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EMPLO DOMES

Several states have enacted laws that and stalking) time off from work to employment discrimination related t that have not passed domestic violen prohiit an employer from firing cri !n addition to rights under these stat take leave under the federal "amily a more on "#$% protections, see $eg "amily #emers.* !n certain circum further guidance on those rights, ple uestions and %nswers0 The %ppli 2omestic or 2ating 1iolence, Sexual stalking who is fired or otherwise dis or wrongful discharge laws. "or mor 2iscrimination %gainst %used 3o This guide is divided into two main s proposed legislation on this topic. + domestic violence and those laws or

Domestic and Se!a" Vio"ence E CALIFORNIA(

al. $a. ode 44 %n employer may not discharge or d violence or sexual assault for taking t relief to help ensure his or her health employer reasonale notice unless ad provide documents or other certifica assault. The employer is also reuire reuesting such leave. !n addition, e retaliate against an employee who is medical attention, otain services fro psychological counseling, participate discharged for exercising his or her ri lost wages and enefits. The provisiounpaid leave that exceeds the amoun "#$% (which permits up to :5 week

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YMENT RIGHTS FOR VICTIM TIC OR SEXUAL VIOLENCE

provide domestic violence victims (and in some states ddress the violence in their lives and/or that protects the violence. The details of each state’s laws vary sig ce leave laws have paid sick leave laws or crime victim e victims who take time off from work to appear in laws, victims of domestic violence, stalking, or sexua d #edical $eave %ct ("#$%) or under comparale s al #omentum’s &now 'our ights guide #edical $ tances, employees may also have additional rights un se see +ual +mployment -pportunity ommission’ ation of Title 1!! and the %2% to %pplicants or +m %ssault, or Stalking .* $astly, a victim of domestic vio criminated against at work may also have rights under information, see $egal #omentum’s &now 'our i en.* ections. The first section outlines existing laws. The ach of these sections is further divided into those law ills that relate to crime victims more generally.

STATE AND COUNTY LA)S #"o$ment Ri%&ts La's

67 ; 567.:< al. $a. ode 44 5=9>5=? ; 5@:7.9. scriminate or retaliate against an employee who is a vi ime off to otain or attempt to otain a restraining or , safety, or welfare or that of his or her child. The em vance notice is not feasile. The employer may reuir ion verifying that the employee was a victim of dome , to the extent allowed y law, to maintain the confid ployers with 59 or more employees may not discharg victim of domestic violence or sexual assault for taki m a domestic violence shelter or program or rape cris in safety planning, or relocate. %n employee who is di ghts under this law may e entitled to reinstatement a ns applying to larger employers do not create a right f t of leave allowed under, or is in addition to leave per s of leave).

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, victims of sexual assault victims from ificantly. Some states protection laws that riminal court. l assault may e ale to tate or local laws. "or ave for Survivors and er the federal law. "or s pulication titled loyees 3ho +xperience lence, sexual assault or sex discrimination laws hts guide +mployment

second section outlines or ills specific to ctim of domestic er or any other 8udicial loyee must give the e that the employee stic violence or sexual ntiality of an employee e or discriminate or g time off to seek s center, otain scriminated against or nd reimursement for or employees to take itted y, the federal

$egal #omentum State $aw Auide +mployment ights B updated Septemer 57:9 5

!n Canuary 57:=, the legislature passed and enacted S.D. =77, which amends al. $a. ode 44 567 ; 567.: to prohiit employers from retaliating against victims of domestic violence who take time off to encompass victims of stalking. "urther, it prohiits employers from discharging, discriminating against or refusing to rehire an employee ecause of the employee’s status as a victim of domestic violence, sexual assault or stalking. ualifying employees are entitled to reasonale accommodations such as transfer, reassignment or modified schedule unless providing such accommodation would inflict undue hardship on the employer’s usiness operations. +mployers are entitled to seek certification oth to confirm that the accommodation is for an authoriEed purpose and to ascertain that the employee is indeed a victim of domestic violence, sexual assault or stalking. %dditionally, employers are also permitted to reuire recertification every six months. %ny documentation provided to fulfill the certification reuirement must e kept confidential excepting circumstances where the disclosure is necessary to comply with the federal or state law or to protect the employee’s safety in the workplace. +mployees are entitled to a notice in advance of any authoriEed disclosure. %ggrieved employees can sue their employers in the civil court. !f they prevail, they can recover attorney’s fees and court costs. +ffective Culy :, 57:9, employers must provide paid sick time for their employees at the rate of one hour per each 67 hours worked. +mployees who are victims of domestic violence, sexual assault or stalking may use paid sick time for any of the authoriEed purposes noted aove. %dditionally, employees may use paid sick time for an authoriEed purpose if the victim is a close family memer, such as a child< parent< spouse< registered domestic partner< grandparent< grandchild< or siling. +mployers are prohiited from discriminating against employees who exercise their right to paid sick time. Fowever, employers may limit use of paid sick time to 5= hours or 6 days for each year of employment, calendar year, or on :5>month asis. +mployees are entitled to notice of their right to paid sick time.

COLORADO(

olo. ev. Stat. 4 5=>6=>=75.G H

on the left hand side, click on the Colorado Revised Statutes, then Title 24, Principal Departments, rticle !4, Part 4, then scroll down to 24"!4"4#2$%

I +mployers who employ 97 or more employees must permit an employee of twelve months or more who is a victim of domestic ause, sexual assault, stalking, or other domestic violence>related crimes to take up to three days of leave per calendar year to seek a restraining order< otain medical care or counseling< locate safe housing or make her home secure< or seek legal assistance and prepare for or attend court>related proceedings. Jrior to taking this leave, the employee must exhaust annual, vacation, personal leave, and sick leave, unless the employer waives this reuirement. The employee shall provide appropriate advance notice except in cases of imminent danger to the health or safety of the employee* and may e reuired to provide documentation. The employer cannot discriminate against or take retaliatory action against an employee who exercises these rights.

CONNECTICUT(

on. Aen. Stat. 4 6:>9:ss amending previous onn. Aen. Stat. 4 9=>@9.

Droadens the previous crime victim leave statute to prohiit an employer with three or more employees from terminating or penaliEing an employee ecause the employee is a victim of family violence, or attends or participates in a court proceeding related to a civil family violence case. The law also reuires employers to allow family violence victims to take paid or unpaid leave (limited to :5 days per calendar year) during any calendar year in which such leave is reasonaly necessary* to (:) seek medical or psychological care or counseling< (5) to otain services from a victim services organiEation< (6) to relocate due to the violence< or (=) to participate in a civil or criminal proceeding related to the violence. %n employer may reuest that the employee provide a signed written statement certifying that the leave is for a purpose authoriEed y the statute. The employer may also reuest that the employee provide a police or court record related to the family violence, a signed written statement from a victim services organiEation, attorney, the -ffice of 1ictim Services or the -ffice of the 1ictim %dvocate, or a medical or other professional from whom the employee has sought assistance with the family violence. %ny such documentation shall e maintained as confidential and shall not e disclosed y the employer, unless as reuired y law or as necessary to protect the employee’s safety in the workplace, provided the employee is given prior notice of the disclosure.

T&is c&an%e is e**ecti+e Octo,e- ./ 01.12 DELA)ARE(

to e codified as0 2el. ode Tit. :?, h. G, 4 G:7 +ffective 2ecemer 67, 57:9, employers are prohiited from discriminating against victims of domestic violence, sexual assault or stalking. +mployees must verify that they are victims of one of the ualifying crimes y either an

$egal #omentum State $aw Auide +mployment ights B updated Septemer 57:9 6

official document, such as a court order, or y a reliale third>party professional, such as a law enforcement agency or office, a domestic violence counselor, or a health care provider. !n addition, employers must reasonaly accommodate known limitations related to the employee’s status as a victim of domestic violence, sexual assault, or stalking. +xamples of reasonale accommodations include changes in the schedule or 8o duties. +mployers need not provide the accommodation if doing so would impose an undue hardship on their usiness.

DISTRICT OF COLUM3IA

00 2.. ode 44 65>:6:.7:, 65>:6:.75, 65>:6:.76 ; 65.:6:.7= H

t&pe '!2"(!($#() in the search *o+ and click click on the result '!2"(!($#($) Do the same for the remainin- three provisions$

I This law provides employees with paid leave that may e used for an asence resulting from the medical condition of the employee or employee’s family memer< for otaining professional medical diagnosis or care for the employee or employee’s family memer< where the employee or employee’s family memer is the victim of domestic violence, sexual ause, or stalking, and the asence is directly related to social or legal services pertaining to the violence, such as seeking medical attention, otaining services from a victim services organiEation, otaining psychological or other counseling, temporarily or permanently relocating, taking legal action, or other actions to enhance the health or safety of the employee or family memer. %n employer with :77 or more employees is to provide one hour of paid leave for every 6G hours worked, not to exceed seven days per calendar year< an employer with 59>?? employees shall provide one hour of paid leave for every =6 hours worked, not to exceed five days per calendar year< and an employer with 5= or fewer employees shall provide one hour of paid leave for every @G hours worked, not to exceed three days per calendar year. There is a notice and certification reuirement.

FLORIDA(

"la. Stat. 4 G=:.6:6. +mployees who work for employers with 97 or more employees may reuest and take up to three working days of leave in any :5>month period if the employee or family or household memer of the employee is a victim of domestic or sexual violence. The leave may e used to0 seek an in8unction for protection against domestic violence, dating violence, or sexual violence< otain medical care or mental health counseling for the employee or family/household memer< otain services from a victim>service organiEation< make the employee’s home secure from the perpetrator or seek new housing< or to seek legal assistance or to attend and prepare for court>related proceedings. The leave may e unpaid at the employer’s discretion. % private employer must keep all information relating to the leave confidential. Jersonal identifying information contained in records documenting domestic or sexual violence, sumitted to an agency y an employee of that agency in order to otain leave, is to e confidential. The reuest for leave will remain exempt from disclosure until one year after the leave has een taken. These confidentiality provisions will expire on -ctoer 5, 57:6 unless the "lorida $egislature saves them through reenactment. %s of Cune 57:6, hapter Ko. 57:6>5:9 amended "la. Stat. G=:. 6:6 to eliminate the scheduled repeal of the statute’s confidentiality provisions. Doth provisions were scheduled to e repealed on -ctoer 5, 57:6, ut this amendment extended them indefinitely past that date.

FLORIDA/ Miami4Dade Co!nt$

0 #iami>2ade ty., "la. ode. 44 ::%>L7 >>LG H

click on 'Part ... / Code of 0rdinances) on the left"hand side and scroll down to rticle 1...

. This county law entitles domestic violence victims to up to 67 days of unpaid leave during any :5>month period for medical or dental care, legal assistance, court appearances, counseling or supportive services, or any other arrangements needed ecause of domestic violence. This law includes leave to otain orders of protection and for divorce, child custody and child support proceedings. The employee is reuired to exhaust all paid vacation and personal leave prior to taking leave under this provision, ut the employee is entitled to her old position or an euivalent position when she returns from leave. The employer may reuest certification from a health care provider, attorney of record, counselor, law enforcement agency, clergy, or domestic violence service provider that the employee is eing su8ected to domestic or repeat violence and needs time off* for one of the permitted reasons. The employer cannot discriminate against or take retaliatory action against an employee who exercises these rights.

GUAM

0 Auam ode %nn. 55>6>6=7: through 55>6>6=79 H

click on Title 22 scroll down to the *ottom of the pa-e and click on Chapter ! titled 3air La*or Standards scroll down to rticle 4 on pa-e 2! to find relevant provisions

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