SB 367 - This act creates a right to unpaid leave for employees that are affected by domestic violence.
Any person employed by a public employer or private employer with at least 15 employees are entitled to unpaid leave if they are, or a family or household member is, a victim of domestic violence. Domestic violence is defined as assault, battery, coercion, harassment, sexual assault, unlawful imprisonment, and stalking. Such individuals are entitled to 12 weeks of leave per year if their employer employs at least 50 employees and 8 weeks per year if their employer employs at least 15 but not more than 49 employees.
Employees are required to give 48 hours notice of the intent to take such leave and may be required to provide certification to the employer that such leave is necessary. Permissible reasons for taking leave include seeking medical attention, recovering from injury, obtaining victim services, obtaining counseling, participating in safety planning, and seeking legal assistance.
On return from leave, employees are to be restored to the same or equivalent employment position and shall not lose accrued benefits. Employers are required to maintain health coverage for the employee while on leave but the premium may be recovered if the employee does not return.
Employers and public agencies delivering public assistance are barred from discriminating against individuals covered under the act and such entities are required to make reasonable accommodations regarding such individual unless the accommodation would constitute an undue hardship. Reasonable accommodations include an adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure, or assistance in documenting domestic violence that occurs at the workplace or in work-related settings.
The Attorney General is given the authority to enforce the provisions of the act.