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Leave Usage for Victims of Domestic/Sexual Violence

Applies to:Original Policy Date:Date of Last Review:Approved by:
All Employees January 1, 2015 June 2022 Dr. Marco Carvalho
Executive Vice President and Provost

Policy Owner: Office of Human Resources

Policy Purpose

Under Florida Law, employers must provide employees up to three days of leave in a 12-month period if the employee or a family or household member is a victim of domestic or sexual violence. Florida Tech seeks to comply with these regulations and provide options for university employees dealing with situations related to domestic or sexual violence.

Policy Scope

This policy applies to all Florida Tech employees. The fiscal year of July 1 to June 30 will be considered the 12-month period.

Policy Statement

An employee who is a victim of domestic violence or sexual violence or who has a family or household member who is a victim of domestic violence or sexual violence may take up to three working days paid leave time within a 12-month period. Employees must exhaust any available annual vacation leave, personal leave and sick leave before requesting leave under this policy.

Procedures/Guidelines

Within the scope of this policy, employees may use the leave time to:

  • Seek an injunction for protection against domestic violence, an injunction for the protection in cases of repeat violence, dating violence, or sexual violence.
  • Obtain medical care and/or medical health counseling for the employee, a family member, or household member to address physical or psychological injuries resulting from domestic violence or sexual violence.
  • 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 or sexual violence.
  • Make the employee's home secure from the perpetrator of the domestic violence or sexual violence or to seek new housing to escape the perpetrator.
  • Seek legal assistance in addressing issues arising from the act of domestic violence or sexual violence or to attend and prepare for court-related proceedings arising from the act of domestic violence or sexual violence.

The university will keep information relating to the employee’s leave under this policy confidential and will not discriminate against an employee in any way for taking leave in accordance with this policy.

Nothing in this policy shall be construed as indication of greater rights to continued employment or to other benefits and conditions of employment than if the employee was not entitled to leave under this section.

Definitions

Domestic violence: as defined in Florida Statute 741.28, or any crime the underlying factual basis of which has been found by a court to include an act of domestic violence.

Sexual violence: as defined in Florida Statute 784.046, or any crime the underlying factual basis of which has been found by a court to include an act of sexual violence.

Family or household member: as defined in Florida Statute 741.28, 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.

Compliance Reference

Florida Statute 741.313

Responsibilities

Except in cases of imminent danger to the employee’s health and safety or that of a family member, employees must provide the Office of Human Resources with at least 48 hours of advance notice (321) 674-8100.

The Office of Human Resources may require certification of the purpose of the leave in the form of a letter from a volunteer services organization, police report or court record, or other corroborating evidence.

 

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