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SUBJECT:
Time off due to domestic violence or sexual assault |
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| 2.0 |
EFFECTIVE DATE:
January 1, 2007 |
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DISTRIBUTION:
State HR Directors |
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| 4.0 |
FROM: George
Vega, Director DATE:
January 1, 2007 |
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| 5.0 |
PURPOSE:
This Bulletin is being issued in order to implement the provisions of
2006 Senate Substitute for House Bill 2928 which contains protections
for employees who are victims of domestic violence or sexual assault.
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| 6.0
| BACKGROUND:
In the 2006 Legislative Session, the Legislature passed Senate Substitute
for House Bill 2928 which deals primarily with establishing substitute
addresses for victims of domestic violence, sexual assault, stalking and
human trafficking so that public records cannot be used to locate these
victims. The final two sections of the bill provide protections with respect
to the employment of individuals who are victims of domestic violence
or sexual assault.
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| 7.0 |
PROCEDURES: |
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| 7.1 |
For the purposes of this Bulletin;
a) “domestic violence” means abuse as defined in K.S.A.
60-3102, and amendments thereto; and
b) “sexual assault” means any crime defined in K.S.A.
21-3502 (rape), 21-3503 (indecent liberties with a child), 21-3504 (aggravated
indecent liberties with a child), 21-3505 (criminal sodomy), 21-3506
(aggravated criminal sodomy), 21-3602 (incest), or 21-3603 (aggravated
incest), and amendments thereto.
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| 7.2 |
Employees who are victims of either domestic
violence or sexual assault may not be discharged, discriminated or retaliated
against in any way for taking time off work to:
a) Obtain or attempt to obtain any relief, including,
but not limited to, a temporary restraining order, restraining order
or any other injunctive relief to help insure the health, safety or
welfare of the victim or the victim’s child or children;
b) Seek medical attention for injuries caused by domestic
violence or sexual assault;
c) Obtain services from a domestic violence shelter,
domestic violence program or rape crisis center as a result of domestic
violence or sexual assault; or
d) Make court appearances in the aftermath of domestic
violence or sexual assault.
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| 7.3 |
An employee may use any accrued leave or,
if accrued leave with pay is unavailable to the employee, leave without
pay, not to exceed a total of eight days per calendar year for a purpose
specified in subsection 7.2. The entitlement of any employee pursuant
to this provision shall not be diminished by any collective bargaining
agreement term or condition, but the limit of eight days per calendar
year may be increased pursuant to a collective bargaining agreement.
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| 7.4 |
As a condition of taking time off pursuant
to subsection 7.3, employees must give reasonable advance notice of their
intention to take time off whenever such advance notice is feasible.
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| 7.5 |
Within 48 hours after returning from time
off requested pursuant to this Bulletin, employees are to provide information
supporting their request for leave to their employing agency. Such information
may include, but is not limited to:
a) A police report indicating that the employee was
a victim of domestic violence or sexual assault;
b) A court order protecting or separating the employee
from the perpetrator of an act of domestic violence or sexual assault,
or other evidence from the court or prosecuting attorney that the employee
has appeared in court; or
c) Documentation from a medical professional, domestic
violence advocate or advocate for victims of sexual assault, health
care provider or counselor that the employee was undergoing treatment
for physical or mental injuries or abuse resulting in victimization
from an act of domestic violence or sexual assault.
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| 7.6 |
To the extent allowed by law, the legislation
requires that employers maintain the confidentiality of any employee requesting
leave pursuant to this Bulletin, as well as the confidentiality of any
supporting documentation provided by the employee in support of a request
for leave.
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| 7.7 |
Due to this confidentiality issue, there will
be no specific leave code developed to record leave taken pursuant to
this Bulletin. Agencies are encouraged to develop and maintain their own
systems for tracking and maintaining records of this type of leave in
keeping with the requirements of confidentiality.
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| 7.8 |
Any records of leave being taken for the purposes
set forth in this Bulletin or any documentation submitted in support of
such requests is to be considered confidential and is not to be disclosed.
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| 8.0 |
REFERENCES:
2006 Senate Substitute for House Bill 2928. The bill may be viewed
at
the following link: http://www.kslegislature.org/bills/2006/2928.pdf
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| 9.0 |
CONTACT PERSON:
Kraig Knowlton at kraig.knowlton@da.ks.gov or at (785) 296-1082.
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