Common use of Interpersonal Violence Leave Clause in Contracts

Interpersonal Violence Leave. Interpersonal Violence includes domestic violence, sexual violence and stalking. Employees who are victims of Interpersonal violence, or have dependants who are victims of Interpersonal violence, shall be entitled to take the leave after they have worked for at least ninety (90) days. (a) an intentional, reckless or threatened act or omission that causes bodily harm or property damage; (b) an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or property damage; (c) conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse; (d) forced confinement; (e) sexual abuse. The Domestic Violence and Stalking Act describes situations of domestic violence as instances of violence that occur by one person against another person who: (a) lives or has lived with them in a spousal, conjugal or intimate relationship; (b) has or had a family relationship with them, in which they have lived together; (c) has, or previously had, a family relationship with them, in which they have not lived together; (d) has or had a dating relationship with them, whether or not they have ever lived together; (e) is the other biological or adoptive parent of their child, regardless of their marital status or whether they have ever lived together. Sexual violence is any sexual act or act targeting a person’s sexuality, gender identity or gender expression that is committed, threatened or attempted against a person without the person’s consent. The act may be physical or psychological in nature and includes: (a) sexual assault; (b) sexual harassment; (c) indecent exposure; (d) voyeurism; (e) sexual exploitation; The meaning of stalking is set out in The Domestic Violence and Stalking Act. Under the definition, stalking occurs when a person repeatedly engages in conduct that causes the other person to fear for their own safety. The conduct referred to in the definition includes: (a) following the other person or anyone known to the other person; (b) communicating or contacting the other person or anyone known to the other person directly or indirectly; (c) using the Internet or other electronic means to harass or threaten the other person; (d) being constantly present or watching any place where the other person, or anyone; known to the other person, lives, works, carries on business or happens to be; or (e) engaging in threatening conduct directed at the other person or anyone known to the other person. Employees may take an Interpersonal violence leave for only one (1) or more of the following purposes, as these purposes relate to the employee or to a dependent: (a) to seek medical attention in respect of a physical or psychological injury or disability; (b) to obtain services from a victim services organization; (c) to obtain psychological or other professional counselling; (d) to relocate temporarily or permanently; (e) to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the interpersonal violence; or (f) any other purposed prescribed in the regulation. An employee's dependent is: (a) a child of the employee; (b) a child of the employee's spouse or common-law partner; (c) any person under eighteen (18) years of age who is under the care and control of the employee; (d) any person who is eighteen (18) years of age or older, and who, because of illness, disability or any other reason, is under the day to day care and control of the employee. The child of an employee shall be considered a victim of Interpersonal violence when the child: (a) is a victim of interpersonal violence directly, or (b) is directly or indirectly exposed to interpersonal violence experienced by: (i) a parent, (ii) a child of a parent, (iii) a spouse or common-law partner of the child; (iv) a child of the child, or (v) any other person who lives with the child as a member of their family There are two (2) parts to Interpersonal violence leave. One part of the leave allows employees to take up to ten (10) days consecutively or on an intermittent basis in a fifty-two (52) week period, as needed by the employee. The other part allows employees to take up to seventeen (17) weeks in a fifty-two (52) week period in one continuous period. Employees can take the leave in any order that meets their individual circumstances. Employees are entitled to be paid for up to five (5) days of Interpersonal violence leave in a fifty-two (52) week period. It is the employee’s responsibility to notify the Employer of the days to be paid. The amount paid to the employee must be no less than the wages they would normally earn for their regular hours of work. The Employer may give greater benefits than those provided for in the legislation. Sick days be used for the paid days of the Interpersonal violence leave. The employee shall continue to accumulate their seniority Employees must provide reasonable verification of the need for the leave when taking paid days. The Employer may require verification from the employee for unpaid days of leave. The employee shall provide the Employer as much notice as is reasonable in the circumstances. The employee shall give the Employer at least two (2) weeks’ notice in writing before the day they intend to return to work. Employees must be returned to the position the employee occupied when the leave began or to a comparable position, with no less than the pay and benefits the employee earned immediately prior to the leave. The employee shall continue to accumulate seniority during the leave.

Interpersonal Violence Leave. Interpersonal Violence includes domestic violence, sexual violence and stalking. Employees who are victims of Interpersonal violence, or have dependants who are victims of Interpersonal violence, shall be entitled to take the leave after they have worked for at least ninety (90) days. (a) an intentional, reckless or threatened act or omission that causes bodily harm or property damage; (b) an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or property damage; (c) conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse; (d) forced confinement; (e) sexual abuse. The Domestic Violence and Stalking Act describes situations of domestic violence as instances of violence that occur by one person against another person who: (a) lives or has lived with them in a spousal, conjugal or intimate relationship; (b) has or had a family relationship with them, in which they have lived together; (c) has, or previously had, a family relationship with them, in which they have not lived together; (d) has or had a dating relationship with them, whether or not they have ever lived together; (e) is the other biological or adoptive parent of their child, regardless of their marital status or whether they have ever lived together. Sexual violence is any sexual act or act targeting a person’s sexuality, gender identity or gender expression that is committed, threatened or attempted against a person without the person’s consent. The act may be physical or psychological in nature and includes: (a) sexual assault; (b) sexual harassment; (c) indecent exposure; (d) voyeurism; (e) sexual exploitation; The meaning of stalking is set out in The Domestic Violence and Stalking Act. Under the definition, stalking occurs when a person repeatedly engages in conduct that causes the other person person, reasonably, in all the circumstances to fear for their own safety. The conduct referred to in the definition includes: (a) following the other person or anyone known to the other person; (b) communicating or contacting the other person or anyone known to the other person directly or indirectly; (c) using the Internet or other electronic means to harass or threaten the other person; (d) being constantly present or watching any place where the other person, or anyone; known to the other person, lives, works, carries on business or happens to be; or (e) engaging in threatening conduct directed at the other person or anyone known to the other person. Employees may take an Interpersonal violence leave for only one one (1) or more of the following purposes, as these purposes relate to the employee or to a dependent: (a) to seek medical attention in respect of a physical or psychological injury or disability; (b) to obtain services from a victim services organization; (c) to obtain psychological or other professional counselling; (d) to relocate temporarily or permanently; (e) to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the interpersonal violence; or (f) any other purposed prescribed in the regulation. An employee's dependent is: (a) a child of the employee; (b) a child of the employee's spouse or common-law partner; (c) any person under eighteen (18) years of age who is under the care and control of the employee; (d) any person who is eighteen (18) years of age or older, and who, because of illness, disability or any other reason, is under the day to day care and control of the employee. The child of an employee shall be considered a victim of Interpersonal violence when the child: (a) is a victim of interpersonal violence directly, or (b) is directly or indirectly exposed to interpersonal violence experienced by: (i) a parent, (ii) a child of a parent, (iii) a spouse or common-law partner of the child; (iv) a child of the child, or (v) any other person who lives with the child as a member of their family There are two (2) parts to Interpersonal violence leave. One part of the leave allows employees to take up to ten (10) days consecutively or on an intermittent basis in a fifty-two (52) week period, as needed by the employee. The other part allows employees to take up to seventeen (17) weeks in a fifty-two (52) week period in one continuous period. Employees can take the leave in any order that meets their individual circumstances. Employees are entitled to be paid for up to five (5) days of Interpersonal violence leave in a fifty-two (52) week period. It is the employee’s responsibility to notify the Employer of the days to be paid. The amount paid to the employee must be no less than the wages they would normally earn for their regular hours of work. The Employer may give greater benefits than those provided for in the legislation. Sick days be used for the paid days of the Interpersonal violence leave. The employee shall continue to accumulate their seniority Employees must provide reasonable verification of the need for the leave when taking paid days. The Employer may require verification from the employee for unpaid days of leave. The employee shall provide the Employer as much notice as is reasonable in the circumstances. The employee shall give the Employer at least two (2) weeks’ notice in writing before the day they intend to return to work. Employees must be returned to the position the employee occupied when the leave began or to a comparable position, with no less than the pay and benefits the employee earned immediately prior to the leave. The employee shall continue to accumulate seniority during the leave.