Accommodations for Victims of Domestic Violence, Sexual Assault, or Stalking

Submitted by lcmisoi@mainsl.com on Fri, 10/16/2020 - 23:21
Policy: 

Mains'l will provide reasonable accommodations to victims of domestic violence, sexual assault, or stalking who request an accommodation for their safety while at work, provided the accommodation does not create an undue hardship on the Company.

Reasonable accommodations may include the implementation of safety measures such as:

  • A transfer, reassignment, or modified schedule.
  • A change in telephone number or work station, or installed lock.
  • Assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace.
  • An implemented safety procedure or other adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, or stalking.
  • Referral to a victim assistance organization.
Procedure: 

Upon receiving a request, the Company will engage in a timely, good faith, and interactive process with you to
determine effective reasonable accommodations.

If you no longer need an accommodation, you must notify the Company that the accommodation is no longer
needed. If circumstances change and you need a new accommodation, you must request one.

Certification

When requesting a reasonable accommodation, you will be asked to submit a signed, written statement that certifies that the accommodation is for an authorized purpose. You may also be asked to provide documentation that demonstrates your status as a victim of domestic violence, sexual assault, or stalking, such as:

  • A police report showing that you were the victim of domestic violence, sexual assault, or stalking.
  • A court order protecting you from the perpetrator or other evidence from the court or prosecuting attorney that you appeared in court.
  • Documentation from a medical professional, domestic violence or sexual assault victim advocate, health care provider, or counselor showing that your absence was due to treatment for injuries from domestic violence or sexual assault.

Unpaid Leave

The Company will also provide victims of domestic violence, sexual assault, or stalking with unpaid leave to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of you or your child. You may use available vacation, personal leave, accrued paid sick leave, or compensatory time off for your leave unless you are covered by a collective-bargaining agreement that states otherwise.

Notice

You must provide reasonable advance notice of your intention to take leave for the above reasons unless advanced notice is not feasible. If an unscheduled absence occurs, you must provide the following documentation within a reasonable amount of time after your absence:

  • A police report indicating that the you were a victim of domestic violence, sexual assault, or stalking;
  • A court order protecting or separating you from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney stating that you have appeared in court; or
  • Documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, licensed health care provider, or counselor stating that you were undergoing treatment for physical or mental injuries or abuse resulting from victimization of an act of domestic violence, sexual assault, or stalking.

Confidentiality

The Company will maintain the confidentiality of anyone requesting time off or requesting an accommodation under this policy, except as required by federal or state law or as necessary to protect your safety in the workplace.

Retaliation

The Company will not retaliate against a victim of domestic violence, sexual assault, or stalking for requesting or obtaining leave or a reasonable accommodation in accordance with this policy.