Staff Policies and Procedures Manual
H. Leaves of absence
2. Leave for victims of domestic violence, sexual assault or stalking
Leave for Victims of Domestic Violence, Sexual Assault or Stalking
An eligible employee who is a victim of domestic violence, sexual assault, criminal harassment or stalking or who is the parent or guardian of a minor child or dependent who is a victim of such acts may take reasonable leave for any of the following reasons:
- To seek legal or law enforcement assistance or remedies
- To seek medical treatment for or time off to recover from injuries
- To obtain counseling from a licensed mental health provider
- To obtain services from a victim service provider
- To relocate or secure an existing home, or to take steps to ensure the health and safety of the employee or employee’s minor child or dependent
- Means a biological, adopted, foster or stepchild, or a child with whom the employee is in loco parentis. Also includes the biological, adopted, foster or stepchild of an employee’s same-sex domestic partner. Minor child must be under the age of 18.
- Means an adult dependent child substantially limited by a physical or mental impairment or any adult of whom the employee has guardianship.
To qualify for leave for victims of domestic violence, sexual assault or stalking, an employee must have been employed for at least 180 days and worked an average of at least 25 hours per week.
Employees must provide notice of need to take leave in writing to Human Resources as far in advance as possible. If advance notice is not feasible due to an emergency or unforeseen circumstance due to domestic violence, sexual assault or stalking, the employee or his or her designee must give notice as soon as feasible to Human Resources.
Employees requesting leave must provide in a timely manner, as requested by Human Resources, and state how much time may be needed, when the time off will be needed, and the reason for the leave. Further, one or more of the following documents relating to employee or employee’s minor child or dependent who is a victim of domestic violence, sexual assault, or stalking must be provided to Human Resources with the request:
- A police report indicating that the employee or employee’s minor child or dependent was a victim;
- A court order providing protection to the victim;
- Documentation from a healthcare provider, advocate, clergy, or attorney, victim service provider
If more leave than originally authorized needs to be taken, the employee should give Human Resources notice as soon as is practicable prior to the end of the authorized leave.
To the extent the employee’s need for these types of leave is also covered by the Oregon Family Leave Act (OFLA), the college may run both leaves concurrently.
Use of Paid Leave Benefits
Employees who are eligible for crime victim leave must use any accrued sick and vacation leave during the leave period.
Reasonable Safety Accommodations
Finally, employees who are victims of domestic violence, criminal harassment, sexual assault or stalking may be entitled to a “reasonable safety accommodation” that will allow the employee to more safely continue to work, unless such accommodation would impose an “undue hardship” on the college. Please contact Human Resources with requests for reasonable safety accommodations.
last revised: 8/14/2012
last reviewed: 8/14/2012