohibitions on certain adverse actions.
- Addresses life insurance considerations and prohibitions on certain forms of subrogation without consent.
- Subtitle B — Supporting and Empowering Victims
- Education and information programs for victims
- Investment in public health infrastructure to support victims
Title VI — Severability
- Standard severability clause (if any provision is invalid, the rest remain in effect).
Definitions (Key Terms)
- Qualifying Act of Violence: Domestic violence, family violence, sexual assault/harassment, stalking, dating violence, trafficking, communication of an intimate visual depiction, and other gender-based violence or harassment.
- Victim/Survivor: A person who experienced a qualifying act of violence or a family/household member of such a person.
- Domestic Violence/Family Violence/Gender-Based Violence: As defined by relevant federal law (e.g., Violence Against Women Act, Family Violence Prevention and Services Act, ADA references).
- Reasonable Accommodation: Job-related modifications to address impacts of violence and enhance safety (e.g., scheduling changes, transfers, confidentiality measures, safety protocols).
Procedural and Timeline Aspects
- Coverage Triggers: Applies to employers and employees under Title II; leave entitlements, protections, and enforcement outlined in that title.
- Arbitration: Prohibits predispute arbitration/joint-action waivers for disputes arising under Titles II, III, or V; determinations to apply under Federal law with court oversight.
- Enforcement:
- Private right of action for employees for Title II and Title III protections; damages, reinstatement, and attorney fees outlined.
- Secretary of Labor enforcement pathway for Title II/III/IV provisions; civil actions and penalties (including damages to affected individuals and penalties to employers).
- Administrative Implementation: Department of Labor to promulgate regulations; employers must post notice about the protections and filing processes.
- Existing Leave: Employee may substitute existing paid/unpaid leave under other laws for SAFE leave if applicable.
- Emergency Benefits: States may use certain Social Security Act funds for short-term emergency benefits related to SAFE leave.
- Effective Date: Not explicitly stated in the excerpt; regulatory timeline would follow after enactment.
Who Is Affected
- Employees who are victims of qualifying acts of violence or have family/household members who are victims.
- Employers and public agencies (including state and local entities, and congressional workplaces in applicable sections).
- Victim Services Organizations, tribal/state coalitions, and employers offering or administering employment benefits.
- Unemployment programs and public assistance agencies may be affected by changes to eligibility and procedures.
- Health insurers and life insurers may face new protections and protocols.
Potential Impacts
- Increased job protections and paid/unpaid safe leave for victims, improving economic stability and safety.
- Confidentiality safeguards to protect victims in the workplace.
- Employer obligations to provide accommodations and non-discriminatory practices related to violence-related needs.
- Expanded enforcement mechanisms with potential monetary damages and penalties for violations.
- Support for victims through targeted resources, training, and public health investments.
If you’d like, I can tailor this into a voter-facing summary with a one-page brief, a quick FAQ, or a comparison to existing law (e.g., FMLA, anti-discrimination provisions) for a specific audience.
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