Victims of Domestic and Sexual Abuse Can Claim Leave of up to 90 Days

Association of Business Training
November 13, 2013 — 895 views  

A new bill has been introduced in the New York Legislature which will require employers to give out unpaid leave of up to 90 days to victims of sexual or domestic abuse. The bill states that this time period will be given to the victim so that he or she can deal with the trauma as well as after-effects of the abuse and come out of it.

Employees who have to deal with any sort of sexual or domestic abuse will be allowed by the employers to use the specified time period of up to 90 days to seek secure legal assistance, medical care, and to attend counseling or go for therapy.

Apart from that, employees who will be returning to work after the completion of the agreed time period will also be assured the right to be given a job that is similar or at least equivalent to their previous job. Other than that, employers will also be barred from making any sort of discrimination against such employees because of their leave usage. 

What do the Senators Have to Say About the Bill?

Therese Murray, President of the Senate, said that victims of sexual abuse and domestic violence often continue to face problems in their recovery stages and find it difficult to protect themselves from further attacks of similar nature. He said that as lawmakers, it is their duty to ensure that this does not happen. He ensured that the bill will help to a great extent in increasing the protection as well as the rights of such victims.

Senator Cynthia Creem said that though the Senate has taken important steps to ensure that domestic violence and sexual abuse is prevented, a lot more still needs to be done. She mentioned that new employment protection as well as tools that have been added to the bill this time will help in strengthening the law against such crimes. It will also help in getting wider supportive environment to those who are the victims of this traumatic experience.

In case this bill is passed, employers will have to track it from the federal FMLA leave separately as FMLA doesn’t include absences for domestic abuse. Also, employers can ask employees to provide police reports, restraining orders, medical notes, victim advocate statement, conviction record, or any other official document to ensure that the employee or family member of the employee had to go through sexual abuse or domestic violence.

Association of Business Training