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Workplace Protections

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:

  1. 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
  2. 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
  3. 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)
16 V.I.C. § 99c(d)(2)(A)
16 V.I.C. § 99c(d)(2)(B)
16 V.I.C. § 99c(d)(2)(C)