Purpose. Victims of domestic violence are often forced to flee from a perpetrator in order to avoid future danger and violence. In so fleeing, victims who are employed frequently miss days of employment and employers sometimes respond by terminating or disciplining such employees. It is the purpose of this chapter to preclude all Reservation employers from terminating any employee who can document within 14 days an instance of domestic abuse which contributed to his/her absence from employment. Employers have the option of granting such employees leave with or without pay because of domestic violence related absences. Absences are not to exceed 12 weeks.
An employee may take reasonable leave from work, intermittent leave, or leave on a reduced work schedule, with or without pay, to:
(1) Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee’s family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence or family violence, sexual assault, stalking or dating violence;
(2) Seek treatment by a health care provider for physical or mental injuries caused by domestic violence or family violence, sexual assault, stalking, or dating violence, or to attend to health care treatment for a victim who is the employee’s family member;
(3) Obtain or assist a family member in obtaining services from a domestic violence safe house, rape crisis center, or other social services program for relief from domestic violence, family violence, sexual assault, stalking, or dating violence;
(4) Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, family violence, sexual assault, stalking or dating violence, in which the employee or the employee’s family member was a victim of domestic violence or family violence, sexual assault, stalking or dating violence; or
(5) Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future domestic violence or family violence, sexual assault, stalking, or dating violence.
(Ord. 117 § 1.16, 11-5-2001 (Res. 2001-365). Formerly 4.25.160; Res. 2013-379; Res. 2021-002)