English
EspañolDo I have the right to take time off from my job to deal with domestic violence or sexual assault committed against me?
You have the right to take time off from your work to handle your domestic violence or sexual assault situation. The law says that your employer cannot fire, suspend, discriminate, or seek revenge against you for taking time off if you:
- are a victim or witness to a crime, including domestic violence, and have been ordered to appear in court as a witness in a judicial proceeding;1 or
- are a victim of domestic violence or sexual assault, and need to get or try to get help to ensure your or your child’s health, safety, or welfare, such as:
- medical treatment;
- social services;
- mental health services;
- a temporary restraining order;
- a restraining order; or
- other help from the court known as “injunctive relief.”2
1 16 V.I.C. § 99c(a)
2 16 V.I.C. § 99c(b)
What is considered to be “domestic violence” under the law?
Domestic violence against a victim means an attempt, threat, or actually committing:
- assault;
- battery;
- burglary;
- kidnapping;
- unlawful sexual contact;
- rape;
- forcible or unlawful entry;
- coercion;
- destruction of property;
- harassment;
- threats;
- false imprisonment;
- stalking; or
- violation of a restraining order.1
“Victim” includes any person who has been subjected to domestic violence by a:
- spouse;
- former spouse;
- parent;
- child;
- any other person related by blood or marriage;
- present or former household member;
- person with whom the victim has a child in common; or
- person who is, or has been, in a sexual or otherwise intimate relationship with the victim.2
1 16 V.I.C. § 91(b)
2 16 V.I.C. § 91(c)
What is considered to be “sexual assault” under the law?
The following acts are considered sexual assault under U.S. Virgin Islands law:
- aggravated rape (1st and 2nd degree);
- rape (1st, 2nd, 3rd degree); and
- unlawful sexual contact (1st and 2nd degree).
Am I protected if the abuser is harassing or stalking me at my job?
The law says that an employer may not fire, suspend, or discipline you if:
- you receive any of the following at your workplace by someone who committed domestic violence against you:
- an unwanted visit;
- unwanted telephone calls;
- harassing e-mails;
- packages; or
- you are stalked by the abuser at the job site.1
However, your employer may require you to get a restraining order for your protection after the first incident on the job.1
1 16 V.I.C. § 99c(c)
