Victims of domestic violence gain new protections in New Jersey

Domestic violence is more common in New Jersey than many people realize. A state report shows that in 2011, 70,311 incidents of domestic violence were reported. That same year, 40 people were killed in acts of domestic violence. And, this year, several instances of domestic violence have ended in tragedy in recent months alone.

Fortunately, our state’s lawmakers have worked recently to provide protections for victims of domestic violence. In October, the New Jersey Security and Financial Empowerment Act took effect, forcing employers to offer victims of domestic violence and/or sexual assault time off work.

Under the SAFE Act, public and private employers that have at least 25 employees must provide job-protected leaves to victims; certain family members of victims also have SAFE leave rights.

Safe leaves can be used by victims to obtain medical treatment, legal assistance, or counseling, or to relocate themselves or their loved ones, among other things. Victims may also take leave to attend or prepare for court proceedings.

Here are some other facts about the SAFE Act:

  • Workers may take up to 20 days of SAFE leave in a 12-month period.
  • To be eligible, an employee must have worked a minimum of 1,000 hours during the year leading up to the leave.
  • The leave must be used within 12 months of an act of violence.
  • When possible, workers must provide their employers with advance notice of a SAFE leave.
  • Employers may request documentation regarding the domestic violence; any documentation that is provided must be kept confidential.
  • All 20 days of SAFE leave do not need to be taken at one time.
  • Employers may not discriminate or retaliate against a worker on the basis of a SAFE leave request. If an employer does either, the worker may sue the employer.

The SAFE Act provides a very important right to New Jersey residents, as it helps ensure that victims of domestic violence will not be forced to sacrifice their employment in order to protect their physical and emotional security.

Source: NorthJersey.com, “Domestic violence victims have bevy of resources to help,” Tina Pappas, Dec. 5, 2013