Unpaid Leave For Victims of Domestic Violence

Just a quick post to share information on a little known Philadelphia ordinance: "Entitlement to Leave Due to Domestic or Sexual Violence." This ordinance was signed by Mayor Michael Nutter with little or no fanfare on December 1, 2009 following a temporary year-long trial run.

I don't quite remember how our office discovered this ordinance when it was first issued as a temporary ordinance.  I recall that it was purely accidental, possibly due to an internet search on a related topic.  The silent way in which this law has been unveiled is unfortunate. Keeping silent about this law only encourages the continuation of the behavior it's trying to alleviate.  If employers and employees alike are not made aware of it, how does it help those whom it seeks to help?

If you're a Philly resident or employer, I'm curious have you heard about this?  If you have, am I wrong about the limited broadcasting of the ordinance?

For those not in the know, this is an interesting addition to existing FMLA laws. Below are the benefit details:

Reasons for Taking Leave
You may take leave to do any of the following for yourself or your household or family member:

• Seek medical attention for physical or psychological injuries;
• Obtain help from an organization that provides services to domestic or sexual violence victims;
• Obtain counseling or therapy;
• Make safety plans, including possible relocating to increase safety;
• Seek legal assistance.

Advance Notice and Certification

• You must provide your employer with at least 48-hours notice of the leave unless it is not practicable for you to do so.
• Your employer can require you to provide a certification of the domestic or sexual violence and the reason that you must take the leave.

Job Benefits and Protection

• You may take up to 8 workweeks of leave in a 12-month period if you work for an employer who employs 50 or more employees.
• You may take up to 4 workweeks of leave in a 12-month period if you work for an employer who employs fewer than 50 employees.
• This leave, when added to any leave you have taken under the Family and Medical Leave Act (FLMLA), cannot be more than 12 weeks in a 12-month period provided under the FMLA.
• You may take this leave intermittently or on a reduced work schedule.
• You may use any paid leave available under your employer’s policies during this leave, but it will not increase the amount of leave you can take.
• You are entitled to maintain all benefits accrued prior to taking the leave.
• For the duration of your leave, your employer must continue the health benefits for you and your family or household members on the same terms as if you were not on leave; you must continue to pay your share of the cost.
• Upon return from leave, you must be restored to your original position or an equivalent position with equivalent benefits, pay and other terms and conditions of employment.
• All information provided by you to your employer pursuant to the law must be kept confidential

Here is the link to the complete and amended ordinance.