What is New York’s Domestic Violence Leave Policy?
By Ricotta & Marks, P.C. on August 19th, 2021 in
What is New York’s Domestic Violence Leave Policy? Domestic violence is an issue that unfortunately affects many people in New York and across the rest of the country. Many are abused by their spouses, partners, parents, adult children, and other household members. Domestic violence can cause bruises, broken bones, head trauma, and other injuries. In some cases, victims are raped by their attackers.
When a person is a victim of domestic violence, he or she may have to miss work for a variety of reasons. Maybe the victim needs to seek medical attention or seek services from a shelter or program. Maybe the victim needs legal services or is required to appear in court. Perhaps he or she needs to care for a family member who was victimized by domestic violence.
New York has already prohibited discrimination against domestic violence victims, but these victims will receive even more protections beginning on November 18. Amendments to the law will help protect the employment of these victims and make it even harder for employers to discriminate against them. The amendments will make the following practices illegal:
- Refusal to hire or termination of an employee solely because they are a victim of domestic violence
- Discrimination against a victim in regards to compensation, terms, and other privileges
- Posting a job expressly stating a discrimination against domestic violence victims
In addition, New York employers must provide reasonable accommodations for domestic violence victims so they can seek medical attention for injuries, seek services from a shelter or program, care for a family member who is a victim and seek legal services or appear in court as needed.
Domestic violence victims are also covered under New York City Human Rights Law. Employers are required to provide reasonable accommodations to employees who have been victimized by domestic violence, stalking, or sex offenses. Employers must accommodate the employee’s requested leave unless the absence would constitute an undue hardship on the business. The time off may be paid, if the employee has any paid time off available. Otherwise, the time off may be unpaid. During their absence, employees will keep their existing health insurance coverage.
A victim of domestic violence may also use FMLA leave to take time off work. This leave may be used so that an employee can address their own serious health condition or to care for a family member who has suffered a serious health condition due to domestic violence.
Contact a New York FMLA Violation Lawyer
If your employer refuses to let you take time off work for an incident related to domestic violence, you may be able to file a claim against them. You have this right under FMLA, so be sure you understand what you are allowed to do.
Victims of domestic violence should not face discrimination by their employers. They have already been through enough. If you have been terminated or faced retaliation, demotion or other negative consequences, the attorneys at Ricotta & Marks, P.C. can help you take action against your employer. Schedule a free consultation today. Call our office at (347) 464-8694.