Domestic Violence Leave Policy
ADMINISTRATIVE POLICY
It is the Administrative Policy of the Town of Lynnfield to implement and administer the provisions of “An Act Relative to Domestic Violence”. This law is intended to reduce domestic violence, and to provide victims and family members of victims of domestic violence protected work leave for qualifying reasons associated with domestic violence.
The Town is committed to the protection of those eligible individuals that provide service to the Town by giving them the necessary tools to deal with domestic violence issues. This policy, along with the efforts of the Employee Assistance Program (EAP), can be utilized if the need arises for an employee to take time off to deal with a domestic violence issue.
DEFINITIONS
The provisions of this policy apply if the employee or a family member is a victim of domestic violence (unless the employee is the perpetrator of violence against the family member).
“Abuse” is defined as attempting to cause or causing physical harm; placing another in fear of imminent serious physical harm; causing another to engage involuntarily in sexual relations by force, threat or duress or engaging or threatening to engage in sexual activity with a dependent child; engaging in mental abuse, including threats, intimidation or acts designed to induce terror; depriving another of medical care, housing, food or other necessities of life; or restraining the liberty of another.
“Abusive behavior” includes domestic violence, stalking, sexual assault and kidnapping.
“Domestic violence” is defined as abuse against an employee or the employee’s family member by:
- a current or former spouse of the employee or the employee’s family member;
- a person with whom the employee or employee’s family member shares a child in common;
- a person who is cohabitating with or has cohabitated with the employee or employee’s family member;
- a person who is related by blood or marriage to the employee;
- a person with whom the employee or employee’s family member has or had a dating or engagement relationship.
“Family Member” (under this policy) is defined as:
- persons who are married to one another;
- persons in a substantive dating or engagement relationship and who reside together;
- persons having a child in common regardless of whether they have ever married or resided together;
- a parent, step-parent, child, step-child, sibling, grandparent or grandchild, or persons in a guardian relationship.
EMPLOYEE ELIGIBLITY REQUIREMENTS
All employees of the Town of Lynnfield including all Regular Full-time and Regular Part-time employees, Intermittent/Seasonal/Temporary Employees, Interns, and Volunteers are eligible for Domestic Violence Leave benefits, as indicated in this policy.
LENGTH OF LEAVE & PERMITTED REASONS FOR LEAVE
An eligible employee may take up to 15 days of leave from work in a 12-month period, if the employee or family member of the employee is a victim of abusive behavior and the employee is using leave from work to:
- seek or obtain medical attention, counseling, victim services or legal assistance;
- secure housing;
- obtain a protective order from a court;
- appear in court or before a grand jury;
- meet with a district attorney or other law enforcement official;
- attend child custody proceedings; or
- address other issues directly related to the abusive behavior against the employee or family member of the employee;
provided that the employee is not the perpetrator of the abusive behavior against such employee’s family member.
EXHAUSTION OF VACATION, PERSONAL AND SICK LEAVE
Before an employee may submit a request for the use of an unpaid Domestic Violence Leave to Human Resources, he or she must utilize any and all accumulated personal leave, vacation leave and sick leave available.
UNPAID LEAVE
Approved Domestic Violence Leave is an unpaid leave.
NOTICE REQUIREMENT
Employees are generally required to provide an appropriate advance leave notice by submitting the document titled “Notice of Need for Domestic Violence Leave”, except in cases of imminent danger. In cases of imminent danger, the employee is required to notify the Town of his/her absence within three (3) workdays that the leave was taken or is being taken. The Town will not take negative actions against an employee for an unscheduled absence, if within thirty (30) days from the unauthorized absence or last unauthorized absence in cases of consecutive absences, the employee provides any of the forms of documentation of the need for domestic violence leave identified below.
REQUIRED DOCUMENTATION
The Town of Lynnfield requires documentation showing that an employee or employee’s family member is a victim of abusive behavior. An employee may satisfy the documentation requirement by producing any of the following documents within a reasonable period of time from the request:
- Protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the employee or employee’s family member;
- A document under the letterhead of the court, provider, or public agency which the employee attended for the purposes of acquiring assistance as it relates to the abusive behavior against the employee or employee’s family member;
- A police report or statement of a victim or witness provided to the police, including a police incident report, documenting the abusive behavior complained of by the employee or the employee’s family member;
- Documentation that the perpetrator of the abusive behavior against the employee or family member of the employee has admitted to sufficient facts to support a finding of guilt of abusive behavior or has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave;
- Medical documentation of treatment as a result of the abusive behavior complained of by the employee or employee’s family member;
- A sworn statement, signed under the pains and penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or professional who has assisted the employee or the employee’s family member in addressing the effects of the abusive behavior.
- A sworn statement, signed under the penalties of perjury, from the employee attesting that the employee has been the victim of abusive behavior or is the family member of a victim of abusive behavior.
The Town of Lynnfield shall maintain any received documentation within the employee’s personnel file, but only as long as required for the Town to make a determination as to whether the employee is eligible for the requested leave.
CONFIDENTIALITY OF INFORMATION
All information related to the employee’s leave shall be be kept confidential by the Town and shall not be disclosed, except to the extent that disclosure is;
- requested or consented to, in writing, by the employee;
- ordered to be released by a court of competent jurisdiction;
- otherwise required by applicable federal or state law;
- required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or
- necessary to protect the safety of the employee or others employed at the workplace.
If additional time off is required, the employee should discuss the request with Human Resources. Nothing in this policy limits or impairs an employee’s right or ability to seek other types of applicable unpaid time off.
EFFECT ON BENEFITS
An employee granted a leave under this policy will continue to be covered under the employer’s group health insurance and basic life insurance plans under the same conditions as coverage would have been provided if he/she had been continuously employed during the leave period.
If the employee fails to return from domestic violence leave, the Town may seek reimbursement from the employee for the portion of the premiums it paid on behalf of that employee (also known as the employer contribution) during the employee’s leave.
An employee shall be in an unpaid leave status for the duration of the leave.
JOB PROTECTION
If the employee returns to work within the time permitted, a maximum of fifteen (15) days in a twelve (12) month period, he/she will be reinstated to his/her former position or an equivalent position with equivalent pay, benefits, status and authority.
The employee’s restoration rights are the same as they would have been had the employee not been on leave. Thus, the employee will be subject to any pay or benefit reductions or other adverse actions, including layoff, which he/she would have experienced if he or she had not taken leave under this policy.
If the employee fails to return after a qualifying leave under this section, the employee may be terminated, unless reinstated to his/her same or similar position, in accordance with applicable laws, other leave-related policies, and/or appropriate bargaining unit contract language.
PROVISIONS
The Town shall not make any of an employee’s rights hereunder contingent on whether the employee maintains contact with the alleged abuser, even if the alleged abuser is another Town employee.
Domestic Violence Leave time shall be taken in increments of not less than 2 hours.
Domestic Violence Leave shall be reported as unpaid leave in the Town’s attendance systems.
APPLICABLE LAW STATUTES
M.G.L. c. 149, § 52E.
FORMS
The following form documents associated with and attached to this policy may change to meet the needs of the Town or new requirements of the law. Please consult the Human Resources Department for the most current version:
- Employee Acknowledgement of Receipt of Domestic Violence Leave Policy
- Notice of Need for Domestic Violence Leave
Approved by the Town of Lynnfield Board of Selectmen on February 4, 2015