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4.05 Domestic Violence

In accordance with Kansas statute HB2928 McPherson College will not discharge, discriminate, or retaliate against an employee who is a victim of domestic violence or a victim of sexual assault for taking time off of work to:

  • Obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim or the victim’s child or children;
  • Seek medical attention for injuries caused by domestic violence or sexual assault;
  • Obtain services from a domestic violence shelter, domestic violence program, or rape crisis center as a result of domestic violence or sexual assault; or
  • Make court appearances in the aftermath of domestic violence or sexual assault.

Notice & Documentation

To take protected leave, the employee must give McPherson College reasonable advance notice of the employee’s intention to take time off by completing a Request for Leave of Absence form, unless such advance notice is not feasible. Within 48 hours after returning from the requested time off, the employee must provide documentation to support taking time off.

When an unscheduled absence occurs, the College will not take action against the employee if the employee, within 48 hours after the beginning of the unscheduled absence, provides certification to the employer in the form of the following:

  • A police report indicating that the employee was a victim of domestic violence or sexual assault;
  • A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or
  • Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, healthcare provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence or sexual assault.

Use of Leave

An employee on leave may use any vacation or sick time available, or if paid leave is unavailable to the employee, an employee may use unpaid leave of up to 8 days per calendar year.

Confidentiality

To the extent allowed by law, McPherson College will maintain the confidentiality of any employee requesting leave, as well as the confidentiality of any supporting documentation provided by the employee.