The Domestic Violence Leave law provides eligible employees with fifteen (15) days of unpaid time off during any twelve (12) month period, if they or their family members are victims of domestic violence or abuse.
To qualify for Domestic Violence Leave, either the employee or a covered family member must be the victim of abusive behavior. Domestic Violence is defined under the statute as abuse by a current or former spouse, a person with whom the victim shares a child, a person cohabitating with or has cohabitated with the victim, a relative, or a person with whom the employee or family member has or had a dating relationship with. Covered family members include the employee’s spouse, parent, step-parent, child, step-child, sibling, grandparent, and grandchild. In the case of a family member, the employee is not entitled to leave if they are the alleged perpetrator.
Employees requesting leave must use the time to address issues directly related to the abusive behavior. This includes seeking medical attention, counseling or victim services. Leave may also be taken to obtain legal assistance, to attend or appear in court proceedings, or to meet with a district attorney or law enforcement personnel.
In order to be eligible for Domestic Violence Leave, employees must exhaust all of their vacation time, sick time and personal time before taking leave under this law.
Employees must provide advanced notice if possible, unless there is a threat of imminent danger to the health and safety of the employee or covered family member. Notice may also be given by a family member or a professional assisting the employee with addressing the abusive behavior.
Employees must also provide supporting documentation evidencing that the employee, or the employee’s family member, has been a victim of abusive behavior, even if the employee provided advanced notice of the leave. For situations where advanced notice cannot be given, employees will have 30 days from the last date of absence to provide supporting documentation that the absence was due to Domestic Violence. Forms of acceptable documents include but are not limited to, police reports documenting the abused behavior, protected order issued by a court, medical documentation, a letter from the court or agency addressing the abusive behavior, sworn statements, etc…
Bentley will restore employees who take leave under this law to their original or an equivalent position.
Date last revised: April 15, 2015