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312  Boston University Domestic Violence Leave Policy  

 

Eligibility  

All employees are eligible for Domestic Violence Leave.  

Reasons for Leave/Length of Leave  

Employees are entitled to up to fifteen (15) days of unpaid leave from work in any 12-month period if, as defined by applicable law, the employee, or a family member of the employee, is a victim of abusive behavior and the employee is not the perpetrator of the abusive behavior against such employee’s family member.  Domestic abuse leave may be taken to:   

1. Seek or obtain medical attention, counseling, victim services or legal assistance;   

1. Secure housing;  

1. Obtain a protective order from a court;  

1. Appear in court or before a grand jury;  

1. Meet with a district attorney or other law enforcement official;   

1. Attend child custody proceedings; or  

1. Address other issues directly related to the abusive behavior against the employee or family member of the employee.  

  

Requests for Leave  

Except in cases of imminent danger to the health or safety, an employee seeking leave from work under this policy must provide appropriate advance notice of the leave to their supervisor or Human Resources at hr@bu.edu.  If there is a threat of imminent danger to the health or safety of the employee or the employee’s family member, the employee is not required to provide advanced notice of leave; provided, however, that the employee must notify their supervisor or Human Resources within three (3) workdays that the leave was taken or is being taken pursuant to this policy. Such notification may be communicated to the supervisor or Human Resources by the employee, a family member of the employee or the employee’s counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee in addressing the effects of the abusive behavior on the employee or the employee’s family member.  

  

If an unscheduled absence occurs, the University will not take any negative action against the employee if the employee, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides any of the documentation described below.  

Documentation  

Employees must provide documentation evidencing that the employee or employee’s family member has been a victim of abusive behavior and that the leave taken is consistent with this policy; provided, however, that the University will not require an employee to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior. Employees must provide such documentation to the University within a reasonable period after the University requests documentation relative to the employee’s absence.    

An employee may satisfy this documentation requirement by providing any of the following documents to the University:  

1. A protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the employee or employee’s family member;  

1. A document under the letterhead of the court, provider or public agency which the employee attended for the purposes of acquiring assistance as it relates to the abusive behavior against the employee or the employee’s family member;  

1. A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the employee or the employee’s family member;  

1. Documentation that the perpetrator of the abusive behavior against the employee or family member of the employee has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave under this section;   

1. Medical documentation of treatment as a result of the abusive behavior complained of by the employee or employee’s family member;   

1. A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee or the employee’s family member in addressing the effects of the abusive behavior; or   

1. A sworn statement, signed under the penalties of perjury, from the employee attesting that the employee has been the victim of abusive behavior or is the family member of a victim of abusive behavior.   

  

Information related to the employee’s leave under this policy will be kept confidential by the University and will not be disclosed, except to the extent that disclosure is: (1) requested or consented to, in writing, by the employee; (2) ordered to be released by a court of competent jurisdiction; (3) otherwise required by applicable federal or state law; (4) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or (5) necessary to protect the safety of the employee or others employed at the workplace.  

Other Provisions  

Employees must substitute available paid time off, including Short-Term Sick Leave, Vacation Leave, Personal Leave, and available Compensatory Time Off during unpaid leave taken under this policy.  

The University will not coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided under this policy or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.  The University will not discharge or in any other manner discriminate against an employee for exercising the employee’s rights under this policy.  The taking of leave under this policy will not result in the loss of any employment benefit accrued prior to the date on which the leave taken under this policy commenced. Upon the employee’s return from such leave, to the extent required by applicable law, the employee will be entitled to restoration to the employee’s original job or to an equivalent position.    

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