Who is eligible for Safe Leave? 

Any qualified employee who is a direct victim of domestic violence, sexual assault, stalking, or human trafficking or an employee whose immediate family member is a victim of an incident described above.  

Are there any limitations? 

Yes, the employee must have exhausted their annual, compensatory, and excess leave balances.  

What is the definition of a ‘qualified employee’?

An employee who receives retirement benefits and accrues leave. (Contact HR if you don’t know if you are qualified)

What is the definition of an ‘immediate family member’? 

An immediate family member is defined as an employee’s parent, spouse, child under the age of 18, or sibling or an individual who the employee claims as a dependent for state or federal income tax purposes.

What may the leave be used for?

• To obtain services from a domestic violence shelter, rape crisis center, or similar shelter or service program

• To temporarily or permanently relocate

• To file a complaint or report with law enforcement

• To enroll a child in a new school

• To meet with a district or county attorney’s office

• To attend or participate in a court hearing

• To obtain psychological  or emotional counseling

• To receive medical treatment

• To take another action that is necessary to maintain, improve, or restore the physical, psychological, emotional, or economic health or safety of the qualified employee or the qualified employee’s immediate family member

Are hours prorated based on an employee’s full or part-time status? 

Yes, the hours are prorated depending on an employee’s normal work schedule. 

Can the time be used intermittently? 

Yes, the leave can be used intermittently. It should be coordinated with an employee’s supervisor to ensure coverage needs are met. 

How long can an employee use the leave? 

The leave may be used up to two years from the date of an incident. 

Can the leave be used while an employee is on FMLA leave? 

Yes, but the payroll system does not have a code specifically for Safe Leave, so you must enter the time using a comment.  

How should leave be entered into an employee’s timesheet? 

The appropriate code is OA, with a comment identifying the leave as “Safe Leave.” 

How often can Safe Leave be used? 

A qualified employee may only use up to 40 hours in one year, depending on their regular work schedule.  No additional time will be allowed for multiple incidents in a calendar year.  

Does an employee need to give any notice? 

A qualified employee should give at least 7 days' notice before the employee plans to begin using Safe Leave and when they plan to stop using Safe Leave. If circumstances beyond their control arise, the expectation is as soon as reasonably possible. 

What happens to unused Safe Leave? 

Any unused Safe Leave will expire and may not be compensated if the employee does not use the leave or leaves employment.

Can a supervisor prevent an employee from using Safe Leave? 

No, an employer may not interfere with a qualified employee’s right to use Safe Leave or retaliate against them for using it.