Domestic Abuse and Sexual Assault Leave

POLICY STATEMENT

Effective as of January 5, 2009, the City of Philadelphia adopted an Ordinance, called “Entitlement To Leave Due To Domestic Violence or Sexual Assault,” providing that certain employees may take unpaid leave from work to address Domestic Violence and/or Sexual Assault.

OBJECTIVE

This policy sets forth the conditions under which eligible employees may take time off pursuant to the City of Philadelphia Domestic Violence and/or Sexual Assault Leave Ordinance, and includes the application, certification and approval processes.

SCOPE

This Policy applies to all full-time and part time Holy Family University employees.

POLICY

Holy Family University provides its employees with up to 8 weeks of unpaid leave in a rolling 12-month period in the event of the employee becoming a victim to Domestic Violence, Sexual Assault or Stalking. Employees in need of the Holy Family University Domestic Violence or Sexual Assault Leave Program should contact Human Resources.

This policy also applies to the employee’s family or household member who is a victim of Domestic Violence or Sexual Assault.

DEFINITIONS

Domestic Partneris defined as an individual in a committed relationship with an employee of the same gender who is neither married to nor related by blood, adoption or law to the employee.

Domestic Violenceis defined as the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:

  1. Attempting to cause or intentionally, knowingly or recklessly causing
  2. bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, Sexual Assault, statutory Sexual Assault, aggravated indecent assault, indecent assault or incest, with or without a deadly weapon.
  3. Placing another in reasonable fear of imminent serious bodily injury.
  4. The infliction of false imprisonment pursuant to 18 Pa. C.S. § 2903 (relating to false imprisonment).
  5. Physically or sexually abusing minor children, including sexual abuse as defined in 23 Pa. C.S. § 6303.

For ease of reference, the definitions of “Domestic Violence” and “Sexual Assault” are summarized in this policy. It is Holy Family University’s intent to comply fully with the Ordinance. Consult the Ordinance for a detailed list of acts and crimes that constitute“Domestic Violence” and “Sexual Assault”.

Family or household membersmeans: (1) spouses or persons who have been spouses; (2) persons living as spouses or who lived as spouses; (3) parents and children; (4) other persons related by consanguinity or affinity, including persons who share biological parenthood; and (5) current or former sexual or intimate partners and life partners, as that term is defined in the Philadelphia Code. For purposes of this policy, the term “life partners” includes Domestic Partners.

Sexual Assaultmeans any conduct relating to rape, incest, sexual abuse of children, unlawful contact with a minor, sexual exploitation of children, statutory Sexual Assault, involuntary deviate sexual intercourse, aggravated indecent assault and indecent assault.

Stalkingmeans either:

  1. engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances, which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or
  2. engaging in a course of conduct or repeatedly communicating to another person under circumstances which demonstrate or communicate either intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.

Victimis defined as an individual who has been subjected to Domestic Violence, Sexual Assault or Stalking.

PROCEDURES

  1. Request for Domestic Violence or Sexual Assault Leave
  2. An employee who is a victim of Domestic Violence, Sexual Assault, or Stalking or has a relative who is a victim of Domestic Violence, Sexual Assault, or Stalking may take unpaid leave from work to:
  3. seek medical attention for, or recovering from, physical or psychological injuries;
  4. obtain services from a victim services organization;
  5. obtain psychological or other counseling;
  6. participate in safety planning, temporarily or permanently relocate, or take other actions to increase safety; or
  7. seek legal assistance or remedies to ensure health and safety, including preparing for or participating in any civil or criminal legal proceeding.
  1. Notice Requirements
  2. If leave under the Domestic Violence or Sexual Assault Leave is granted, the employee must notify his or her immediate supervisor and Human Resources of the impending leave and the expected duration.
  3. The employee shall provide the supervisor and Human Resources with at least forty-eight (48) hours’ advance notice of their intention to take the leave, unless providing such notice is not practicable.
  4. Certifications
  5. When an unscheduled absence occurs, the supervisor may not take any action against the employee if the employee, within forty-five (45) days, provides a certification for the leave taken as set forth in this policy
  6. The supervisor may require the employee to provide certification to the employer that:
  7. the employee or the employee’s family or household member is a victim of Domestic Violence, Sexual Assault, or Stalking; and
  8. the leave is for one of the purposes enumerated in §9-3202(1).
  9. The employee shall provide such certification to the supervisor and Human Resources within forty-five (45) days after the employer requests certification.
  10. The employee may satisfy the certification requirement by providing a sworn statement along with at least one of the following described documents, which corroborate the certification:
  11. documentation from the employee, an agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical orother professional from whom the employee or the employee’s family or household member has sought assistance; or
  12. a police or court record; or
  13. other corroborating evidence.
  14. Duration of Leave
  15. Eligible employees may be entitled to up to 8 weeks of unpaid leave under the Domestic Violence and Sexual Assault Leave during a rolling 12-month period.
  16. Holy Family University’s Domestic Violence and Sexual Assault Leave runs concurrently with Family Medical Leave (FML).
  17. Benefits During Leave
  18. During leave under the Domestic Violence or Sexual Assault Leave, Holy Family University will maintain the employee’s health insurance under the same conditions that coverage would have been provided if the employee had been continuously employed during the entire leave period.Holy Family University and the employee will each continue to pay their respective portions of the benefit costs. If the employee is no longer in “active pay status,” he or she will be required to submit the employee portion of the benefit costs directly to Human Resources. Holy Family University reserves the right to recover the full amount of premiums it pays to maintain health coverage for an employee who fails to return to work following leave under the Domestic Violence or Sexual Assault Leave Program.
  19. University-paid benefits will continue in effect for the duration of leave under the Domestic Violence or Sexual Assault Leave Program, to the same extent that such coverage would have been provided if the employee had been continuously employed during the entire leave period.
  20. An employee who participates in a dependent-care or health-care reimbursement benefit program at the commencement of leave under this policy may continue to participate in such program(s) during a period of such leave in accordance with applicable plan requirements, except that no contributions to such programs may be made while the employee is on inactive pay status.
  21. Retirement plan contributions will continue during leave under this policy in accordance with the provisions specified in the respective retirement plan documents, except when the employee is considered to be on inactive pay status.
  22. Return from Leave
  23. An employee returning from leave under the Domestic Violence or Sexual Assault Leave will be reinstated to the same or equivalent position, with equivalent pay, benefits, and other terms and conditions of employment. Failure to return to work following the completion of leave under the Domestic Violence or Sexual Assault Leave will be considered voluntary resignation from employment. In addition, an employee who does not return from leave is responsible for reimbursing the University for all medical benefit premiums paid on his or her behalf during the leave.
  24. An employee who returns from leave under the Domestic Violence or Sexual Assault Leave, which was taken as a result of his or her own Serious Health Condition, must provide Human Resources with a certification from a health care provider documenting his or her fitness to return to work.An employee who is unable to return to work at the end of the leave must notify his or her immediate supervisor and Human Resources as soon as possible.
  25. Except as provided in this policy, an employee’s use of leave under the Domestic Violence or Sexual Assault Leave will not result in the loss of any employment benefit that the employee earned prior to commencement of such leave. Use of leave under the Domestic Violence or Sexual Assault Leave does not constitute an “occurrence” of absence under Holy Family University’s Attendance Policy.

AT-WILL EMPLOYMENT NOT AFFECTED

Notwithstanding anything to the contrary stated in this policy, nothing herein is intended to alter the at-will status of any employee.Holy Family University, at all times, retains the right to terminate any employee at any time for any lawful reason, or for no reason at all, as long as such termination does not violate any federal or state laws.