Safe at Home Act Policy

The Kansas Safe at Home Act (2006 Senate Substitute for House Bill 2928, 2006 Kansas Session Laws Ch. 213, codified as K.S.A. 75-451 and K.S.A. 44-1132) permits an employee who is a victim of domestic violence, sexual assault, stalking, and/or human trafficking as defined by state law to have a substitute address created in order to prevent an assailant or probable assailant from easily locating the employee and includes provisions for granting leave. The Act further prohibits employers from discriminating or retaliating against an employee who is a victim of domestic violence or a victim of sexual assault for taking time off from work to, generally, seek legal, medical, or shelter relief related to the domestic violence or sexual assault.

Substitute Address Provisions

An employee who wishes to utilize the substitute address provisions of the Kansas Safe at Home Act must file an application through "certified enrolling assistants". Certified enrolling assistants are law enforcement offices and agencies designated by the Kansas Attorney General to provide counseling and shelter services. The Office of the Attorney General reviews applications and, if appropriate, certifies the employee as a program participant. An approved employee receives a participant card as proof of certification. The certification is valid for 4 years from the date of filing, unless withdrawn or invalidated before that date.

Once certification has been acquired, an employee may update their address in the appropriate Human Resource self-service portal.

For further information regarding the substitute address provisions of this statute, please consult the Attorney General's website.

Leave Provisions

Employees who are victims of either domestic violence or sexual assault may not be discharged, discriminated, or retaliated against in any manner for taking time off work to:

• obtain relief, including a restraining order or other injunctive relief to help ensure the health, safety, or welfare of the victim or the victim’s child(ren);
• seek medical attention for injuries caused by domestic violence or sexual assault;
• obtain services from a domestic violence shelter or program or from a rape crisis center as a result of domestic violence or sexual assault; or
• make court appearances in the aftermath of domestic violence or sexual assault.

Employees must give reasonable advance notice of their intention to take time off, unless such advance notice is not feasible. If the absence is unable to be scheduled or approved in advance, the employee must provide documentation to the appropriate Human Resources Office within 48 hours of their return to work in the form of:

• a police report indicating that the employee was a victim of domestic violence or sexual assault;
• a court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault or other evidence from the court or a prosecuting attorney of a court appearance; or
• documentation from a medical professional, health care provider, domestic violence advocate, advocate for victims of sexual assault, or counselor for treatment of physical or mental injuries or abuse resulting from victimization from an act of domestic violence or sexual assault.

No disciplinary action will be taken for such unscheduled absences if the required documentation is provided within 48 hours after returning to work.

Scheduled Absences: When such absences can be scheduled, employees may use vacation or sick leave for the leave provided by this policy, as appropriate for the reason for their absence. In addition, an employee may also request leave without pay if they do not have any accrued leave, not to exceed eight days per calendar year.

The employee is responsible for submitting any leave requests. The employee and campus leave administrator are responsible for monitoring the eight days of leave without pay maximum.