Missouri State Senate

Senate Committee Substitute

SCS/SB 130 - This act creates a right to unpaid leave for employees that are affected by domestic violence or sexual offenses.

Any person employed by a public or private employer is entitled to unpaid leave if the person is a victim of domestic violence or a sexual offense. Domestic violence is defined as assault, battery, coercion, harassment, sexual assault, unlawful imprisonment, and stalking. Sexual offense is defined as any offense under Chapter 566. Such individuals are entitled to 1 week of leave per year.

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.

This act is similar to SB 712 (2014) and SB 367 (2013).

SCOTT SVAGERA

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