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Workplace Protections
Basic info
Do I have the right to take time off from my job to deal with domestic violence or sexual assault committed against me?
You have the right to take time off from your work to handle your domestic violence or sexual assault situation. The law says that your employer cannot fire, suspend, discriminate, or seek revenge against you for taking time off if you:
- are a victim or witness to a crime, including domestic violence, and have been ordered to appear in court as a witness in a judicial proceeding;1 or
- are a victim of domestic violence or sexual assault, and need to get or try to get help to ensure your or your child’s health, safety, or welfare, such as:
- medical treatment;
- social services;
- mental health services;
- a temporary restraining order;
- a restraining order; or
- other help from the court known as “injunctive relief.”2
1 16 V.I.C. § 99c(a)
2 16 V.I.C. § 99c(b)
What is considered to be “domestic violence” under the law?
Domestic violence against a victim means an attempt, threat, or actually committing:
- assault;
- battery;
- burglary;
- kidnapping;
- unlawful sexual contact;
- rape;
- forcible or unlawful entry;
- coercion;
- destruction of property;
- harassment;
- threats;
- false imprisonment;
- stalking; or
- violation of a restraining order.1
“Victim” includes any person who has been subjected to domestic violence by a:
- spouse;
- former spouse;
- parent;
- child;
- any other person related by blood or marriage;
- present or former household member;
- person with whom the victim has a child in common; or
- person who is, or has been, in a sexual or otherwise intimate relationship with the victim.2
1 16 V.I.C. § 91(b)
2 16 V.I.C. § 91(c)
What is considered to be “sexual assault” under the law?
The following acts are considered sexual assault under U.S. Virgin Islands law:
- aggravated rape (1st and 2nd degree);
- rape (1st, 2nd, 3rd degree); and
- unlawful sexual contact (1st and 2nd degree).
Am I protected if the abuser is harassing or stalking me at my job?
The law says that an employer may not fire, suspend, or discipline you if:
- you receive any of the following at your workplace by someone who committed domestic violence against you:
- an unwanted visit;
- unwanted telephone calls;
- harassing e-mails;
- packages; or
- you are stalked by the abuser at the job site.1
However, your employer may require you to get a restraining order for your protection after the first incident on the job.1
1 16 V.I.C. § 99c(c)
What you must provide to your employer
How much notice do I need to give my employer if I need to take time off to deal with domestic violence or sexual assault?
The law does not say exactly how much notice you need to give your employer if you need to take time off to deal with domestic violence or sexual assault. However, it says that as a condition of taking time off, the employee must give the employer reasonable advance notice of her/his intention to take time off, unless giving advance notice is not possible.1
If you miss work without giving advance notice, the employer cannot take any action against you if you give a certification to the employer within a reasonable time after the absence.2
This certification could be in the form of any of the following:
- documentation indicating that you were a victim of domestic violence or other crime, from:
- law enforcement;
- court or other territorial or federal government agency records;
- a religious counselor;
- a counseling professional; or
- a domestic violence or a sexual assault victim advocate;3
- a protection order or other court order protecting or separating you from the abuser due to an act of domestic violence or sexual assault;4 or
- other evidence from a court or the prosecuting attorney that you have appeared in court.5
1 16 V.I.C. § 99c(d)(1)
2 16 V.I.C. § 99c(d)(2)
3 16 V.I.C. § 99c(d)(2)(A)
4 16 V.I.C. § 99c(d)(2)(B)
5 16 V.I.C. § 99c(d)(2)(C)
What your employer can and cannot do
Is it legal if my employer harasses me or tells co-workers about my situation?
Your employer cannot fire you, harass you, or punish you in any way, for asking for this time off or for taking this time off.
Also, the law requires your employer to keep your domestic violence or sexual assault situation confidential.1 For example, your employer cannot tell your co-workers, your clients, or other employers that you took time off to deal with domestic violence. Your employer also cannot talk about or write about (disclose) the reason for your time off.1
116 V.I.C. § 99c(d)(3)
If I am fired because I took time off for my domestic violence or sexual assault situation, what can I do?
If you were fired because you took time off to go to court or to get other help to deal with domestic violence or sexual assault, you may be able to take action against your employer. The law says that any employee who is discriminated against or fired by the employer because s/he has taken time off to handle a domestic or sexual violence situation is entitled to:
- return to her/his former position; and
- be compensated for lost wages and work benefits.1
Also, the law provides that it is a misdemeanor crime for an employer who knowingly refuses to rehire, promote, or bring back an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or a hearing authorized by law.1
You may want to talk to an employment lawyer who is familiar with wrongful terminations for more information about your legal options. You can find legal referrals on our VI Finding a Lawyer page.
1 16 V.I.C. § 99c(e)
