Leave and Other Reasonable Accommodations and Assistance
The WRC recognizes that persons experiencing GBVH may need time off. The WRC will work in collaboration with the Worker to provide reasonable and flexible leave options to address the impact of GBVH on the Worker when a Worker experiences or witnesses GBVH. The WRC will work with the Worker to provide paid leave to address the impact of GBVH first before requiring a Worker to utilize unpaid leave.
A Worker must provide reasonable advance notice to the WRC of the need to take time off to address the impact of GBVH unless advance notice is not feasible. The WRC may require the Worker to provide reasonable documentation or other certification verifying that the Worker experienced GBVH, examples may include a police report, or a report from a health practitioner or other service provider. Such documentation or certification will be kept strictly confidential by the WRC manager approving the leave. To request leave, the Worker should contact management or the union, which may request such leave for the Worker on the Worker’s behalf.
The WRC will maintain the confidentiality of a person who requests leave under this policy, in a manner consistent with the “Respect for Privacy”.
The WRC will also provide reasonable accommodations for a Worker who has experienced or witnessed GBVH as defined in this policy or non-work-related gender-based violence and harassment (nonwork GBVH) who requests an accommodation to address the impact of GBVH or non-work GBVH in order to protect the safety of the Worker or to maintain their work performance while at the Workplace. Reasonable accommodations may include the implementation of safety measures, including, but not limited to, reassignment of work, modified work schedule, changed work telephone number, changed location of workstation, installation of locks, assistance in documenting the GBVH or non-work GBVH, and/or other reasonable adjustments to job structure, Workplace facility, or work requirements in response to the GBVH, and/or referral to a GBVH assistance organization. The WRC will assist Workers to enforce protective orders issued in relation to GBVH or non-work GBVH, where applicable.
Work Performance
The WRC recognizes that Workers who experience GBVH or non-work GBVH may have temporary difficulty fulfilling job responsibilities. If the WRC becomes aware that a Worker’s work performance or conduct has been impacted by GBVH or non-work GBVH, the WRC will offer reasonable support to the Worker and collaborate with the Worker to address the issues, in accordance with established policies within the Workplace. The WRC may develop a work plan with the Worker, provide leave and other accommodations to address the impact on the Worker of GBVH or non-work GBVH, provide referrals to support or advocacy agencies, advise the Worker of their rights and the WRC’s policy regarding applying for unemployment insurance, and maintain a separate and confidential record of Worker’s status as a person who reportedly experienced GBVH or non-work GBVH, so that their rights and privileges of employment are not impacted or compromised as a result of the GBVH or non-work GBVH.
Access to Unemployment Insurance Benefits in the United States
The WRC recognizes that in certain situations a Worker who has experienced or is experiencing GBVH may reasonably determine that it is no longer physically, mentally and/or emotionally safe and healthy for them to continue working for the WRC. In such a circumstance, the WRC may determine not to contest a Worker’s application for unemployment insurance benefits and will provide reasonable support for the Worker in this process.
Protection and Restraining Orders
The WRC recognizes that a Worker experiencing GBVH or non-work GBVH may seek from a court an order of protection, or may receive a protection or restraining order, as part of their efforts to become safe and as part of their Workplace safety plan. The WRC recognizes that the Workplace may or may not be included on an order as a location from which a perpetrator of GBVH or non-work GBVH must remain away. If the Worker chooses to disclose the existence of a protection or restraining order to the WRC, the WRC will use reasonable best efforts to assist the Worker to enforce their order, shall archive said order in a confidential and separate file from Worker’s personnel file, and, if applicable, may assist the Worker to gather documentation from the Workplace, such as emails or voice messages, that could support the Worker’s efforts in the justice system or otherwise to obtain or maintain safety from a perpetrator of GBVH or non-work GBVH.