Local Ordinance on Domestic Violence Carries Significant Requirements for Employers
 
September 1, 1999
 
Rachel S. Blechman- Miami

In January of 1999, Dade County, Florida, passed an ordinance requiring employers to grant leave to employees who are victims of domestic violence. Most employers are aware of the federal and state laws that govern employment. Fewer are aware that local laws, such as this domestic leave ordinance, also impact their workplace requirements.

Dade County's domestic leave ordinance, applicable to employers of 50 or more employees, provides that employees who have worked at least 90 days and provided at least 308 hours of service for the employer may take 30 days leave in a 12-month period, in addition to any family leave required by law, to obtain and receive medical assistance, legal assistance and attend court appearances associated with domestic or repeat violence. The leave is also available to attend counseling or support services for the employee or their dependent children and for any other arrangement necessary to provide for the safety and well-being of the employee. Employees must, however, exhaust any vacation or personal leave they may have available before requesting domestic leave.

As in the federal Family Medical Leave Act, the domestic leave granted may be taken all at once, intermittently or in conjunction with a reduced work schedule. When the leave is taken intermittently or with a reduced work schedule, the employer may require the employee to temporarily transfer to another position that can better accommodate the leave so long as he or she is offered the same pay and benefits. When an employee returns from domestic leave, the employer must return the employee to the position held before the leave was taken, or to an equivalent position with similar benefits, terms and conditions.

An employer may require an employee requesting domestic leave to provide a certification from a health care provider, attorney of record, counselor, law enforcement agency, clergy or domestic violence agency certifying that the employee is a victim of domestic or repeat violence and needs the time off to attend to one of the matters for which the ordinance provides leave time. The employer is obliged, to the extent permitted by law, to maintain confidentiality regarding these matters.

While an employee is on leave, the employer may require periodic reports on the employee's status and intention to return to work. The employer is obligated to maintain the employee's health coverage during the leave period at the level and under the conditions that would have been provided if the employee had not taken leave. If the employee does not return to work at the end of the leave period, the employee must then reimburse the employer for any premiums paid by the employer during the leave, unless the employee's failure to return is related to the domestic violence or circumstance beyond the employee's control.

The domestic leave ordinance makes it unlawful for any employer to interfere with, restrain or deny an employee any right available under the ordinance, or to discharge or discriminate against any individual for opposing any practice which is unlawful under the ordinance. The ordinance is enforced by the Miami-Dade Equal Opportunity Board.

The Miami Dade Domestic Leave Ordinance impacts the employer's costs and obligations to employees who may be victims of domestic or repeat violence. Other examples of local requirements in Dade County which affect an employer's obligations include the application of non-discrimination in employment laws to employers with as few as five employees (as opposed to 15 employees, as is the case under federal and state law), and compensation requirements for employees serving on juries who provide the required notice to their employers. Though all local jurisdictions do not have the same additional workplace requirements as Dade County, employers in all jurisdictions need to stay abreast of local developments to be sure that they are fully in compliance with the law impacting their workplace.

For more information, please call Rachel S. Blechman at 1-888-688-8500.