Employment Protections for Victims of Sexual Violence

After a sexual assault, many survivors have questions about how their employment will be affected and what their rights are.  Here are a few things you should know:       

§741.313, Florida Statutes, allows for a victim of sexual and/or domestic violence to receive up to three days off from work in any 12 month period to obtain a protection order, find a safe living environment or to make to their home safer, obtain medical care (including counseling) or seek legal advice.  This law only applies to employers within the state who have 50 or more employees.  The employer can decide if leave will be paid or unpaid.    

For employees in Miami-Dade County who have been subjected to domestic or repeated sexual violence, Miami-Dade County ordinance §11A-61 provides up to 30 days of unpaid leave for victims to receive medical and dental care, legal assistance, counseling and to appear in court.  This ordinance applies to employers with 50 or more employees in at least 20 or more calendar weeks in the current or preceding calendar year. 

The Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave if employees have been employed for at least one year and the employer has 50 or more employees.  If you have questions or believe that your FMLA claim has been wrongfully denied, contact the U.S. Department of Labor at 1-866-4-USA-DOL or visit their website for more information or to find a local office. 

For those assaulted by a supervisor, coworker or by anyone while working, the Florida Commission on Human Relations (FCHR) and the Equal Employment Opportunity Commission (EEOC) are authorized to investigate these complaints and enforce anti-discrimination and harassment laws.  For the EEOC to investigate, the last incident of discrimination or harassment must have occurred 300 or fewer days prior to the filing of the complaint; for FCHR to investigate, the last incident must have occurred 365 or fewer days prior to the filing of the complaint. 

Though many believe that you can be terminated for any reason because Florida is an at-will employment state, that’s not necessarily true.  ‘At-will’ means that you can be terminated for any reason except one proscribed by law, e.g. race, sex, disability, marital status, etc.  Reasons that qualify as discriminatory are explained more in-depth in Chapter 760, Florida Statutes, the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964.  It is also illegal to retaliate (e.g. termination, discipline or harassment) against someone who has filed a complaint of unlawful discrimination, which includes workplace sexual harassment and/or assault. 

Survivors should consider communicating directly with their employers.  Informing employers early to negotiate a plan for necessary absences or a modified work load can help avoid miscommunication.  

If you have any more questions about the employment rights of survivors, please contact Ebony Tucker, FCASV attorney.