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2015 SESSION

15102365D
HOUSE BILL NO. 2150
Offered January 14, 2015
Prefiled January 14, 2015
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:5, relating to the duty of employers to provide employees with domestic violence and sexual assault leave.
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Patron-- Yancey
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:5 as follows:

§ 40.1-28.7:5. Retaliatory action prohibited; time off due to domestic violence or sexual assault.

A. As used in this section:

"Domestic violence" has the same meaning as is ascribed to such term in subdivision 7 of § 38.2-508.

"Relief from an act of domestic violence or sexual assault" means:

1. Seeking legal or law-enforcement assistance or remedies to ensure the health and safety of the employee including, but not limited to, preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence or sexual assault, including proceedings to obtain or enforce a protective order; or

2. Seeking treatment by a health care provider for physical or mental injuries caused by domestic violence or sexual assault.

"Sexual assault" means an act prohibited pursuant to § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4.

B. No employer shall discharge, demote, deny a promotion to, or discipline an employee because the employee took reasonable time off from work to obtain or attempt to obtain relief from an act of domestic violence or sexual assault.

C. An employee who is absent from the workplace to obtain or attempt to obtain relief from an act of domestic violence or sexual assault shall follow the employer's usual time-off policy or procedure, including providing advance notice to the employer when required by such policy or procedure, unless an emergency prevents the employee from doing so. An employer may require (i) documentation of any emergency that prevented the employee from complying in advance with the employer's usual time-off policy or procedure or (ii) any other information available to the employee that supports the employee's reason for being absent from the workplace.

D. Any employee who believes that he has been discharged, demoted, denied a promotion, or disciplined by an employer because the employee took reasonable time off from work to obtain or attempt to obtain relief from an act of domestic violence or sexual assault in violation of this section may, within 90 days after such alleged violation occurs, file a complaint with the Commissioner. Upon a finding by the Commissioner of a violation of this section, the Commissioner shall order, in the event of discharge or demotion, reinstatement of such person to his former position with back pay plus interest at a rate not to exceed eight percent per annum. Such orders of the Commissioner that have become final under the Administrative Process Act (§ 2.2-4000 et seq.) may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. The Commissioner, or his authorized representative, shall have the right to petition circuit court for injunctive or such other relief as may be necessary for enforcement of this section. No fees or costs shall be charged to the Commonwealth by a court or any officer for or in connection with the filing of the complaint, pleadings, or other papers in any action authorized by this section.