Kansas Department of Administration, Division of Personnel Services
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Bulletin No. 07-01


1.0 SUBJECT:  Time off due to domestic violence or sexual assault
2.0 EFFECTIVE DATE: January 1, 2007
3.0 DISTRIBUTION: State HR Directors
4.0 FROM: George Vega, Director   DATE: January 1, 2007
5.0

PURPOSE:  This Bulletin is being issued in order to implement the provisions of 2006 Senate Substitute for House Bill 2928 which contains protections for employees who are victims of domestic violence or sexual assault.
 

6.0 BACKGROUND:   

In the 2006 Legislative Session, the Legislature passed Senate Substitute for House Bill 2928 which deals primarily with establishing substitute addresses for victims of domestic violence, sexual assault, stalking and human trafficking so that public records cannot be used to locate these victims. The final two sections of the bill provide protections with respect to the employment of individuals who are victims of domestic violence or sexual assault.
7.0 PROCEDURES:
7.1 For the purposes of this Bulletin;

a) “domestic violence” means abuse as defined in K.S.A. 60-3102, and amendments thereto; and

b) “sexual assault” means any crime defined in K.S.A. 21-3502 (rape), 21-3503 (indecent liberties with a child), 21-3504 (aggravated indecent liberties with a child), 21-3505 (criminal sodomy), 21-3506 (aggravated criminal sodomy), 21-3602 (incest), or 21-3603 (aggravated incest), and amendments thereto.

7.2 Employees who are victims of either domestic violence or sexual assault may not be discharged, discriminated or retaliated against in any way for taking time off work to:

a) Obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order or any other injunctive relief to help insure the health, safety or welfare of the victim or the victim’s child or children;

b) Seek medical attention for injuries caused by domestic violence or sexual assault;

c) Obtain services from a domestic violence shelter, domestic violence program or rape crisis center as a result of domestic violence or sexual assault; or

d) Make court appearances in the aftermath of domestic violence or sexual assault.

7.3 An employee may use any accrued leave or, if accrued leave with pay is unavailable to the employee, leave without pay, not to exceed a total of eight days per calendar year for a purpose specified in subsection 7.2. The entitlement of any employee pursuant to this provision shall not be diminished by any collective bargaining agreement term or condition, but the limit of eight days per calendar year may be increased pursuant to a collective bargaining agreement.
 
7.4 As a condition of taking time off pursuant to subsection 7.3, employees must give reasonable advance notice of their intention to take time off whenever such advance notice is feasible.

7.5 Within 48 hours after returning from time off requested pursuant to this Bulletin, employees are to provide information supporting their request for leave to their employing agency. Such information may include, but is not limited to:

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

b) A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or

c) Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence or sexual assault.

7.6 To the extent allowed by law, the legislation requires that employers maintain the confidentiality of any employee requesting leave pursuant to this Bulletin, as well as the confidentiality of any supporting documentation provided by the employee in support of a request for leave.
 
7.7 Due to this confidentiality issue, there will be no specific leave code developed to record leave taken pursuant to this Bulletin. Agencies are encouraged to develop and maintain their own systems for tracking and maintaining records of this type of leave in keeping with the requirements of confidentiality.

7.8 Any records of leave being taken for the purposes set forth in this Bulletin or any documentation submitted in support of such requests is to be considered confidential and is not to be disclosed.  
 
8.0 REFERENCES:  2006 Senate Substitute for House Bill 2928. The bill may be viewed at
the following link: http://www.kslegislature.org/bills/2006/2928.pdf

 
9.0 CONTACT PERSON:   Kraig Knowlton at kraig.knowlton@da.ks.gov or at (785) 296-1082.