GCCD - Domestic Violence Leave Policy
File: GCCD
Domestic Violence Leave Policy
It is the policy of the Franklin Public Schools to permit an employee to take up to 15 days of unpaid domestic violence leave from work in any 12 month period. Such leave may be considered after all other accrued leave has been used.
The leave may be taken if the employee or a family member of the employee is a victim of abusive behavior and the employee is using leave from work to:
- Obtain medical attention, counseling, victim or legal services
- Secure housing
- Obtain a protective order from a court
- Appear in court or before a grand jury
- Meet with a district attorney or other law enforcement official
- Attend child custody proceedings
- Address other issues related to the abusive behavior against the employee or family member of the employee
In order to be eligible for leave under this policy, the employee must not be the perpetrator of the abusive behavior against such employee’s family member. Furthermore, the employee must provide notice of domestic violence leave as set forth in M.G.L. c. 149, §52E.
For Domestic Violence Leave to be approved, the employee must provide documentation. This requirement will be satisfied with any of the following:
- Protective order, order of equitable relief or other documentation issued by a court;
- A document under the letterhead of the court, provider, or public agency which the employee attended for the purposes of acquiring assistance as it relates to the abusive behavior against the employee or employee’s family member;
- A police report or statement of a victim or witness provided to the police documenting the abusive behavior;
- Documentation that the perpetrator of the abusive behavior has admitted to sufficient facts to be found guilty, or been convicted, or adjudicated a juvenile delinquent by reason of any offense constituting abusive behavior;
- Medical documentation of treatment as a result of the abusive behavior;
- A sworn statement, signed under the pains and penalties of perjury provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other similar professional who has assisted the employee with addressing the effects of the abusive behavior;
- A sworn statement, signed under the pains and penalties of perjury provided by the employee attesting that the employee has been a victim of or is a family member of a victim of abusive behavior.
Any information related to the employee’s leave shall be kept confidential and shall not be disclosed except to the extent that the disclosure is:
- Requested or consented to, in writing, by the employee;
- Ordered to be released by a court of competent jurisdiction;
- Otherwise required by applicable federal or state law;
- Required in the course of an investigation authorized by law enforcement, including but not limited to, an investigation by the Attorney General; or
- Necessary to protect the safety of the employee or others employed at the workplace.
If the employee requires leave beyond the stated fifteen days, they may make a request to the Superintendent.
Franklin Public Schools shall not coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided herein or to make leave requested or taken contingent upon whether or not the victim maintains contact with the alleged abuser. Franklin Public Schools shall not discharge or in any other manner discriminate against an employee for exercising the employee’s rights under law. The taking of domestic leave shall not result in the loss of any employment benefit accrued prior to the date of such leave. Upon the employee’s return from such leave, they shall be entitled to restoration to the employee’s original job or to an equivalent position.
Legal Ref: M.G.L. 149:52E; Section 10 Chapter 260 of the Acts of 2014
Adopted by School Committee: 7/28/15
Reviewed; revised: 10/6/21