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1. STATEMENT OF POLICY
1.1 State of Maryland is dedicated to the
prevention and elimination of
domestic
violence.
1.2 The State of Maryland seeks to create a
supportive workplace environment
in which
employees feel comfortable discussing domestic violence and
seeking
assistance for domestic violence.
1.3 The State of Maryland has a zero
tolerance policy for domestic violence at
the
work place and will take appropriate disciplinary action and/or
criminal prosecution against any employee or non-employee who commits
an
act of domestic violence in state offices, facilities, work sites, vehicles,
or
while conducting any state business.
2. LEGAL AUTHORITY
2.1 Executive Order 01.01.1998.25; Domestic Violence and the Workplace
2.2 Maryland State Personnel and Pensions Article, Title II
2.3 Code of Maryland Annotated Regulations (COMAR 17.04.04)
3. DEFINITIONS
3.1 Domestic Violence - Abusive behavior whereby a
person intends to
establish and maintain
power and control over a person with whom he or
she has, or has had, a
significant personal relationship. Power and control
are exerted through
physical, sexual, psychological and or economic
means. Examples of
domestic violence include, but are not limited to:
(i) Intimidation;
(ii) threats to cause harm;
(iii) verbal harassment;
(iv) disorderly conduct;
(v) crimes against property;
(vi) violation of an ex parte or protective order;
(vii) display or discussion of weapons;
TATE OF MARYLAND PERSONNEL POLICY __________________________________________________________________________________ SUBJECT: Domestic Violence and the
Workplace
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(vii) homicide;
(ix) assault and battery;
(x) rape; and
(xi) stalking.
3.2 Perpetrator - An individual who commits an act of domestic violence.
3.3 Victim - An individual who is subject to an act of domestic violence.
4. CONFIDENTIALITY
4.1 In order to ensure the safety of all employees
and to comply with the law
(including the Public
Information Act), any information related to
domestic violence or
the State's response to domestic violence will only be
disclosed on a need to
know basis
5. WORK ENVIRONMENT
5.1 All employees should be sensitive and nonjudgmental
when supporting
victims of domestic
violence.
5.2 An employee shall not be disciplined or penalized in
the workplace for
being a victim of
domestic violence.
5.3 When an employee subject to discipline confides that
the job performance
or conduct problem is
caused by domestic violence, the employee shall be
referred to the State's
Employee Assistance Program.
5.4 The employee's participation in the State's Employee
Assistance's Program
is voluntary.
TATE OF MARYLAND PERSONNEL POLICY __________________________________________________________________________________ SUBJECT: Domestic Violence and the
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SECTION: |
6. DISCIPLINARY PROCEDURES FOR EMPLOYEES WHO COMMIT
ACTS OF DOMESTIC VIOLENCE
6.1 An employee who is found to commit an act of
domestic violence in the
workplace may be
subject to disciplinary action, up to and including
termination.
6.2 An employee who is found using any state resources
such as work time,
workplace phones,
facsimile machines, mail, electronic mail, or other
means to commit an act
of domestic violence may be subject to
disciplinary action, up
to and including termination.
7. EMPLOYEE RESPONSIBILITIES
7.1 All employees shall:
7.1.1 attend Domestic Violence and the Workplace Training; and
7.1.2 immediately report
to the police, security or an agency designee
any threats or acts of domestic violence in the workplace that
may be experienced or witnessed.
8. VICTIM RESPONSIBILITIES AND ASSISTANCE OPTIONS
8.1 Employees who are victims of domestic violence shall:
8.1.1 notify their
supervisor of the possible need to be absent and discuss
possible leave options;
8.1.2 discuss with their
supervisor plans to return to work and the
appropriate reporting procedures;
8.1.3 if necessary and
available, make alternate arrangements to receive
a paycheck; and
TATE OF MARYLAND PERSONNEL POLICY __________________________________________________________________________________ SUBJECT: Domestic Violence and the
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8.1.4 work with the
supervisor to ensure that adequate safety
measures are in place.
8.2 Employees who are victims of domestic violence may:
8.2.1 speak to their
Agency Employer-Employee Relations Unit about
available assistance;
8.2.2 contact their local
service provider or the Maryland Network
Against Domestic Violence Helpline;
8.2.3 call the local police if in immediate danger; and
8.2.4 work with the local service provider to create a safety plan.
8.2.5 contact the State's
Employee Assistance Program for confidential
consultation and resources.
9. PERPETRATOR RESPONSIBILITIES
9.1 Employees who are perpetrators of domestic violence shall:
9.1.1 contact the State's
Employee Assistance Program office for
confidential consultation and resources; and
9.1.2 contact an abuser's intervention program.
10. SUPERVISOR RESPONSIBILITIES
10.1 Supervisors shall:
10.1.1 ensure that each
employee is provided with a copy of this
Domestic Violence Policy;
10.1.2 participate in Domestic Violence and the Workplace Training;
10.1.3 immediately refer
any employee, known to be the victim or the
perpetrator of domestic violence, to the Employee Assistance
TATE OF MARYLAND PERSONNEL POLICY __________________________________________________________________________________ SUBJECT: Domestic Violence and the
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10.1.4 maintain the
confidentiality of all information related to an
employee's involvement in a situation relating to domestic
violence; and
10.1.5 post educational materials on domestic violence as required.
10.2 The posting of materials may include, but is
not limited to the following:
locker rooms, bulletin boards, rest rooms, inserts in paycheck stubs, inter-
office memos, and newsletters. Educational materials may take the form
of posters, brochures, informational cards and flyers, etc.
11. AGENCY EMPLOYEE ASSISTANCE PROGRAM COORDINATOR
RESPONSIBILITIES
11.1 Agency Employee Assistance Program Coordinators shall:
11.1.1 participate in Domestic Violence and the Workplace Training;
11.1.2 maintain up-to-date
referral resources on domestic violence
hotlines, advocacy groups, shelters, counseling services, and legal
services (pro bono legal assistance and domestic violence/family
court information);
11.1.3 maintain up-to-date
resources for perpetrators, including abusers'
intervention programs; and
11.1.4 maintain the
confidentiality of all information related to an
employee's involvement in a situation relating to domestic
violence.
12. DEPARTMENT OF BUDGET AND MANAGEMENT (DBM)
EMPLOYEE RELATIONS DIVISION RESPONSIBILITIES
12.1 The DBM Employee Relations Division shall:
12.1.1 participate in
Domestic Violence and the Workplace Training;
TATE OF MARYLAND PERSONNEL POLICY __________________________________________________________________________________ SUBJECT: Domestic Violence and the
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12.1.2 maintain up-to-date
referral resources on domestic
violence hotlines, advocacy groups, shelters, counseling services,
and legal services (pro bono legal assistance and domestic
violence/family court information);
12.1.3 maintain up-to-date
resources for perpetrators, including abusers'
intervention programs; and
12.1.4 maintain the
confidentiality of all information related to an
employee's involvement in a situation relating to domestic
violence.
13. SAFETY
13.1 Each agency shall make reasonable efforts to
maximize the safety of all
employees.
13.2 These efforts may include, but are not
limited to: escort services,
improved lighting, working closely with appropriate law enforcement
agencies, relocation of employee's work station, installation of security
cameras or silent alarms and strict enforcement of current security
procedures.
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Updated March 11, 2002