Section 285.630

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 285

Effective - 28 Aug 2021   

  285.630.  Unpaid leave provided, when — amount of leave — notice by employee — certification requirements — confidentiality — written statement. — 1.  An employee who is a victim of domestic or sexual violence or a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may take unpaid leave from work to address such violence by:

  (1)  Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member;

  (2)  Obtaining services from a victim services organization for the employee or the employee's family or household member;

  (3)  Obtaining psychological or other counseling for the employee or the employee's family or household member;

  (4)  Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic or sexual violence or to ensure economic security; or

  (5)  Seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.

  2.  Subject to subsection 5 of this section, an employee working for an employer that employs at least fifty employees shall be entitled to a total of two workweeks of leave under subsection 1 of this section during any twelve-month period.  An employee working for an employer that employs at least twenty but not more than forty-nine employees shall be entitled to a total of one workweek of leave under subsection 1 of this section during any twelve-month period.  For purposes of this subsection "workweek" shall mean an individual employee's standard workweek.  The total number of workweeks to which an employee is entitled shall not decrease during the relevant twelve-month period.  Sections 285.625 to 285.670 shall not create a right for an employee to take unpaid leave that exceeds the amount of unpaid leave time allowed under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.).

  3.  Leave described in subsection 2 of this section may be taken intermittently or on a reduced work schedule.

  4.  The employee shall provide the employer with at least forty-eight hours' advance notice of the employee's intention to take leave under subsection 1 of this section, unless providing such notice is not practicable.  When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, upon request of the employer and within a reasonable period after the absence, provides certification under subsection 5 of this section.

  5.  The employer may require the employee to provide certification to the employer that the employee or the employee's family or household member is a victim of domestic or sexual violence and that the leave is for one of the purposes enumerated in subsection 1 of this section.  The employee shall provide such certification to the employer within a reasonable period after the employer requests certification.

  6.  An employee may satisfy the certification requirement of subsection 5 of this section by providing to the employer a sworn statement of the employee and the following:

  (1)  Documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence or sexual violence and the effects of such violence;

  (2)  A police or court record; or

  (3)  Other corroborating evidence.

  7.  All information provided to the employer pursuant to subsection 6 of this section including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is requested or consented to in writing by the employee or otherwise required by applicable federal or state law.

  8.  Any employee who takes leave under this section shall be entitled, on return from such leave, to be restored by the employer to the position of employment held by the employee when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

  9.  The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.  Nothing in this section shall be construed to entitle any restored employee to the accrual of any seniority or employment benefits during any period of leave or any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.  Nothing in this section shall be construed to prohibit an employer from requiring an employee on leave under this section to report periodically to the employer on the status and intention of the employee to return to work.

  10.  Upon the request of an employer, an employee requesting a reasonable safety accommodation pursuant to sections 285.625 to 285.670 shall provide the employer a written statement signed by the employee or an individual acting on the employee's behalf, certifying that the reasonable safety accommodation is for a purpose authorized under sections 285.625 to 285.670.

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(L. 2021 H.B. 432)