Domestic violence leave

The purpose of this policy is to define the University’s policy and procedures for administering employee leave to employees if the employee or a family or household member of the employee is a victim of domestic violence.

The University provides eligible employees with up to three (3) working days of unpaid leave within a 12-month period if the employee or a family or household member of the employee is a victim of domestic violence. For purposes of this Policy, the fiscal year of July 1 to June 30th is considered a 12-month period.

The University will provide leave for the following activities:

• Seeking an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence;

• Obtaining medical or mental health care in connection with domestic violence;

• Seeking services from a victim services organization;

• Seeking legal assistance in addressing issues arising from domestic or sexual violence or prepare for court proceedings for the same; or

• Making the employee’s home secure from the perpetrator of domestic violence or finding a new home to escape the perpetrator.

Domestic Violence - defined under Chapter 741, Florida Statutes as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member or any crime the underlying factual basis of which has been found by a court to include an act of domestic violence.

Family or household member - defined under Chapter 741, Florida Statutes as spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Sexual Violence - means any one incident of sexual battery, lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age, luring or enticing a child, sexual performance by a child (defined under Chapters 794, 800, 787 and 827, respectively, Florida Statutes) or any other forcible felony wherein a sexual act is committed or attempted regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney.

Victim - defined under Chapter 741, Florida Statutes as an individual who has been subjected to domestic violence or sexual violence.

I. Notice

Except in the case of imminent danger to the health and/or safety of the employee or a family or household member, employees must provide their Supervisor with appropriate advance notice of the need for leave,

II. Type of Leave

The employee is required to use accrued leave. In the event that the employee does not have sufficient leave hours to cover the event, the leave that is not covered will be unpaid.

III. Confidentiality

The University will keep confidential all personal identifying information in documents related to an act of domestic violence or sexual violence submitted for the purpose of requesting leave under this policy. Such records are exempt from public disclosure pursuant to Section 741.313(7)(a), Florida Statutes.

IV. Retaliation

The University will not discharge, demote, suspend, retaliate, or in any other manner discriminate against an employee for exercising their rights under this Policy.

To learn more about this policy or the supporting procedures, please contact Employee Services