§ 2-219.17. Domestic violence related leave.

The city will provide eligible employees with up to three (3) working days of unpaid leave in a 12-month period for domestic violence-related reasons.

In calculating the 12-month period under this policy, the city uses a "rolling, backward-looking" method. Under this method, a rolling 12-month period is measured backward from the date the employee uses any leave under this policy, such that each time an employee takes leave under this policy the remaining leave entitlement would be any balance of the three (3) days' of leave which has not been used during the immediately preceding twelve (12) months.

(a) Eligibility. To be eligible for leave under this policy, the employee must be employed by the city for at least three (3) months.

(b) Circumstances where domestic violence-related leave is available. Leave may be taken under the terms of this policy if the employee or a family or household member of the employee is a victim of domestic violence and the leave is necessary to:

(1) Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence;

(2) Obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence;

(3) Obtain services from a victim-services organization including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence;

(4) Make the employee's home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator; or

(5) Seek legal assistance in addressing issues arising from the act of domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence.

(c) Exhaustion of paid leave required. Prior to receiving leave under this policy, the employee must exhaust any available paid leave.

(d) Notice and supporting documentation required. Except in cases of imminent danger to the health or safety of the employee or a family or household member, advance notice of the need for leave is required. Where advance notice is required, the employee is required to provide notice to the city as soon as the need for leave becomes known. Where advance notice is not required due to the imminent danger to the health or safety of the employee or a family or household member, the employee must inform the city that the leave was taken pursuant to this policy as soon as he or she returns to work.

Documentation supporting the need for the leave under this policy must be submitted with the request for leave. In cases of imminent danger to the safety of the employee or a family or household member, supporting documentation must be submitted as soon as the employee returns to work.

(e) Confidentiality and prohibition of retaliation.

(1) All information relating to leave under this policy shall be considered confidential and will not be disclosed to any other individuals unless required for legitimate business or otherwise compelled by law.

(2) Leave taken or requested under this policy will not result in any adverse action against the employee. Employees who believe they have been subjected to retaliation as a result of leave taken or requested under this policy must initiate a complaint in the same manner as required by the city's harassment and discrimination complaint procedure.

(Ord. No. 2007-34, § 1, ?-?-07)