(iii) Obtaining psychological counseling related to an incident or
incidents of domestic violence, including for a child who is a victim of
domestic violence, provided that the employee is not the perpetrator of
the domestic violence against the child; or
(iv) Participating in safety planning and taking other actions to
increase safety from future incidents of domestic violence, including
temporary or permanent relocation; or
(v) Obtaining legal services, assisting in the prosecution of the
offense, or appearing in court in relation to the incident or incidents
of domestic violence.
(3) An employer is required to provide a reasonable accommodation for
an employee's absence in accordance with the provisions of subparagraphs
one and two of this paragraph unless the employer can demonstrate that
the employee's absence would constitute an undue hardship to the
employer. A determination of whether such an absence will constitute an
undue hardship shall include consideration of factors such as:
(i) The overall size of the business, program or enterprise with
respect to the number of employees, number and type of facilities, and
size of budget; and
(ii) The type of operation in which the business, program or
enterprise is engaged, including the composition and structure of the
workforce.
(4) An employee who must be absent from work in accordance with the
provisions of subparagraph one of this paragraph shall provide the
employer with reasonable advance notice of the employee's absence,
unless such advance notice is not feasible.