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(1) Domestic violence means the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:
(a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest, with or without a deadly weapon.
(b) Placing another in reasonable fear of imminent serious bodily injury.
(c) The infliction of false imprisonment pursuant to 18 Pa. C.S. § 2903 (relating to false imprisonment).
(d) Physically or sexually abusing minor children, including sexual abuse as defined at 23 Pa. C.S. § 6303.
(e) Stalking (as defined in subsection 9-3201(7)).
(f) "Coercive control" means a pattern of threatening, humiliating, or intimidating actions toward an individual used to punish or frighten the individual, including but not limited to a pattern of behavior that, in effect, takes away the individual's liberty, freedom, or sense of self, safety, or bodily integrity; including, but not limited to, a pattern of one or more of the following actions: 1253
(.1) Isolating the victim from support networks;
(.2) Controlling the victim's economic and other resources, such as transportation;
(.3) Closely monitoring the victim's activities, communications or movements;
(.4) Repetitively degrading and demeaning of the victim;
(.5) Threatening to kill or harm the victim or the victim's children or relatives or pets; or to take steps to separate the victim from the victim's children and or pets;
(.6) Threatening to publish or publishing sexualized, false, or embarrassing information, videos, photographs, or other depictions of the victim;
(.7) Damaging or taking the victim's property or possessions;
(.8) Displaying or referring to weapons as a means to intimidate or threaten; or
(.9) Forcing the victim to engage in unlawful activity.
(2) Employer means an individual, co-partnership, association, corporation, governmental body or unit or agency, or any other entity, who or that employs one or more persons on a salary, wage, commission or other compensation basis.
(3) Family or household members means spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners, persons who share biological parenthood or "Life Partners" as that term is defined in Section 9-1102 1254 of The Philadelphia Code.
(4) Reduced work schedule means a work schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
(5) Repeatedly means on 2 or more occasions.
(6) Sexual assault means any conduct enumerated in 18 Pa. C.S. §§ 3121 (relating to rape), 4302 (relating to incest), 6312 (relating to sexual abuse of children), 6318 (relating to unlawful contact with minor), 6320 (relating to sexual exploitation of children), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault) and 3126 (relating to indecent assault).
(7) Stalking means either:
(a) engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or
(b) engaging in a course of conduct or repeatedly communicating to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.
(8) Victim or survivor means an individual who has been subjected to domestic violence, sexual assault, or stalking.
(9) Victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or to advocates for such victims, including a rape crisis 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.
Notes
1253 | |
1254 | Cross-reference updated by Code editor. |
(1) Basis. An employee who is a victim of domestic violence, sexual assault, or stalking or has a family or household member who is a victim of domestic violence, sexual assault, or stalking whose interests are not adverse to the employee as it relates to the domestic violence, sexual assault, or stalking may take unpaid leave from work to address domestic violence, sexual assault, or stalking by:
(a) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic violence, sexual assault, or stalking to the employee or the employee's family or household member;
(b) obtaining services from a victim services organization for the employee or the employee's family or household member;
(c) obtaining psychological or other counseling for the employee or the employee's family or household member;
(d) participating 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 domestic violence, sexual assault, or stalking or ensure economic security; or
(e) seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking.
(2) Period. Subject to Section 9-3203, an employee shall be entitled to a total of:
(a) 8 workweeks of leave during any 12-month period from an employer who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; or
(b) 4 workweeks of leave during any 12-month period from an employer who employs less than 50 employees for each working day during each of 33 or more calendar workweeks in the current and preceding calendar year.
(3) Schedule. Leave described in subsection (1) may be taken intermittently or on a reduced work schedule.
The employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take the leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, within forty five (45) days after the employer requests certification, provides such certification under Section 9-3204.
(1) In general. The employer may require the employee to provide certification to the employer that:
(a) the employee or the employee's family or household member is a victim of domestic violence, sexual assault, or stalking; and
(b) the leave is for one of the purposes enumerated in subsection 9-3202(1).
The employee shall provide such certification to the employer within forty-five (45) days after the employer requests certification.
(2) Contents. An employee may satisfy the certification requirement of subsection (1) by providing to the employer a sworn statement of the employee along with at least one of the following described documents which corroborate the employee's certification:
(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 or the employee's family or household member has sought assistance in addressing domestic violence, sexual assault, or stalking or the effects of the violence; or
(b) a police or court record; or
(c) other corroborating evidence.
All information provided to the employer pursuant to the terms of this Chapter, including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this Chapter, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:
(1) requested or consented to in writing by the employee; or
(2) otherwise required by applicable federal, state or local law.
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