[§378-72]  Leave of absence for domestic orsexual violence.  (a)  An employer employing fifty or more employees shallallow an employee to take up to thirty days of unpaid victim leave from workper calendar year, or an employer employing not more than forty-nine employeesshall allow an employee to take up to five days of unpaid leave from work percalendar year, if the employee or the employee's minor child is a victim ofdomestic or sexual violence; provided the leave is to either:

(1)  Seek medical attention for the employee oremployee's minor child to recover from physical or psychological injury ordisability caused by domestic or sexual violence;

(2)  Obtain services from a victim servicesorganization;

(3)  Obtain psychological or other counseling;

(4)  Temporarily or permanently relocate; or

(5)  Take legal action, including preparing for orparticipating in any civil or criminal legal proceeding related to or resultingfrom the domestic or sexual violence, or other actions to enhance the physical,psychological, or economic health or safety of the employee or the employee'sminor child or to enhance the safety of those who associate with or work withthe employee.

(b)  An employee's absence from work that isdue to or resulting from domestic abuse or sexual violence against the employeeor the employee's minor child as provided in this section shall be consideredby an employer to be a justification for leave for a reasonable period of time,not to exceed the total number of days allocable for each category of employerunder subsection (a).

"Reasonable period of time" as usedin this section means:

(1)  Where due to physical or psychological injury toor disability to the employee or employee's minor child, the period of timedetermined to be necessary by the attending health care provider, consideringthe condition of the employee or employee's minor child, and the jobrequirements; and

(2)  Where due to an employee's need to take legal orother actions, including preparing for or participating in any civil orcriminal legal proceeding, obtaining services from a victim servicesorganization, or permanently or temporarily relocating, the period of timenecessary to complete the activity as determined by the employee's oremployee's minor child's attorney or advocate, court, or personnel of therelevant victim services organization.

(c)  Where an employee is a victim of domesticor sexual violence and seeks leave for medical attention to recover fromphysical or psychological injury or disability caused by domestic or sexualviolence, the employer may request that the employee provide:

(1)  A certificate from a health care providerestimating the number of leave days necessary and the estimated commencementand termination dates of leave required by the employee; and

(2)  Prior to the employee's return, a medicalcertificate from the employee's attending health care provider attesting to theemployee's condition and approving the employee's return to work.

(d)  Where an employee has taken not more thanfive calendar days of leave for non-medical reasons, the employee shall providecertification to the employer in the form of a signed statement within areasonable period after the employer's request, that the employee or theemployee's minor child is a victim of domestic or sexual violence and the leaveis for one of the purposes enumerated in subsection (a).  If the leave exceedsfive days per calendar year, then the certification shall be provided by one ofthe following methods:

(1)  A signed written statement from an employee,agent, or volunteer of a victim services organization, from the employee'sattorney or advocate, from a minor child's attorney or advocate, or a medicalor other professional from whom the employee or the employee's minor child hassought assistance related to the domestic or sexual violence; or

(2)  A police or court record related to the domesticor sexual violence.

(e)  If certification is required, no leaveshall be protected until a certification, as provided in this section, isprovided to the employer.

(f)  The employee shall provide the employerwith reasonable notice of the employee's intention to take the leave, unlessproviding that notice is not practicable due to imminent danger to the employeeor the employee's minor child.

(g)  Nothing in this section shall be construedto prohibit an employer from requiring an employee on victim leave to reportnot less than once a week to the employer on the status of the employee andintention of the employee to return to work.

(h)  Upon return from leave under this section,the employee shall return to the employee's original job or to a position ofcomparable status and pay, without loss of accumulated service credits andprivileges, except that nothing in this subsection shall be construed toentitle any restored employee to the accrual of:

(1)  Any seniority or employment benefits during anyperiod of leave, unless the seniority or benefits would be provided to asimilarly situated employee who was on leave due to a reason other thandomestic or sexual violence; or

(2)  Any right, benefit, or position of employment towhich the employee would not have otherwise been entitled.

(i)  All information provided to the employerunder this section, including statements of the employee, or any otherdocumentation, record, or corroborating evidence, and the fact that theemployee or employee's minor child has been a victim of domestic or sexualviolence or the employee has requested leave pursuant to this section, shall bemaintained in the strictest confidence by the employer, and shall not bedisclosed, except to the extent that disclosure is:

(1)  Requested or consented to by the employee;

(2)  Ordered by a court or administrative agency; or

(3)  Otherwise required by applicable federal or statelaw.

(j)  Any employee denied leave by an employerin wilful violation of this section may file a civil action against theemployer to enforce this section and recover costs, including reasonableattorney's fees, incurred in the civil action. [L 2003, c 60, pt of §2]