Can I Take Leave From My Job After Domestic Violence?

A person who has experienced an act of domestic violence will often have to adjust to a very new reality afterward. They may need to find another place to live; they may need to take other steps to protect their safety, and preserve their mental health as best they can. To that end, Florida has a law which permits some workers to take temporary leave from their job after surviving domestic violence – but there are many, many proverbial hoops to jump before any relief can be had.

Much Left To Employer Discretion

It is important to realize that while this law can be helpful to victims, the statute only allows for up to 3 days’ leave, to be paid or unpaid “at the discretion of the employer.” It is also up to the employer’s discretion if an employee must use up all personal and sick leave before the additional 3 days are granted. One does not like to think of a protective tool essentially being granted at the whim of one’s employer instead of unilaterally by law, but the state legislature has left much up to chance.

Another provision that is open to interpretation is the one which states that except in cases where “imminent danger” to the “health or safety” of the employee or a family or household member is at hand, the employee must provide advance notice of the leave, as with any other standard request. They must also provide ‘sufficient documentation’ of the domestic violence event, which can wind up a blatant violation of employee privacy if an employer is too curious.

Know Your Rights

If an employee does manage to comply with these restrictions during what can be one of the most frightening times in their life, the relevant statute does specifically bar any kind of retaliation or discrimination being done to the employee because they took this leave. However, retaliation is not always easy to spot – and the statute even explicitly preserves the principle that while an employee cannot be fired explicitly for using this leave, they can be fired for other causes. It is often too easy for employers to hide behind this fig leaf.

If you believe that you have been discriminated against because you have utilized this leave, you have the right to file a civil complaint, asking either for damages or for equitable relief – that is, a type of compensation that would make the situation as fair as possible. It can make all the difference to have the right attorney protecting your rights.

Contact A West Palm Beach Domestic Violence Attorney

If you have survived an act of domestic violence, you need help to preserve your safety and your life. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help you get through what can be an intimidating legal process. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.313.html