Domestic Violence Leave: FAQ for Facilities

An estimated 10 million people suffer abuse from an intimate partner every year in the U.S. These statistics are often underreported, as the sensitive nature of the topic makes it difficult for individuals to disclose and discuss. Victims of domestic violence are often unsure of their rights, and unaware of how their employer can assist them through the challenges.

One of the key ways a facility can help care for its caregivers is through domestic violence leave, also known as family violence leave. This time off of work allows your employee time to recover and heal from trauma and helps build trust in the workplace.

While it’s important to comply with all applicable laws surrounding leave from work for domestic abuse, it’s also key to creating a safe, healthy working environment for your staff. By empowering your employees with support and resources, you can optimize workplace productivity and help your team members get back on their feet.

Understanding Domestic Violence Leave: FAQ

Before diving into the intricacies and sensitivities of this type of leave, it’s important to define domestic violence and list the signs and symptoms often demonstrated by employees suffering from abuse. In this FAQ, we introduce the concept of family and domestic violence, explain the basics of the leave process, and provide tips for employers looking to support and empower their employees during this stressful time.

What is considered domestic violence?

This abuse can take many different forms; domestic violence is commonly defined as abusive physical, sexual, emotional, or economic behavior used by one intimate partner to gain power and control over the other. Examples include but are not limited to:

• Behavior used to threaten, stalk, harass, or exploit (in person or over technological platforms)
• Biting, scratching, hitting, and hair pulling
• Coercing sexual contact without the other’s consent
• Damaging an individual’s self-esteem through constant criticism or name-calling
• Restricting a person’s access to money to which they’re entitled

Some health issues that result from domestic violence (bruising, broken bones, abrasions) are easily seen, while others (gastrointestinal bleeding, miscarriage, anxiety, depression) are less obvious. Financial hardship resulting from lost wages and social difficulties from relationship stress can add to the burden.

Be mindful of behavioral changes like flatness and tearfulness, changes in attendance, and dips in performance — these could be signs that an employee is involved in an abusive relationship. Encouraging difficult conversations with your team members to identify violence at home could be the key to helping them through these challenges.

An employee involved in an abusive relationship at home may come to you asking for leave related to an instance of domestic abuse. A responsible employer is able to identify warning signs and provide support for your team members in a clear and timely manner to assist them in their time of need, even if you’re not informed about the underlying abuse.

What does family violence leave look like?

One study shows that 64% of individuals who reported having experienced domestic violence stated that their ability to work was affected by the abuse. Allowing your employee domestic violence leave can help them maintain economic security, self-esteem, and independence as they move forward. This leave can include:

• Paid, protected time off without fear of termination.
• Free, employee-sponsored counseling services.
• Last-minute schedule changes.
• Implementation of safety procedures (such as changing employee phone number and email).
• Job transfer or relocation to a different facility or office within the system.

Employees who are granted leave related to domestic abuse use it to:

• Seek medical attention for injuries sustained by domestic violence.
• Obtain a restraining order.
• Relocate or install security features in the home to protect against future attack.
• Seek legal assistance and attend court-sanctioned proceedings.
• Begin psychological counseling.
• Retreat from the stresses of daily life to recover psychologically and emotionally.

Showing your employee that their needs are prioritized demonstrates exceptional trauma-informed care, exhibits loyalty, and improves nurse retention within the workplace. The safety and health of your team members is important, and there are federal and state laws to abide by. Help your facility maintain compliance by familiarizing yourself with these laws.

Are there federal laws in place for domestic violence leave?

Federal legislation addressing leave from work for domestic abuse is limited. The Family and Medical Leave Act (FMLA) allows for up to 12 weeks of unpaid, protected leave for an employee to care for any serious medical condition for themselves or a family member. This policy covers injuries caused by abuse.

As the employer, you’re permitted to request that the FMLA leave be verified by medical documentation. The employee, however, is not required to provide the exact diagnosis of their condition.

FMLA protections are limited to companies employing at least 50 staff members, which means it may not apply to many smaller facilities like nursing homes and home-based care agencies. Many states have created their own laws that expand on the federal protections of FMLA to protect their employees in these circumstances.

What are the domestic violence leave laws by state?

States have the opportunity to create individual domestic violence policies, in addition to federally mandated laws, to better serve their residents. Over 20 states have unique legislation addressing leave for domestic abuse.

Some similarities are seen across all state policies, such as employee confidentiality rights and protected unpaid time. State laws may differ in the length of time an employee can take off for situations involving domestic violence, how that time is paid, and the type of documentation required for accommodation.

States including Florida, North Carolina, and Oregon allow the use of paid time from accrued sick or vacation leave banks for domestic violence related circumstances. New Jersey and Massachusetts mandate the posting of relevant state law in each facility or on the hospital website. Other states — like Georgia — have no policy in place and defer to federal FMLA-required protections.

Because the law varies greatly by state and company size, many health systems and facilities have taken on the responsibility of creating their own in-house domestic violence leave policies to cover their employees. Administrators that do this show respect and understanding toward their team members, building a positive reputation and assisting in recruitment for their facility.

Domestic Abuse Resources for Facilities

Empowering your staff with the information they need helps to build confidence between your facility and its team members, preventing burnout and reducing turnover. Because federal and state leave policies pertaining to domestic abuse are vague, facilities are often responsible for expanding on the legislation already in place to develop robust strategies for employee protection.

We’ve listed a few resources below, in addition to the pages already linked above, that could be helpful for facilities looking to build a more educated and resilient workforce through the provision of protected leave.

Learn More Ways to Better Serve the Needs of Your Employees

Healthcare facilities pride themselves on the compassion they provide to their patients. By providing domestic violence leave for your employees, you’re showing the same high quality of care. Don’t miss out on other helpful management tips and guides; read IntelyCare’s newsletter for more examples of how to improve your facility for your staff and your patients.

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.