New law expands protection for domestic violence victims

Gov. Eloy S. Inos signed two public laws and one local law on Friday, including one that provides work-related protection to victims of domestic violence, sexual assault, stalking, and teen dating violence.

The governor also signed a public law allowing the use of certain nets for fishing on Rota and a local law renaming the Kagman fire station on Saipan.

Inos signed Rep. George Camacho’s (R-Saipan) House Bill 18-82, House Draft 1 or the Anti-Violence Leave Act of 2013, into Public Law 18-31, recognizing that the current Family Medical Leave Act does not provide heightened regulations needed to offer victims work-related protection.

Under the new law, an employer may not discharge, discriminate, or retaliate against an employee who is a victim of domestic violence or sexual assault while the victim is trying to comply with court orders or subpoena, or for taking time off from work to seek a temporary restraining order or any other relief to help ensure the victim or the victim’s children’s health, safety, and welfare.

As a condition of taking time off, the employee shall give the employer a reasonable advance notice, unless the advance notice is not feasible.

When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee—within a reasonable time after the absence—provides a certification to the employer.

The certification shall be in the form of any of the following: 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 or other evidence from the court or prosecuting attorney that the employee has appeared in court; documentation from a medical professional, social worker, domestic violence advocate, health care provider, or counselor that the employee was undergoing treatment as a result of domestic violence or sexual assault.

To the extent allowed by law, “the employer shall maintain the confidentiality of any employee requesting leave” under the new law.

Any employee discharged, threatened with discharge, demoted, suspended, discriminated, or retaliated against for taking time off from work “shall be entitled to reinstatement and reimbursement for lost wages and work benefits” caused by the employer’s action.

The employer faces misdemeanor charges for willfully refusing to rehire, promote or restore an employee or former employee covered by the new law.

Violations of the law carry a fine of $1,000 to $10,000 and/or imprisonment of 30 days to five years.

The governor also signed Rep. Teresita Santos’ (R-Rota) House Bill 18-106, House Draft 1 or a fishing bill into Public Law 18-32.

The new law authorizes the use of one-half-inch net mesh to catch bigeye scad or atulai, as well as allows net fishing for goat fish or tiao during their seasonal run on Rota.

Inos also signed Rep. Antonio Agulto’s (Ind-Saipan) House Local Bill 18-20 into Saipan Local Law 18-8, renaming the Kagman Fire Station #5 the “Ernie T. Dela Cruz Fire Station #5” in honor of the late firefighter III’s more than 17-year service in government.