Washington DC Addeundum

In addition to the policies and procedures set forth in the University of Denver Employee Handbook (“Handbook”), the information set forth in a particular state addendum applies only to those University of Denver employees working in the state of the applicable addendum. The state addendum modifies the Handbook as set forth below.

 

In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:

 

  • If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).

 

  • If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.

 

For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy  and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX.  For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.

 

Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.

 

The District of Columbia

 

Domestic Violence Leave

 

District of Columbia employees who are victims, or whose family members are victims of domestic violence, sexual assault, or stalking may take unpaid time off under this policy (as long as the employee is not the alleged perpetrator) to:

 

  • Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or their family members including, but not limited to, preparing for or participating in any civil, administrative, or criminal legal proceeding related to domestic violence, sexual assault, or stalking;

 

  • Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a victim who is the employee's family member;

 

  • Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;

 

  • Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee's family member was a victim of domestic violence, sexual assault, or stalking; or

 

  • Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family members from future domestic violence, sexual assault, or stalking.

 

For purposes of this policy, “family member” means the employee’s child, spouse, domestic partner, parent, parent-in-law, child-in-law, sibling, sibling-in-law, grandparent, or person with whom the employee shares or has shared, for not less than the preceding 12 months, a mutual residence with whom the individual maintains a committed relationship.

 

The University of Denver will provide reasonable safety accommodations to an employee who is or has a family member who is a victim of domestic violence, sexual assault or stalking if the employee has disclosed the employee’s or their family member’s status as a victim to the University of Denver; the employee requests a reasonable accommodation for their safety while at work; and the accommodation is reasonable and would not pose an undue hardship on the University of Denver. A reasonable safety accommodation may include, but is not limited to, a transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation (typically for employees who are not remote), or any other reasonable adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking.

 

Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy, if practicable. If advance notice is not practical, employees must provide notice as soon as practical.

 

The University of Denver may request reasonable documentation of the need for such leave or reasonable accommodation, including, but not limited to:

 

  • A copy of a police report;

 

  • A court order protecting or separating the employee or employee's family member from the perpetrator of the act;

 

  • Other evidence from the court or the prosecuting attorney that the employee or their family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking;

 

  • Documentation from any of the following people from whom the employee or employee's family member sought assistance in addressing domestic violence, sexual assault, or stalking: an advocate for victims of domestic violence, sexual assault, or stalking; an attorney; a member of the clergy; or a medical or other professional; or

 

  • An employee’s written statement that the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking and that the leave taken, or accommodation sought, was for one of the purposes described above.

 

The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential, except to the extent that disclosure of such information is:

 

          • Requested or consented to in writing by the employee;

 

          • Required by applicable federal, state or local law;

 

          • Necessary to protect other employees from imminent harm; and/or

 

          • Necessary to provide reasonable accommodation.

 

The University of Denver will notify the employee of any necessary disclosure.

 

The University of Denver will not discriminate or retaliate against employees for requesting or taking leave or seeking reasonable accommodation under this policy. Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.

 

Equal Employment and Anti-Discrimination Policy

 

This is only an excerpt of the University of Denver’s Non-Discrimination Statement and Discrimination and Harassment policy with state specific information included in italics. Please refer to the complete policy for further information.

 

The University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values.

 

The University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In D.C.: age (18 and older), race, color, religion, national origin, sex (including pregnancy, childbirth, reproductive health decisions, breastfeeding, and related medical conditions), marital status, personal appearance (including style of dress and personal grooming), sexual orientation, gender identity or expression, family responsibilities (including being the subject of proceedings for child support payments), genetic information, disability, matriculation (for example, attending a university or a vocational school), political affiliation, status as a victim or family member of a victim of domestic violence, a sexual offense or stalking, creditworthiness, credit standing, credit capacity, credit history, and genetic information

 

Information about the District of Columbia Office of Human Rights can be found at ohr.dc.gov/page/EEOcounselors or by calling 202-727-4559.

 

District of Columbia Family and Medical Leave

 

The University of Denver provides family and medical leave in accordance with the District of Columbia Family and Medical Leave Act (DCFMLA).

 

Employees in the District of Columbia are eligible for DCFMLA leave if they have been continuously employed by the University of Denver for at least one year and worked at least 1,000 hours within the 12-month period before the leave.

 

Eligible employees may take up to 16 weeks of unpaid leave in a 24-month period for their serious health condition.

 

Additionally, eligible employees may take up to 16 weeks of unpaid leave in a 24-month period for the following reasons:

 

  • To care for the employee's child after birth or placement for adoption or foster care;

 

  • For placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibility; or

 

  • To care for the employee’s family member with a serious health condition.

 

“Family member” for purposes of DCFMLA includes: any person to whom the employee is related by blood, legal custody, or marriage; any person with whom the employee has shared  a committed relationship and a mutual residence in the last year; a foster child; and any child who lives with the employee and for whom the employee has permanently assumed parental responsibility or for whom the employee is the legal custodian.

 

Leave under this policy is unpaid. Employees may be eligible to receive partial wage replacement benefits from District of Columbia during all or part of DCFMLA leave. The amount of the benefit is determined by a sliding scale based on the employee’s income, up to 90% of their average weekly wage and a maximum of $1,049 for each week they are on leave. Benefits determinations are made by the District of Columbia Office of Paid Family Leave. For more information, go to https://dcpaidfamilyleave.dc.gov.

 

Employees may substitute any available vacation and up to ten days of paid sick leave for unpaid DCFMLA leave.

 

Employees may be able to take leave on an intermittent (in blocks of time, or by reducing their normal weekly or daily work schedule) or reduced work schedule basis. Such leave will be granted on a case-by-case basis.

 

Employees must provide the University of Denver with reasonable prior notice, if foreseeable, and make a reasonable effort to schedule the medical treatment to not unduly disrupt the Organization’s operations, subject to the approval of the patient’s health care provider.

 

The University of Denver may require that employees provide a certification from a health care provider as to the date when the serious health condition began, its probable duration, appropriate medical facts that would entitle the employee to take leave, and an estimate of the amount of time that the employee will be unable to perform their job. If the University of Denver has reason to doubt a certification’s validity, the University of Denver may require the employee to obtain a second opinion, approved and paid for by the Organization. If the second opinion differs from the original certification, a third opinion may be obtained at the Organization’s expense from a mutually agreed-upon health care provider. This third opinion is final and binding. The University of Denver may require subsequent recertification on a reasonable basis.

 

During DCFMLA leave, the University of Denver will maintain the employee’s coverage under any applicable group health plan, at the same level and under the same conditions that coverage would have been provided if the employee were not on DCFMLA leave. Employees must continue to pay the employee portion of the insurance premium. Employees on DCFMLA leave will be entitled to all employment benefits and seniority accrued before the leave began, but they will not accrue seniority or benefits during DCFMLA leave.

 

Upon return from DCFMLA leave, employees will be reinstated to their former position or an equivalent position with equivalent employment benefits, pay, seniority, and other terms and conditions of employment. However, if they are a salaried employee among the ten highest paid employees, the employee may be denied reinstatement if the University of Denver demonstrates a substantial economic injury to its operations not related to the leave and promptly notifies the employee of the denial and the reasons for it.

 

The University of Denver will not discharge or in any other manner discriminate against employees for requesting or taking DCFMLA leave. The University of Denver will also not interfere with, restrain, or deny an employee’s exercise of (or attempts to exercise) any rights provided by the DCFMLA.

 

Holidays

 

This is only an excerpt of the University of Denver’s Holidays policy with state specific information included in italics. Please refer to the complete policy for further information.

 

Employees in the District of Columbia may also take an unpaid day off each year on April 16th, the District of Columbia Emancipation Day, if the time off does not disrupt the Organization’s business and make the achievement of product or service delivery unusually difficult. Employees must notify the University of Denver of the desire for time off to celebrate the District of Columbia Emancipation Day at least 10 calendar days in advance. While the employee’s time off is unpaid, employees may elect to use any available vacation for time off taken to celebrate this holiday.

 

Internal Pay Transparency

 

District of Columbia employees will be provided a notice of hire containing wage rate and other payment details upon hiring or any time the information changes. Both employee and employer will receive a signed copy of the notice.

 

Jury Duty Leave

 

The University of Denver encourages all employees to report for jury duty.

 

Leave under this policy is unpaid. However, exempt salaried employees will not have their pay reduced for any week in which they work and also miss time for jury duty.

 

After receiving a summons for jury duty, employees must notify the University of Denver as soon as reasonably possible. The University of Denver may request reasonable documentation of jury duty service to the extent permitted by law. The University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty.

 

Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.

 

Leave for School-Related Events

 

District of Columbia employees who are parents may take up to 24 hours of unpaid time off per 12 month period to attend or participate in school-related events for their child. For purposes of this policy, a “school-related event” means an activity sponsored by either a school or an associated organization such as a parent-teacher association, including: a student performance such as a concert, play, or rehearsal; a sporting game of a school team or practice; a meeting with a teacher or counselor; or any similar type of activity.

 

Employees must provide at least ten days of advance notice of the need for leave under this policy unless the need for leave cannot be reasonably foreseen. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.

 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.

 

Organ & Bone Marrow Donation Leave

 

District of Columbia employees may take up to 7 days of paid leave to serve as a bone marrow donor and up to 30 days of paid leave to serve as an organ donor. Employees must provide the University of Denver notice as soon as possible that leave under this policy is needed. The University of Denver may request reasonable documentation of the need for such leave, including, but not limited to verification from a physician of the purpose and length of each leave.

 

Paid Family Leave

The University of Denver provides family and medical leave in accordance with the District of Columbia Family and Medical Leave Act (DCFMLA).

 

Employees in the District of Columbia are eligible for DCFMLA leave if they have been continuously employed by the University of Denver for at least one year and worked at least 1,000 hours within the 12-month period before the leave.

 

Eligible employees may take up to 16 weeks of unpaid leave in a 24-month period for their serious health condition.

 

Additionally, eligible employees may take up to 16 weeks of unpaid leave in a 24-month period for the following reasons:

 

  • To care for the employee's child after birth or placement for adoption or foster care;

 

  • For placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibility; or

 

  • To care for the employee’s family member with a serious health condition.

 

“Family member” for purposes of DCFMLA includes: any person to whom the employee is related by blood, legal custody, or marriage; any person with whom the employee has shared  a committed relationship and a mutual residence in the last year; a foster child; and any child who lives with the employee and for whom the employee has permanently assumed parental responsibility or for whom the employee is the legal custodian.

 

Leave under this policy is unpaid. Employees may be eligible to receive partial wage replacement benefits from District of Columbia during all or part of DCFMLA leave. The amount of the benefit is determined by a sliding scale based on the employee’s income, up to 90% of their average weekly wage and a maximum of $1,049 for each week they are on leave. Benefits determinations are made by the District of Columbia Office of Paid Family Leave. For more information, go to https://dcpaidfamilyleave.dc.gov.

 

Employees may substitute any available vacation and up to ten days of paid sick leave for unpaid DCFMLA leave.

 

Employees may be able to take leave on an intermittent (in blocks of time, or by reducing their normal weekly or daily work schedule) or reduced work schedule basis. Such leave will be granted on a case-by-case basis.

 

Employees must provide the University of Denver with reasonable prior notice, if foreseeable, and make a reasonable effort to schedule the medical treatment to not unduly disrupt the Organization’s operations, subject to the approval of the patient’s health care provider.

 

The University of Denver may require that employees provide a certification from a health care provider as to the date when the serious health condition began, its probable duration, appropriate medical facts that would entitle the employee to take leave, and an estimate of the amount of time that the employee will be unable to perform their job. If the University of Denver has reason to doubt a certification’s validity, the University of Denver may require the employee to obtain a second opinion, approved and paid for by the Organization. If the second opinion differs from the original certification, a third opinion may be obtained at the Organization’s expense from a mutually agreed-upon health care provider. This third opinion is final and binding. The University of Denver may require subsequent recertification on a reasonable basis.

 

During DCFMLA leave, the University of Denver will maintain the employee’s coverage under any applicable group health plan, at the same level and under the same conditions that coverage would have been provided if the employee were not on DCFMLA leave. Employees must continue to pay the employee portion of the insurance premium. Employees on DCFMLA leave will be entitled to all employment benefits and seniority accrued before the leave began, but they will not accrue seniority or benefits during DCFMLA leave.

 

Upon return from DCFMLA leave, employees will be reinstated to their former position or an equivalent position with equivalent employment benefits, pay, seniority, and other terms and conditions of employment. However, if they are a salaried employee among the ten highest paid employees, the employee may be denied reinstatement if University of Denver demonstrates a substantial economic injury to its operations not related to the leave and promptly notifies the employee of the denial and the reasons for it.

 

The University of Denver will not discharge or in any other manner discriminate against employees for requesting or taking DCFMLA leave. The University of Denver will also not interfere with, restrain, or deny an employee’s exercise of (or attempts to exercise) any rights provided by the DCFMLA.

 

Paid Sick Leave

 

Employees accrue paid sick leave at a rate of one hour for every 87 hours worked, up to a total of 24 hours per year. Employees may use up to 24 hours per year of paid sick leave for the following reasons:

 

  • A mental or physical illness, injury or medical condition of an employee or the employee’s family member, including for preventative care, diagnosis, or care;

 

  • If the employee, or their family member, are a victim of domestic violence, sexual abuse, or stalking, time off to:

 

    • Seek medical attention for the employee or the employee’s family member to recover from physical or psychological injury or disability caused by domestic violence or sexual abuse;

 

    • Obtain services from a victim services organization;

 

    • Obtain psychological or other counseling;

 

    • Temporarily or permanently relocate;

 

    • Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse; or

 

    • Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee; or

 

  • Other reasons provided under applicable law.

 

Under this policy, “family member” means: a child, spouse of a child; a spouse, domestic partner; a parent, parents of a spouse; a sibling, spouse of a sibling; grandchildren; and a person with whom the employee shares or has shared, for at least the last twelve months, a mutual residence and a committed relationship. A child includes foster children and a child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility.

 

Employees are entitled to use accrued paid sick days beginning on the 91st day of employment, after which they may use paid sick days as they are accrued. Employees may take sick leave in increments of no less than one hour. Employees may carry over any earned but unused sick leave.

 

If the need for paid sick leave is foreseeable, employees must provide at least ten days advance notice to the Organization and make a reasonable effort to schedule the use of sick days in a manner that does not unduly disrupt the operations of the University of Denver. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees are absent for three or more consecutive days, the University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this policy. Reasonable documentation may include a signed document from a health care provider affirming the illness of the employee; a police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse; a court order; or a signed statement from a victim and witness advocate, or domestic violence counselor affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse.

 

Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from the University of Denver and are rehired within one year from their date of separation, their earned but unused paid sick leave that they had at the time of separation will be reinstated.

 

Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.

 

Sexual Harassment Policy

 

District of Columbia Training

 

If the University of Denver has one or more tipped workers, all owners, managers, and employees will receive sexual harassment training. All newly hired employees will receive training within 90 days of hire. Training may be conducted either online or in-person, but all managers will receive in-person training at least once every two years. Training will be conducted at least every two years.

 

Witness Duty Leave

 

District of Columbia employees may take unpaid time off to appear in court in compliance with a subpoena, court order, or summons as a witness or prospective witness, including in discovery proceedings.

 

Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy. The University of Denver may request reasonable documentation reflecting the need for such leave. The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential, except as required by law. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.

 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.

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