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Employee Rights

If you are a survivor of domestic or sexual violence, or you're a family member of a survivor, you may be eligible to access additional resources related to employment. 

Your Rights as an Employee

If you or someone in your family is experiencing domestic or sexual violence, you may be able to access unpaid leave from work to access support services, seek medical attention, and more.   

Under state statute, you can access unpaid leave through the Missouri Economic Safety and Security Act (VESSA) if you or someone in your family is a survivor of domestic or sexual violence, and you work for an employer with at least 20 employees. The unpaid leave may be used to seek medical attention, recover from an injury, obtain victim services, obtain counseling, participate in safety planning, seek legal assistance, or participate in legal proceedings.  

 

Unpaid leave is limited to two work weeks of leave per 12-month period if your employer employs at least 50 employees. If your employer has at least 20 employees, but fewer than 49 employees, leave is limited to one work week per 12-month period. The time may be taken all at once, or over the course of 12 months. The amount of leave is equal to your standard workweek. For example, if you work 40 hours per workweek, the unpaid time may add up to 80 hours for employers with at least 50 employees, or 40 hours for employers with 20-49 employees.   

Your employer may ask for 48 hours’ advance notice when possible. They may also ask for documentation such as a sworn statement plus police/court records, documentation from an advocate or counselor, or other proof. By law, employers are not required to ask for documentation, and if they do, it may be because of company policy. By law, employers are required to keep any information regarding the abuse reported by the employee confidential. 

Upon your return from VESSA leave, employers are required to restore your employment to the same or equivalent employment position and reinstate any accrued benefits from before the leave. Employers are also required to maintain your health coverage while you’re on leave. Your employer may recover the insurance premium costs from you if you do not return to work.  

You are also allowed to request reasonable safety accommodations from your employer. Some examples of accommodations that aren’t specifically mentioned in the law but you may be able to negotiate with your employer could include, but are not limited to, a temporary change in work schedule, temporary change in work location, screening of phone calls, escort through parking lots, or closer parking to the door.   

There may be additional protections available to you that are not based on your status as a victim of domestic violence or sexual assault. To learn more about additional protections, visit the Equal Employment Opportunity Commission (EEOC) and the Missouri Commission on Human Rights (MCHR).  

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