(a) Definitions.
(1) "Domestic violence" means, as defined in RC 3113.31, the occurrence of one (1) or more of the following acts against a family or household member or against a person in a dating relationship:
A. Attempting to cause or recklessly causing bodily injury;
B. Placing another person by threat or force in fear of imminent serious physical harm or committing a violation of RC 2903.211, Menacing by Stalking, or RC 2911.211, Aggravated Trespass.
C. Committing any act with respect to a child that would result in the child being an abused child, as defined in RC 2151.031;
D. Committing a sexually oriented offense. (RC 3113.31(A)(1))
(2) "Family or household member" means any of the following:
A. Any of the following who is residing with or has resided with the offender:
1. A spouse, a person living as a spouse, or a former spouse of the offender;
2. A parent, foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
3. A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (RC 3113.31(A)(3))
(3) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five (5) years prior to the date of the alleged occurrence of the act in question. (RC 3113.31(A)(4))
(4) "Dating relationship" means a relationship between individuals who have, or have had, a relationship of a romantic or intimate nature. "Dating relationship" does not include a casual acquaintanceship or ordinary fraternization in a business or social context. (RC 3113.31(A)(8))
(5) "Sexual assault" means any conduct enumerated in RC Chapter 2907, Sex Offenses, including rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, sexual imposition, or importuning.
(6) "Stalking" means any conduct enumerated in RC 2903.211, Menacing by Stalking, including engaging in a pattern of conduct that knowingly causes another person to believe that the offender will cause physical harm or mental distress to the other person or a family or household member of the other person.
(b) Use of Paid Safe Leave. Any full-time or part-time non-union City employee who is a victim, or is a parent or legal guardian of a child victim, of domestic violence, sexual assault, or stalking, shall be entitled to take paid leave from work for any of the following:
(1) Seeking medical attention related to physical or psychological injuries caused by domestic violence, sexual assault, or stalking;
(2) Obtaining services from a victim-services organization;
(3) Obtaining psychological or other counseling;
(4) Participating in safety planning, temporarily or permanently relocating, or taking any other actions reasonably necessary to increase the safety of the employee or employee's family or household member from future domestic violence, sexual assault or stalking; or
(5) Seeking legal assistance or remedies to ensure the health and safety of the employee, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking.
(c) Period of Paid Safe Leave Time.
(1) Full-time non-union City employees shall be entitled to sixty (60) hours paid safe leave time annually. Part-time non-union City employees shall be entitled to thirty (30) hours paid safe leave time annually.
(2) Paid safe leave time may be taken intermittently or on a reduced work schedule.
(3) Employees are not required to expend available, accrued benefit time, including vacation, personal, compensatory, or sick time, before using paid safe leave time.
(d) Certification – Forms of Documentation.
(1) Employees seeking paid safe leave shall submit at least one (1) form of acceptable documentation to the Director of Human Resources, or his or her designee. Acceptable forms of documentation include the following:
A. Documentation from an employee, agent, or volunteer of a victim-services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic violence, sexual assault or stalking; or
B. A police report or court record; or
C. Other corroborating evidence deemed sufficient by the Director.
(2) The Director may require any additional documentation necessary to substantiate the request.
(e) Regulations and Procedures. The Director of Human Resources may promulgate regulations and procedures to carry out the provisions of this section.
(Ord. No. 756-2022. Passed 12-5-22, eff. 2-5-23)