Table of Contents: Chapter 3
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311 Victims' Economic Security and Safety Act (VESSA) Leave
Purpose
This policy is to provide employees with leave benefits, when needed, in accordance with the Missouri Victims’ Economic Security and Safety Act (“VESSA”).
311.1 Definitions
For purposes of this Section, the following definitions apply:
Abuse means the same as defined in Section 210.110, RSMo., as amended.
Domestic Violence means the same as defined in Section 455.010, RSMo., as amended.
Family or Household Member means the same as defined in Section 285.625, RSMo., as amended, which is a spouse, parent, son, or daughter, persons related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.
Parent means the same as defined in Section 285.625, RSMo., as amended, which is the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter who is a victim of domestic or sexual violence.
Sexual Violence means the same as defined in Section 285.625, RSMo., as amended, which is a sexual assault, as defined in section 455.010, and trafficking for the purposes of sexual exploitation as described in section 566.209.
Son or Daughter means the same as defined in Section 285.625, RSMo., as amended, which is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under eighteen years of age, or is eighteen years of age or older and incapable of self-care because of a mental or physical disability and is a victim of domestic or sexual violence.
Victim of Domestic or Sexual Violence means the same as defined in Section 285.625, RSMo., as amended, which is an individual who has been subjected to domestic violence, sexual violence, or abuse.
Victim Services Organization means the same as defined in Section 285.625, RSMo., as amended, which is a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence or to advocates for such victims, including a rape crisis center, a child advocacy center, an organization carrying out a domestic violence program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process.
311.2 Coverage and Eligibility
Any employee, regardless of how long the employee has worked for the City, who is a victim of domestic or sexual violence may take up to two weeks of unpaid leave to:
- Seek medical attention for or recover from physical or psychological injuries caused by domestic or sexual violence to the employee or the employee’s family or household member;
- Obtain services from a victim services organization for the employee or the employee’s family or household member;
- Obtain psychological or other counseling for the employee or the employee’s family or household member;
- Participate in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee’s family or household member from future violence or to ensure economic security; or
- Seek legal assistance or remedies to ensure the health and safety of the employee or the employee’s family and household member, including either preparing for or participating in any legal proceeding related to the violence.
311.3 Notification and Certification
An Employee requesting VESSA leave must notify his/her Supervisor and provide a written certification to the Department of Human Resources at least forty-eight (48) hours in advance of the employee’s intent to take VESSA leave, unless providing such notice is not practicable. If such notice cannot be provided within the required timeline, the Employee shall provide as much notice as possible and submit the written certification within a reasonable period after the City requests the certification.
To satisfy the certification requirement, the Employee shall submit a sworn statement of employee and:
- Documentation from an employee, agent or volunteer of a victim services organization, attorney, member of the clergy or medical or other professional whom the employee or the employee’s family or household member has sought assistance in addressing the domestic or sexual violence and the effects of such violence;
- A police or court record; or
- Other corroborating evidence.
All requests for leave and supporting documentation will be maintained with strict confidence.
311.4 Time Allowed
Upon compliance with the notice and certification provisions set forth in this policy, Employees make take up to 80 hours for Regular Employees and up to 112 hours for Shift Employees unpaid leave during any 12-month period. VESSA leave can be taken intermittently or on a reduced work schedule.
311.5 Retain Benefits
An Employee who takes VESSA leave shall not lose any employment benefit accrued before the date the leave started. The Employee shall pay City an amount equal to the health plan premium paid by the City to maintain coverage for the Employee or the Employee’s family or household member if the Employee does not return to work after his or her VESSA leave has expired (i) for reasons unrelated to domestic or sexual violence or abuse or (ii) other circumstances beyond the control of the Employee.
An Employee who claims he/she cannot return to work due to (i) the continuation, recurrence, or onset of domestic or sexual violence or abuse or (ii) other circumstances beyond the control of the Employee, must provide the City, within a reasonable period after making such claim, with a written certification because of such reason.
To satisfy the certification requirement, the Employee shall submit:
- A sworn statement of employee;
- Documentation from an employee, agent or volunteer of a victim services organization, attorney, member of the clergy or medical or other professional whom the employee or the employee’s family or household member has sought assistance in addressing the domestic or sexual violence and the effects of such violence;
- A police or court record; or
- Other corroborating evidence.
311.6 Use of Paid Leave During VESSA Leave
VESSA leave is unpaid, unless an Employee chooses to use the Employee’s available vacation, sick or personal time. VESSA leave may run concurrent to FMLA leave if the need for the leave meets FMLA eligibility requirements.
311.7 Return from Leave
Employees who take leave under this Section shall be restored to the same or equivalent position upon their return. The City may periodically contact Employee while on VESSA leave to determine the status and intention of the Employee’s return to work.
311.8 Request for Reasonable Safety Accommodation
Unless doing so would create an undue hardship for the City, the City shall make reasonable safety accommodations, as defined in Section 285.625, RSMo., as amended, for an Employee’s known limitations resulting from circumstances related to the fact that an Employee (i) is a victim of domestic or sexual violence or (ii) has a family or household member who is a victim of domestic or sexual violence, provided the interests of the Employee are not adverse to such family or household member.