44-1132. Discrimination, retaliation prohibited; time off for certain purposes; documentation required; confidentiality of information; limitations on time off.

44-1132

Chapter 44.--LABOR AND INDUSTRIES
Article 11.--DISCRIMINATION IN EMPLOYMENT

      44-1132.   Discrimination, retaliation prohibited;timeoff for certain purposes; documentation required; confidentiality ofinformation; limitations on time off.(a) An employer may not discharge or in any manner discriminateor retaliate against an employee who is a victim of domestic violence or avictim of sexual assault for taking time off from work to:

      (1)   Obtain or attempt to obtain any relief, including, but not limited to, atemporary restraining order, restraining order or other injunctive relief tohelp ensure the health, safety or welfare of the victim or the victim's childor children;

      (2)   seek medical attention for injuries caused by domestic violence or sexualassault;

      (3)   obtain services from a domestic violence shelter, domestic violenceprogram or rape crisis center as a result of domestic violence or sexualassault; or

      (4)   make courtappearances in the aftermath of domestic violence or sexual assault.

      (b) (1)   As a condition of taking time off for a purpose set forth insubsection (a), the employee shall give the employer reasonable advance noticeof the employee's intention to take time off, unless such advance notice is notfeasible. Within 48 hours after returning from the requested time off,the employee shall provide documentationwhich may include, but is not limited to, that described in subsection (b)(2)to support taking time off for a purpose set forth in subsection (a).

      (2)   When an unscheduled absence occurs, the employer shall not take anyaction against the employee if the employee, within 48 hours after thebeginning of the unscheduled absence, provides a certification to the employerin the form of any of thefollowing:

      (A)   A police report indicating that the employee was a victim of domesticviolence or sexual assault;

      (B)   a court order protecting or separating the employee from the perpetratorof an act of domestic violence or sexual assault, or other evidence from thecourt or prosecuting attorney that the employee has appeared in court; or

      (C)   documentation from a medical professional, domestic violence advocate oradvocate for victims of sexual assault, health care provider or counselor thatthe employee was undergoing treatment for physical or mental injuries or abuseresulting in victimization from an act of domestic violence or sexual assault.

      (c)   To the extent allowed by law, the employer shall maintain theconfidentiality of any employee requesting leave under subsection (a), aswell as the confidentiality of any supporting documentation provided bythe employee to the employer relating to a purpose set forth in subsection (a).

      (d)   An employee may use any accrued paid leave or, if paid leave isunavailable to the employee,unpaid leave, not to exceed a total of eight days per calendar year, as timeoff for a purpose specified in subsection (a), unless a longer period of timeis otherwise available to an employee under the applicable terms of employmentor is provided by a collective bargaining agreement. The entitlement ofany employee under this section shall not be diminished by any collectivebargaining agreement term or condition.

      History:   L. 2006, ch. 213, § 10; Jan. 1, 2007.