File: GBGE
DOMESTIC VIOLENCE LEAVE POLICY
I. Administrative Policy
It is the Administrative Policy of the West Springfield Public Schools to implement and administer the provisions of An Act Relative to Domestic Violence. This law is intended to reduce domestic violence, and to provide victims and family members of victims of domestic violence protected work leave for qualifying reasons associated with domestic violence.
II. Definitions
Eligible Employees: All employees who are employed by an Employer of fifty (50) or more employees and have exhausted all vacation, personal, or sick leave.
Qualifying events: “Domestic Violence” against an Eligible Employee or “Family Member” (unless the employee is the perpetrator of violence against the family member) for qualifying reasons.
Domestic violence: Abuse against an employee or the employee’s family member by a current or former spouse of the employee or the employee’s family member, a person with whom the employee or the employee’s family member shares a child in common, a person who is cohabitating with or has cohabitated with the employee or the employee’s family member, a person who is related by blood or marriage to the employee, or a person with whom the employee or employee’s family member has or had a dating or engagement relationship.
Family Member: Persons who are married to one another, persons in a substantive dating or engagement relationship and who reside together, persons having a child in common regardless of whether they have ever married or resided together, a parent, step-parent, child, step-child, sibling, grandparent or grandchild, or persons in a guardianship relationship.
Length of Leave: The leave entitlement under An Act Relative to Domestic Leave is up to fifteen (15) unpaid days of Domestic Violence Leave in a twelve (12) month period to employees who qualify to seek or obtain medical attention, counseling, victim services or legal assistance, secure housing, obtain a protective order from a court, appear in court or before a grand jury, meet with a district attorney or other law enforcement official, attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee.
III. Procedure
Notice Requirement: An employee submitting for Domestic Violence Leave is required to inform the employer prior to taking such leave, unless there is an imminent danger to the health or safety of an employee or the employee’s family member. However, in the case of imminent danger, the employee shall notify the employer within three (3) workdays that the leave was taken.
IV. Effect of Benefits
A. An employee ranted a leave under this policy will continue to be covered under the employer's insurance group health insurance plans and life insurance plans under the same conditions as coverage would have been provided if he/she had been continuously employed during the leave period.
B. If the employee fails to return from domestic violence leave, the employer may seek reimbursement from the employee for the portion of the premiums it paid on behalf of that employee (also known as the employer contribution) during the employee’s leave.
C. An employee shall be in an unpaid leave status for the duration of the leave.
V. Job Protection
A. If the employee returns to work within the time permitted, a maximum of fifteen (15) days in a twelve (12) month period, he/she will be reinstated to his/her former position or an equivalent position with equivalent pay, benefits, status and authority.
B. The employee’s restoration rights are the same as they would have been had the employee not been on leave. Thus, the employee will be subject to any pay or benefit reductions or other adverse actions, including layoff, which he/she would have experienced if he or she had not taken leave under this policy.
C. If the employee fails to return after qualifying leave under this section, the employee may be terminated, unless reinstated to his/her same or similar position, in accordance with applicable laws, other leave-related policies, and/or appropriate bargaining unit contract language.
SOURCE: Duperé Law Offices [September 5, 2014]
LEGAL REVIEW: November 17, 2014 (Attorney Duperé)
LEGAL REFERENCE: M.G.L. 149:52E; Section 10, Chapter 260 of the Acts of 2014
Read, revised, approved: January 3, 2019 - (file name only) [Policy Subcommittee]
Approved: January 8, 2019 [School Committee]