CITY OF
HUMAN RESOURCES DEPARTMENT
TO: Mayor
and Commission
FROM: Richard D. Sala, City Manager
BY: Ernest
King, Director Human Resources
Jennifer
Yarmitzky, Human Resources Manager
DATE: November 29, 2007
SUBJECT: Second Reading: Adoption of Domestic
Violence Leave Policy
During the 2007
legislative session, a new law involving leave time for employees dealing with Domestic
Violence was enacted. This law requires employers that have more
than 50 employees, to grant up to 3 working days of unpaid leave to eligible
employees who are victims of domestic violence or to use this leave for
specified reasons relating to domestic violence in immediate family. The law precludes an employer from interfering
with, restraining or denying leave for purposes covered under the law. The law was signed by the Governor in June and
became effective July 1, 2007.
An eligible
employee is any employee who has been employed for at least 3 months, and who
is a direct or indirect victim of domestic violence. An eligible employee may use up to 3 working days
of leave in any one 12 month period to deal with issues related to domestic violence.
The specific guidelines of any leave
outlined in our current policy mirror those in the law. As required per the City’s current Personnel
Policies and Procedures, this policy will also requires an employee in need of
such leave to use the protocol of requesting it in advance whenever feasible. In
cases of imminent danger or urgent in nature, advance notice requirements will
be waived. Leave granted under this
policy will be considered scheduled leave, even if it is without pay.
The law allows
employers to require employees to use all accrued paid leave available to them
before being granted unpaid domestic
violence leave. This includes annual
leave, extended illness leave, personal days, holidays and any administrative
leave. Therefore, there is no additional
fiscal impact associated with this proposed policy.
The law also
protects personal information related to this leave from public disclosure
under the public records act by making such information confidential and exempt
from disclosure under that law. Leave
slips and any supporting documentation received in relation to domestic
violence leave will, therefore, be maintained separately from employee's
personnel files and will not be available for review in response to a public
records request.
The City Commission approved the first reading of the attached ordinance pertaining to the adoption of the Domestic Violence Leave Policy for City employees. Subsequently, the Staff and the City Attorney’s office made a minor revision to section 46-241(b) basically stating that the benefit established pursuant to this Section is not applicable to employees covered by a bargaining unit until the bargaining agent (Union) that represents the bargaining unit consents, in writing, to the applicability of the benefit to their members.
Tonight, we are presenting the revised ordinance for a second reading and final adoption.
RECOMMENDATION:
The City
Administration recommends Commission’s consideration and final adoption of the
attached Ordinance, on second reading, amending
Chapter 46, "Personnel", Article IX, "Holidays, Vacations, and
Leaves", of the North Lauderdale Code of Ordinances by enacting a new
Section 46-241, entitled "Domestic Violence Leave Policy".
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AMENDING CHAPTER 46, "PERSONNEL", ARTICLE IX, "HOLIDAYS,
VACATIONS, AND LEAVES", OF THE NORTH LAUDERDALE CODE OF ORDINANCES OF THE
CITY OF NORTH LAUDERDALE, BY ENACTING A NEW SECTION 46-241, ENTITLED
"DOMESTIC VIOLENCE LEAVE POLICY", TO PROVIDE FOR THE IMPLEMENTATION
OF A DOMESTIC VIOLENCE LEAVE POLICY FOR CITY EMPLOYEES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 741.313,
Florida Statutes provides for municipalities to provide for up to three days
leave for employees who require assistance in dealing with issues related to
domestic violence matters:
WHEREAS, the City Commission recognizes
the impact that domestic violence may have on individuals in general, and finds
that employees should be able to be entitled to the leave provisions related to
domestic violence as provided in Section 741.313, Florida Statutes; and
WHEREAS, the City Commission finds it
to be in the best interests of the citizens and residents of the City to enact
a Domestic Violence Leave Policy consistent with Section 741.313, Florida
Statutes, as it may be amended from time to time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF
Section 1. The foregoing “Whereas” clauses are hereby ratified as true
and correct and incorporated herein by this reference.
Section 2. Chapter 46,
"Personnel", Article IX, "Holidays, Vacations, and Leaves",
of the City of
Section 46-241 DOMESTIC VIOLENCE LEAVE POLICY
(a) The State of
(b) Prevailing
law. Neither the State of
(c) Definitions. For purposes of this Section, the following
definitions shall apply:
(1) Eligible
employees. Employees of the city who
have worked for the city for at least 3 months may be entitled to a total of 3
days of unpaid leave during any 12-month period if the employee or a family of
household member of an employee is the victim of domestic violence.
(2) Family or household member. Family or household members means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
(3) Key
employees. Key employees mean
salaried employees who are among the highest paid ten percent of all employees.
(d) Leave
entitlement and Notice for eligible employees
(1) Eligible
employees may be entitled to Domestic Violence leave when such leave is taken
to:
i) Seek an injunction for protection against
domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence;
ii) Obtain
medical care or mental health counseling, or both, for you or a family or
household member to address physical or psychological injuries resulting from
the act of domestic violence;
iii) Obtain
services from a victim-services organization, including, but not limited to, a
domestic violence shelter or program or a rape crisis center as a result of the
act of domestic violence;
iv) Make your home secure from the perpetrator of
the domestic violence or to seek new housing to escape the perpetrator; or
v) Seek
legal assistance in addressing issues arising from the act of domestic violence
or to attend and prepare for court related proceedings arising from the act of
domestic violence.
(2) A
minimum of 7 days advance notice of an employee’s intent to take leave is
required when it is foreseeable. If
leave has to begin in less than 7 days as a result of one of the
above-referenced circumstances, the employee must provide the City, through its
human resources department, with as much advance notice as is practicable.
(3) Notice
must be provided, in writing, to the human resources department of the
City. In the event notice is not given
in these circumstances, the employee will be considered to have taken an
“unauthorized leave” and will be subject to appropriate disciplinary actions as
set forth in the City’s personnel policies and guidelines.
(4) Except
in cases of imminent danger to the health or safety of the employee and/or the
employee’s family or household member, the employee must provide to the Human
Resources Department appropriate advance notice of 7 days of the need for leave
along with sufficient documentation of the act of domestic violence. This
documentation may include copies of restraining orders, police reports, orders
to appear in court, etc.
(5) Before
receiving this leave, the employee must exhaust all accrued vacation, sick,
compensatory or other paid leave to which the employee may be entitled.
(6) The
City recognizes that confidentiality in matters relating to this type of leave
is of utmost importance and every measure possible will be taken to insure
confidentiality.
(7) An
employee requesting unpaid Domestic Violence leave shall explain, in writing,
to the Human Resources Director, the reasons for the need for such leave. The employee shall give, when foreseeable, 7
days advance notice of the need for Domestic Violence leave. The City may request as much substantiating
documentation from the employee as it feels necessary to make a determination
as to whether the reason for the request qualifies. The Human Resources Director, after careful
review, shall forward a recommendation to the City Manager.
(8) When
leave is requested for a domestic violence matter concerning an employee, an
employee’s family, or a household member, the employee must provide, in
writing, an explanation stating the reason and the need for leave within ten
days of the written request for leave.
The explanation must contain the following:
(i) The date of
the domestic violence incident;
(ii) The probable duration of the leave
requested;
(iii) The appropriate legal facts regarding the
incident of domestic violence;
(iv) If the request for leave is for an
employee’s family or household member, the relationship between the employee
and family or household member and that the employee is needed to assist the
victim of domestic violence;
(v) When leave is based upon the employee
being the victim of domestic violence, a statement that employee needs leave
from his or her job for one of the reasons outlined above.
(e) Use
of paid leave; designation of paid leave as FMLA leave. Employees who are granted Domestic
Violence Leave are required to use all accrued paid leave, vacation,
sick, personal days and compensation time, prior to leave without pay. Such accrued time shall be included in the
total of the maximum leave in the designated year.
(f)
Continuation
of benefits. The City shall
continue group health plan coverage for employees on Domestic Violence leave
for the duration of the eligible employee’s leave. Coverage shall be provided on the same level
and under the same conditions that coverage would have been provided if no
leave had been taken. In the event an
employee fails to return to work after the period of leave expires, the City
may recover any premiums the City paid for coverage during the leave period.
Such recovery can be taken from any benefits or wages owed by the City to the
employee.
Section
3. If any clause,
section or other part of this Ordinance shall be held by any court of competent
jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and in no way affecting the
validity of the other provisions of this Ordinance.
Section
4. All
Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
conflict herewith, be and the same are hereby repealed
to the extent of such conflict.
Section
5. This
Ordinance shall become effective upon passage and adoption.
PASSED AND ADOPTED BY
THE CITY COMMISSION OF THE CITY OF
PASSED AND ADOPTED BY
THE CITY COMMISSION OF THE CITY OF
APPROVED AS TO FORM:
______________________________
SAMUEL S. GOREN
CITY ATTORNEY ____________________________________
MAYOR
JACK BRADY
ATTEST:
____________________________________
VICE
MAYOR RICH MOYLE
_______________________________
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Violence Leave).doc