Taking Time Off from Work to Address Domestic &
Sexual Violence Issues
Your employer is required to allow you to take up to
eight days of leave per calendar year to address issues related to domestic
violence or sexual assault. You can take
this leave for any of the following reasons:
Obtaining or trying to obtain a restraining
order or a similar type of relief or order for yourself or your children;
Seeking medical care for injuries resulting from
domestic violence or sexual assault;
Obtaining services from a domestic violence or
rape crisis program; or
Appearing in court proceeding related to
domestic violence or sexual assault.
If you choose to take this time away from work, your
employer is prohibited from discriminating against you. This mean your employer canít fire you or
retaliate against you in other ways if you are victim of domestic violence or
sexual assault and use this leave.
What does domestic violence mean under this law?
Domestic violence means any
or all of the following:
Causing or attempting to cause you physical
Placing you in fear of imminent physical harm;
Engaging in sexual relations or lewd fondling or
touching for sexual pleasure with a minor under the age of 16,...
when these acts are committed by a spouse, former spouse,
a person with whom you have a child, a person you live with or lived with in the
past, or a person with whom you have had a dating relationship.
What does sexual assault mean under this law?
Sexual assault includes any of the following
Indecent liberties with a child;
Aggravated indecent liberties with a child;
when these acts are committed by anyone. This would include someone with whom you have
a present or past relationship as well as someone that you do not know.
Does this mean I must tell my employer that I am a
victim of domestic violence or sexual assault?
Revealing to your employer that you are a victim of domestic
violence or sexual assault is your decision.
You may have a number of important reasons for choosing to keep this
However, if your employer will not give you needed time
away from work, you might decide to disclose this information to your
employer. Your employer is then required
to give you time off from work as provided by Kansas Law.
Under this Kansas law, do I have to give my employer
notice that I will be taking time off of work?
Yes. If you want
to use this Kansas law, you should give your employer reasonable advance notice
if you need to miss work because of domestic violence or sexual assault. Again, the decision about whether to tell
your employer is up to you but you mind want to if your employer will not give
you time off to deal with sexual of domestic violence.
What if I canít give my employer advance notice?
If you are not able to notify your employer in advance,
your employer canít take any action against you, so long as within 48 hours
after your absence begins you provide your employer with any of the following:
Police report about the domestic violence
or sexual assault
Court order or other evidence of a court
Documentation that you are receiving
treatment from a medical professional, health care provider, or counselor
because of domestic violence or sexual assault
Documentation from a domestic violence or
sexual assault advocate stating that you are receiving services because of domestic
violence or sexual assault
If I can give advance notice that I will be missing
work, do I still have to provide my employer with documentation?
Yes. Even when you give reasonable advance notice, you
must provide documentation to support your reason for missing work within
48 hours of your return to work.
Will this information be confidential?
Yes. Under this
Kansas law, your employer should keep any information about the reasons for
your absences confidential. This
includes the documents you must provide about these absences.
Will the leave be paid or unpaid?
You may use any paid leave you have available. If you do not have any paid leave available,
you may use unpaid leave of up to eight days per calendar year.
What if my employer already has a policy in place to
address absences due to domestic violence or sexual assault?
If your employer allows for more absences than is
provided by this law, you are entitled to take that time off.
Who is responsible for enforcing this law?
The Kansas Department of Labor is responsible for
enforcing this law.
401 SW Topeka
Remember: You Are
There are many women who have been assaulted or abused;
many of them need to take time off work because of the assault or abuse. If you are concerned about your safety and
want to talk confidentially with someone who knows about sexual and domestic
violence, call your local program.
Find service providers here.
Kansas Crisis Line:
This information was obtained from the Kansas Coalition
Against Sexual and Domestic Violence (KCSDV) brochure titled Taking Time Off
from Work to Address Domestic and Sexual Violence Issues.