Effective: 08-08-14
Supersedes:
Massachusetts
I. Introduction
The Act was signed into law on August 8, 2014, and became effective immediately. It provides several criminal justice and service reforms in the area of domestic violence and creates new employment protections for an employee who is, or whose family member is, a victim of abusive behavior, including domestic violence, or have family members that are victims. The Law requires an employer to provide up to 15 days of paid or unpaid leave for a qualifying employee 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; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee.
II. Covered Individuals
This Law applies to public and private employers who employ 50 or more employees in Massachusetts. An employee is defined as an individual “who performs services for and under the control and direction of an employer for wages or other remuneration.” A “family member” is defined in the statute as: (i) a parent, step-parent, child, step-child, sibling, grandparent or grandchild; (ii) a married spouse; (iii) persons in a substantive dating or engagement relationship and who reside together; (iv) persons having a child in common regardless of whether they have ever married or resided together; or (v) persons in a guardianship relationship.
III. Responsibility of Employers
A. Notification
Employers must notify each employee of his or her rights and responsibilities under the Law. There is no specified manner by which notification must take place, but examples may include: inclusion in a New Employee manual, an addendum to existing employee manuals, memos to employees, or letters or e-mails to employees. Posting notice may also be in a manner consistent with the requirements of G.L. c.151, §16 and in a conspicuous place.
B. Leave
An employer must permit an employee to take up to 15 days of paid or unpaid leave from work in any 12 month period if all the following criteria are met:
(i) the employee, or a family member of the employee, is a victim of abusive behavior as defined in the Law;
(ii) the employee is using the 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; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee; and
(iii) the employee is not the perpetrator of the abusive behavior.
The employer has sole discretion to determine whether any leave taken under the Law is paid or unpaid.
C. Confidentiality of Documents
An employer can request that an employee provide documentation evidencing that the employee or employee’s family member has been a victim of abusive behavior, and that the leave is or has been taken consistent with the Law. The types of documents an employee can provide are described in Section IV of this Advisory, below.
An employer is required to keep confidential all information related to the employee's leave under the Law. This information shall not be disclosed by the employer, except to the extent that disclosure is:
(i) requested or consented to, in writing, by the employee;
(ii) ordered to be released by a court;
(iii) otherwise required by applicable federal or state law;
(iv) required in the course of an investigation authorized by law enforcement; or
(v) necessary to protect the safety of anyone employed at the workplace.
Any documentation provided to an employer under the Law may be maintained by the employer in the employee’s employment record but only for as long as required for the employer to make a determination as to whether the employee is eligible for leave.
IV. Responsibility of Employees
A. Notice
Except in cases of imminent danger to the health or safety of an employee, an employee seeking leave from work under this section must provide appropriate advance notice of the leave to the employer as required by the employer's leave policy.
In cases of threat of imminent danger to the health or safety of an employee or the employee’s family member, the employee is not required to provide advance notice of leave, but must notify the employer within 3 workdays that the leave was taken or is being taken under the Law. Such notification may be communicated to the employer by the employee, a family member of the employee or the employee’s counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee in addressing the effects of the abusive behavior on the employee or the employee’s family member.
The employee or individual authorized to communicate to the employer that leave was taken or is being taken under this Law, may do so by telephone, in person, in writing or by any other reasonable means to communicate notice.
B. Required Documentation
An employer can request that an employee provide documentation evidencing that the employee or employee’s family member has been a victim of abusive behavior and that the leave is taken under the Law. An employee must provide such documentation to the employer within a reasonable period after the employer requests documentation relative to the employee’s absence. However, an employer cannot require the employee to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior. An employee can satisfy the request for required documentation by providing any one of the following documents to the employer:
(1) A 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.
(2) 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 the employee’s family member.
(3) A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the employee or the employee’s family member.
(4) 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 under this section.
(5) Medical documentation of treatment as a result of the abusive behavior complained of by the employee or employee’s family member.
(6) A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee or the employee’s family member in addressing the effects of the abusive behavior.
(7) 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.
V. Leave
A. Duration
An employer must permit an employee to take up to 15-days of paid or unpaid leave from work during any 12-month time period. However, the employee must first exhaust all annual or vacation leave, personal leave and sick leave already available to the employee prior to requesting or taking leave under the Law, unless the employer waives this requirement. The employer shall have sole discretion to determine whether any leave taken under the Law is paid or unpaid.
B. Employment
Protections An employer cannot discharge or in any other manner discriminate against an employee for exercising the employee’s rights under the Law. Upon the employee’s return from such leave, the employee is entitled to restoration to the employee’s original job or to an equivalent position. If an unscheduled absence occurs, an employer cannot take any negative action against the employee if the employee, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides any of the documentation required under the Law.
New Hampshire
STATE DOMESTIC VIOLENCE IN THE WORKPLACE POLICY
I. PURPOSE:
The purpose of this policy is to set forth procedures and guidelines for all State of New Hampshire employees to reduce the occurrence of domestic violence and its impact on the workplace.
II. DEFINITIONS:
A. DOMESTIC VIOLENCE: As defined by New Hampshire RSA 173:B the commission or attempted commission of one or more of the following acts by a family or household member, current or former sexual/intimate partner where such conduct constitutes a credible threat to the victim's safety: assault or reckless conduct, criminal threatening, sexual assault, interference with freedom, destruction of property, unauthorized entry and harassment.
B. PERPETRATOR: An individual who commits an act of domestic violence as defined above.
C. VICTIM: An individual who is subject to an act of domestic violence as defined above.
III. POLICY:
All State of New Hampshire agencies, to the fullest extent possible without violating any existing rules, regulations, statutory requirements, contractual obligations and collective bargaining agreements, shall designate and direct all state employees to follow these guidelines.
The State of New Hampshire will not tolerate acts of domestic violence perpetrated by or against any employee while in state offices, facilities, work sites, vehicles or while conducting state business. This includes the display of any violent or threatening behavior by a perpetrator (verbal or physical) that is likely to result in physical or emotional injury or otherwise places a victim's safety or productivity at risk. This policy addresses the particular concerns of domestic violence and its impact on the workplace.
In response to a voluntary request by an employee who is a victim of domestic violence, the State of New Hampshire will provide appropriate support and assistance. This includes identifying a person to whom an employee can go to seek help; resource and referral information; work schedule adjustments or leave as needed to obtain assistance; and workplace relocation, if feasible. Other appropriate assistance will be provided based on individual need and availability.
The State of New Hampshire is committed to working with employees who are victims of domestic violence to prevent abuse and harassment from occurring in the workplace. No employee will be penalized or disciplined in the workplace solely for being a victim of domestic violence.
Employees who are identified as perpetrators of domestic violence are encouraged to access services through the State of New Hampshire Employee Assistance Program. They will be provided with information regarding counseling and batterer intervention resources.
Any employee who threatens, harasses, or abuses someone at the workplace, or from the workplace, using an state resources such as work time, workplace phones, fax machines, mail or other means is subject to corrective or disciplinary action, up to and including dismissal. This policy shall be interpreted consistently with the State of New Hampshire's policy prohibiting sexual harassment.
All employees need to take seriously the problem of domestic violence and its effects in the workplace. The State of New Hampshire will take all reasonable measures to foster a safe working environment for all employees.
IV. AGENCY RESPONSE:
Domestic violence occurs between people of all racial, economic, educational and religious backgrounds, in heterosexual and same-sex relationships, and between couples living together or separately, married or unmarried. Domestic violence can affect adversely the well being and productivity of employees who are victims, as well as their co-workers. Effect of domestic violence in the workplace include increased absenteeism, turnover and health care costs and reduced productivity.
All New Hampshire State agencies provide their employees with a copy of this policy and the State of New Hampshire domestic violence brochure. Employees shall read and sign a statement acknowledging the policy. As part of general orientation, each recently hired employee shall be provided with a copy of this policy and state brochure. As part of any annual evaluation process, employees shall be given a copy of this policy.
All state agencies shall ensure that employees participate in domestic violence training as provided.
Each agency shall designate an appropriate person to address domestic violence issues within that agency. This designee shall refer any employee who discloses that he or she is a victim or perpetrator of domestic violence to the State of New Hampshire Employee Assistance Program at 1-800-852-3345, extension 4336 or 271-4336.
In response to a voluntary request from a victim, all state agencies shall work with victimized employees to develop and implement individualized workplace safety plans. These plans may include, when appropriate, advising co-workers of the situation; setting up procedures for alerting security and/or the police; temporary relocation to a new work site; reassignment of parking space; escort for entry to and exit from the building; addressing telephone, fax, e-mail or mail harassment; and providing a photograph of the perpetrator and/or a copy of any existing court orders to security personnel.
All information relating to an employee's involvement in a situation relating to domestic violence, to the extent possible, should be kept confidential and should not be made part of any employee's personnel file.
When an employee needs to take time off for medical assistance, legal assistance, court appearances, counseling stemming from domestic violence, relocation or to make other necessary arrangements to create a safe situation, all state agencies should take into consideration the employee's particular situation and leave benefits.
In cases where an employee's work performance falls below expectations as a direct result of being a victim of domestic violence, the employee shall be encouraged to develop a workplace safety plan consistent with this policy and shall be provided clear information about performance expectations, priorities and performance evaluations. If a disciplinary process is initiated, special care should be taken to consider all aspects of the victimized employee's situation, and exhaust all available options in trying to resolve the performance problems, including making a referral to the State Employee Assistance Program, consistent with existing collective bargaining agreements, statute, regulations and agency policies.
If performance problems persist and the employee is terminated, disciplined or voluntarily separates from employment the employee should be informed of his or her right to appeal the agency's decision and of their potential eligibility for unemployment insurance. The agency will respond as quickly as possible to any requests for information that may be needed in the claims process. New Hampshire law, RSA 282-A:32, I(a), provides that a victim of domestic violence who voluntarily separates from employment may, under certain circumstance, be eligible for unemployment compensation benefits.
In accordance with existing collective bargaining agreements, statutes and regulations, all state agencies shall hold employees accountable under this policy who engage in the following confirmed behavior: 1) misuse state resources to commit an act of domestic violence; 2) commit an act of domestic violence from or at the workplace or from any other location while on official state business; or 3) misuse their job-related authority and/or state resources in order to negatively affect victims and/or in perpetrating an act of domestic violence; 4) threaten, harass or abuse a person at the workplace, from the workplace, or on state business using any workplace resources such as work time, workplace phones, fax machines, mail, e-mail, or other means.
Agencies should consult with the appropriate personnel as needed to address other concerns relating to domestic violence in the workplace.
V. EMPLOYEE AWARENESS:
Information on domestic violence and available resources shall be posted in the worksite in places where employees can obtain it without having to request it or be seen removing it, such as employee restrooms or lounge areas. Such information shall include available resources of assistance such as the State Employee Assistance Program, local domestic violence service providers, and/or human resources personnel who are trained and available to serve as sources of information, support and referral. Information shall be made available on employee bulletin boards and included in employee newsletters, as appropriate.
Rhode Island
Title 28
Labor and Labor Relations
Chapter 57
Healthy and Safe Families and Workplaces Act
R.I. Gen. Laws § 28-57-6
§ 28-57-6. Use of paid sick and safe leave time.
(a) Paid sick and safe leave time shall be provided to an employee by an employer for:
(1) An employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; an employee’s need for preventive medical care;
(2) Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; care of a family member who needs preventive medical care;
(3) Closure of the employee’s place of business by order of a public official due to a public health emergency or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a healthcare provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of their exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or
(4) Time off needed when the employee or a member of the employee’s family is a victim of domestic violence, sexual assault, or stalking.
(b) Paid sick and safe leave time shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means, or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.
(c) When the use of paid sick and safe leave time is foreseeable, the employee shall provide notice of the need for this time to the employer in advance of the use of the sick and safe leave time and shall make a reasonable effort to schedule the use of sick and safe leave time in a manner that does not unduly disrupt the operations of the employer.
(d) An employer who or that requires notice of the need to use earned paid sick and safe leave time where the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice. An employer who or that has not provided to the employee a copy of its written policy for providing such notice shall not deny earned paid sick and safe leave time to the employee based on noncompliance with such a policy.
(e) Unless otherwise in conflict with state or federal law or regulations, an employee may decide how much sick time to use; provided, however, that an employer may set a minimum increment for the use of sick time, not to exceed four (4) hours per day, provided this minimum increment is reasonable under the circumstances.
(f) For paid sick and safe leave time of more than three (3) consecutive work days, an employer may require reasonable documentation that the paid sick and safe leave time has been used for a purpose covered by subsection (a) of this section if the employer has notified the employee in writing of this requirement in advance of the employee’s use of paid sick and safe time. An employer may not require that the documentation explain the nature of the illness or the details of the domestic violence, sexual assault, or stalking unless required by existing government regulation or law. Nothing in this provision shall be construed to conflict with existing government regulation or law.
(1) An employer may require written documentation for an employee’s use of earned sick time that occurs within two (2) weeks prior to an employee’s final scheduled day of work before termination of employment.
(2) Documentation signed by a healthcare professional indicating that paid sick leave time is necessary shall be considered reasonable documentation under subsection (a) of this section.
(3) One of the following, of the employee’s choosing, shall be considered reasonable documentation of an absence under subsection (a)(4) of this section:
(i) An employee’s written statement that the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking and that the leave taken was for one of the purposes of subsection (a)(4) of this section;
(ii) A police report indicating that the employee or employee’s family member was a victim of domestic violence, sexual assault, or stalking;
(iii) A court document indicating that the employee or employee’s family member is involved in legal action related to domestic violence, sexual assault, or stalking; or
(iv) A signed statement from a victim and witness advocate affirming that the employee or employee’s family member is receiving services from a victim services organization or is involved in legal action related to domestic violence, sexual assault, or stalking.
(g) An employer’s requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.
(h) Paid sick and safe leave cannot be used as an excuse to be late for work without an authorized purpose.
(i) If an employee is committing fraud or abuse by engaging in an activity that is not consistent with allowable purposes for paid sick and safe leave in this section, an employer may discipline the employee, up to and including termination of employment for misuse of sick leave.
(j) If an employee is exhibiting a clear pattern of taking leave on days just before or after a weekend, vacation, or holiday, an employer may discipline the employee for misuse of paid sick and safe leave, unless the employee provides reasonable documentation that the paid sick and safe leave time has been used for a purpose covered by subsection (a) of this section.
(k) An employer may not require, as a condition of providing earned paid sick and safe time under this chapter, that the employee search for or find a replacement worker to cover the hours during which the employee is using paid sick and safe leave time. However, if an employee is absent from work for any reason listed in subsection (a) of this section and by mutual consent of the employer and the employee the employee works an equivalent number of additional hours or shifts during the same or the next pay period as the hours or shifts not worked due to reasons listed in subsection (a) of this section, an employee shall not be required to use accrued and earned paid or unpaid sick time for the employee’s absence during that time period, and the employer shall not be required to pay for sick time taken during the time period.