Bereavement Leave Research Paper
G. Bereavement Leave
In the event of the death of your current spouse, child, parent, legal guardian, brother, sister, grandparent, grandchild, or mother-, father-, sister-, brother- son-, or daughter-in-law, you may take up to three (3) consecutive scheduled work days off with pay with the prior written approval of your supervising Partner, the Firm Administrator. The Firm Administrator and the employee’s supervising Partner may approve additional unpaid time off. For other individuals, you may request time off as vacation or unpaid personal leave.
H. Court-Related Leaves
Employer will comply with legal requirements for court-related leaves of absence. Please discuss your need for a leave with the Firm Administrator. Employer will not discriminate or retaliate on any basis protected by applicable law, including jury duty, witness duty, or being a victim of domestic violence, sexual assault, or stalking if the victim provides notice to Employer of the status or Employer has actual knowledge of the status.
1. Jury Duty and Witness Leave
Upon presentation of a formal …show more content…
summons to an employee’s supervising Partner and Firm Administrator, an employee will be excused from work to serve as a juror or witness. Full time regular employees who have worked for Employer for more than six months will receive full pay while serving up to three (3) days of jury duty and while serving up to 1 day as a witness. You should notify your supervising Partner and Firm Administrator of the need for time off for jury duty or witness duty as soon as a notice or summons from the court is received. You will be required to provide written verification from the court clerk of having served. If work time remains after any day of jury selection or jury duty or witness duty, you will be expected to return to work for the remainder of your work schedule.
Employer will reimburse full-time employees called upon for such service in the following manner: The employee shall receive full pay for regular time absent subject to the time limitations set forth above; the employee may also keep the compensation for jury duty. The employee may keep parking and transportation reimbursement from jury duty.
The employee is expected to notify his or her immediate supervising Partner and Firm Administrator in a timely manner each day he or she serves on jury or witness duty (preferably at least 1 hour before the employee’s scheduled workday begins).
The employee’s immediate supervising Partner or Office Manager may request deferment of jury service for the employee during Employer’s peak work periods.
2. Domestic Violence, Stalking, or Sexual Assault Victim Leave
If you are a victim of domestic violence, stalking, or sexual assault, you may take time off to obtain or attempt to obtain relief, including but not limited to restraining orders, to help ensure the health, safety, or welfare of yourself or your child. You must give Employer reasonable notice of the need to appear in court unless advance notice is not feasible. If you need to take time off for an unscheduled or emergency court appearance, you must, within a reasonable time after the appearance (within three business days), provide certification of the reason such as a police report, court order, or documentation from a counselor or health care provider. Employer will maintain confidentiality for employee requests for such leaves to the extent required by applicable law.
Employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking who requests an accommodation for the victim’s safety while at work. Reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, or stalking, or referral to a victim assistance organization. Employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. Reasonableness will consider exigent circumstances or danger to the employee. Employer shall not make accommodations that constitute an undue hardship, which include any action that would violate an employer's duty to furnish and maintain a place of employment that is safe and healthful for other employees. Employer may require the employee provide a written statement signed by the employee or an individual acting on the employee's behalf, certifying that the accommodation is for such a purpose and may require certification such as a police report, court order, or documentation from a counselor or health care provider. Recertification may be required every 6 months.
Employer will maintain confidentiality for employee requests for such accommodations to the extent required by applicable law, but information may be revealed to protect the employee’s safety at work. Employer will provide notice to the employee before making disclosures.
If circumstances change and the employee needs a new accommodation, the employee shall request a new accommodation from Employer. Upon receiving the request, Employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
If circumstances change and the employee no longer needs an accommodation, the employee shall notify Employer promptly (within one business day).
Employer shall not discriminate or retaliate against a victim of domestic violence, sexual assault, or stalking for requesting a reasonable accommodation, regardless of whether the request was granted or because the employee has taken time off.
If Employer has 25 or more employees, and if you are a domestic violence, stalking, or sexual assault victim, you may take time off to seek medical attention, to obtain services from a domestic violence program or rape crisis center, to obtain psychological counseling, or to participate in safety planning or take other actions to increase safety, including permanent or temporary relocation.
You must give reasonable advance notice of the need for time off unless not feasible. If you are absent without notice, we will require that you, within a reasonable time, provide certification to us such as a police report, court order, or documents from a doctor, advocate or counselor regarding your treatment for domestic violence, stalking, or sexual assault. Employer shall not discriminate or retaliate against a victim of domestic violence, sexual assault, or stalking for taking time off for these
reasons.
You may use vacation or paid sick leave that is otherwise available to you under the applicable terms of your employment. If you do not want to use vacation or paid sick leave, the time will be unpaid.
Pursuant to California Labor Code 230.1(h), we are providing you with notice of the following:
(c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a) [domestic violence, sexual assault, or stalking] is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.
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(e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement [which we do not have], for time taken off for a purpose specified in subdivision (a) [domestic violence, sexual assault, or stalking]. The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement [which we do not have].
(f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
3. Crime Victim Leave
a. Serious or Violent Felony, Theft, or Embezzlement Victim
If you are a victim of a serious or violent felony or a felony involving theft or embezzlement, or if you are an immediate family member (spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather), domestic partner, or a child of a domestic partner of a victim of a serious or violent felony or a felony involving theft or embezzlement, you may take time off to attend judicial proceedings related to the crime. You must give Employer reasonable notice of the need to appear in court by providing Employer with a copy of the notice of the scheduled proceeding unless it is not feasible to provide advanced notice. If it is not feasible, you must, within a reasonable time after the appearance (within three business days), provide evidence from the court, government agency setting the hearing, prosecuting attorney, or victim/witness office advocating on your behalf that you appeared at the legal proceeding. Employer will maintain confidentiality for employee requests for such leaves to the extent required by law.
In the event of the death of your current spouse, child, parent, legal guardian, brother, sister, grandparent, grandchild, or mother-, father-, sister-, brother- son-, or daughter-in-law, you may take up to three (3) consecutive scheduled work days off with pay with the prior written approval of your supervising Partner, the Firm Administrator. The Firm Administrator and the employee’s supervising Partner may approve additional unpaid time off. For other individuals, you may request time off as vacation or unpaid personal leave.
H. Court-Related Leaves
Employer will comply with legal requirements for court-related leaves of absence. Please discuss your need for a leave with the Firm Administrator. Employer will not discriminate or retaliate on any basis protected by applicable law, including jury duty, witness duty, or being a victim of domestic violence, sexual assault, or stalking if the victim provides notice to Employer of the status or Employer has actual knowledge of the status.
1. Jury Duty and Witness Leave
Upon presentation of a formal …show more content…
summons to an employee’s supervising Partner and Firm Administrator, an employee will be excused from work to serve as a juror or witness. Full time regular employees who have worked for Employer for more than six months will receive full pay while serving up to three (3) days of jury duty and while serving up to 1 day as a witness. You should notify your supervising Partner and Firm Administrator of the need for time off for jury duty or witness duty as soon as a notice or summons from the court is received. You will be required to provide written verification from the court clerk of having served. If work time remains after any day of jury selection or jury duty or witness duty, you will be expected to return to work for the remainder of your work schedule.
Employer will reimburse full-time employees called upon for such service in the following manner: The employee shall receive full pay for regular time absent subject to the time limitations set forth above; the employee may also keep the compensation for jury duty. The employee may keep parking and transportation reimbursement from jury duty.
The employee is expected to notify his or her immediate supervising Partner and Firm Administrator in a timely manner each day he or she serves on jury or witness duty (preferably at least 1 hour before the employee’s scheduled workday begins).
The employee’s immediate supervising Partner or Office Manager may request deferment of jury service for the employee during Employer’s peak work periods.
2. Domestic Violence, Stalking, or Sexual Assault Victim Leave
If you are a victim of domestic violence, stalking, or sexual assault, you may take time off to obtain or attempt to obtain relief, including but not limited to restraining orders, to help ensure the health, safety, or welfare of yourself or your child. You must give Employer reasonable notice of the need to appear in court unless advance notice is not feasible. If you need to take time off for an unscheduled or emergency court appearance, you must, within a reasonable time after the appearance (within three business days), provide certification of the reason such as a police report, court order, or documentation from a counselor or health care provider. Employer will maintain confidentiality for employee requests for such leaves to the extent required by applicable law.
Employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking who requests an accommodation for the victim’s safety while at work. Reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, or stalking, or referral to a victim assistance organization. Employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. Reasonableness will consider exigent circumstances or danger to the employee. Employer shall not make accommodations that constitute an undue hardship, which include any action that would violate an employer's duty to furnish and maintain a place of employment that is safe and healthful for other employees. Employer may require the employee provide a written statement signed by the employee or an individual acting on the employee's behalf, certifying that the accommodation is for such a purpose and may require certification such as a police report, court order, or documentation from a counselor or health care provider. Recertification may be required every 6 months.
Employer will maintain confidentiality for employee requests for such accommodations to the extent required by applicable law, but information may be revealed to protect the employee’s safety at work. Employer will provide notice to the employee before making disclosures.
If circumstances change and the employee needs a new accommodation, the employee shall request a new accommodation from Employer. Upon receiving the request, Employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
If circumstances change and the employee no longer needs an accommodation, the employee shall notify Employer promptly (within one business day).
Employer shall not discriminate or retaliate against a victim of domestic violence, sexual assault, or stalking for requesting a reasonable accommodation, regardless of whether the request was granted or because the employee has taken time off.
If Employer has 25 or more employees, and if you are a domestic violence, stalking, or sexual assault victim, you may take time off to seek medical attention, to obtain services from a domestic violence program or rape crisis center, to obtain psychological counseling, or to participate in safety planning or take other actions to increase safety, including permanent or temporary relocation.
You must give reasonable advance notice of the need for time off unless not feasible. If you are absent without notice, we will require that you, within a reasonable time, provide certification to us such as a police report, court order, or documents from a doctor, advocate or counselor regarding your treatment for domestic violence, stalking, or sexual assault. Employer shall not discriminate or retaliate against a victim of domestic violence, sexual assault, or stalking for taking time off for these
reasons.
You may use vacation or paid sick leave that is otherwise available to you under the applicable terms of your employment. If you do not want to use vacation or paid sick leave, the time will be unpaid.
Pursuant to California Labor Code 230.1(h), we are providing you with notice of the following:
(c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a) [domestic violence, sexual assault, or stalking] is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.
...
(e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement [which we do not have], for time taken off for a purpose specified in subdivision (a) [domestic violence, sexual assault, or stalking]. The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement [which we do not have].
(f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
3. Crime Victim Leave
a. Serious or Violent Felony, Theft, or Embezzlement Victim
If you are a victim of a serious or violent felony or a felony involving theft or embezzlement, or if you are an immediate family member (spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather), domestic partner, or a child of a domestic partner of a victim of a serious or violent felony or a felony involving theft or embezzlement, you may take time off to attend judicial proceedings related to the crime. You must give Employer reasonable notice of the need to appear in court by providing Employer with a copy of the notice of the scheduled proceeding unless it is not feasible to provide advanced notice. If it is not feasible, you must, within a reasonable time after the appearance (within three business days), provide evidence from the court, government agency setting the hearing, prosecuting attorney, or victim/witness office advocating on your behalf that you appeared at the legal proceeding. Employer will maintain confidentiality for employee requests for such leaves to the extent required by law.