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Unpaid Leave Used to Address Issues of Domestic Violence

March 13th, 2019

Philadelphia employment lawyers advocate for employees’ rights.Employees in the city of Philadelphia who experience domestic violence have a powerful legal tool to protect them when using time off from work. Domestic violence is a serious and disruptive experience that can result in injury, trauma, psychological stress. Dealing with the assault itself, along with medical, social services, and legal appointments takes significant time that can affect employment. Philadelphia residents are entitled to use unpaid leave to address domestic violence or sexual assault matters through a law enacted through the Philadelphia Human Relations Commission.

The law protects any Philadelphia employee and allows unpaid time to be used for a case involving either themselves or a household or family member. The amount of unpaid leave will depend on the size of the employer and is used in conjunction with the Family and Medical Leave Act (FMLA). During the unpaid leave, the employer is required to continue any employment benefits and keep the employee at the same position or a position comparable in pay and benefits. Refusal of unpaid leave or retaliation for requesting or using this leave is prohibited under the law.

Leave Process

The process is straightforward and requires the employee provide notice of the intent to request time off under this provision. An employer may request documentation, which can consist of a police report, court record, or another form of proof from a social services professional or attorney. The employer is mandated to keep this information confidential.

For the person who has been a victim of violence in the home, there are a plethora of practical matters and social services to address. Accessing critical medical care for physical or emotional injuries, navigating the legal system for protective services, and potential household relocation are just some of the issues that take significant time. The law is designed to give employees the necessary time away from work without the added fear of job loss, and it covers those assisting a family member who is a victim.

Philadelphia Employment Lawyers at The Gold Law Firm P.C. Advocate for Employees’ Rights

If you applied for unpaid leave and were discriminated against, the skilled Philadelphia employment lawyers at The Gold Law Firm P.C. can help. An employee has the right under the law to request leave and cannot be denied the benefit or be retaliated against in the workplace. Please contact us for a free consultation by using our online form or call us at 215-569-1999. Located in Philadelphia and Pennsauken, New Jersey, we represent clients from Bucks County, Chester County, Delaware County, Montgomery County, and throughout New Jersey.

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