FMLA, Domestic Violence, and Leave Policies: FAQ for Facilities

An estimated 10 million people suffer abuse from an intimate partner every year in the U.S. Some of those victims include healthcare workers. Given the strain of these situations, affected staff members may be uncertain about their rights or whether they qualify for federally-protected leave, like FMLA. Domestic violence (DV) is also often underreported, so having a clear family violence leave policy (with links to resources like FMLA, which allows 12 weeks of time off for recovery) offers your most vulnerable team members an accessible path toward healing.

To help you protect your workforce and comply with all applicable laws surrounding leave from work for DV, we’ll answer common questions about this sensitive personnel topic. Equipped with knowledge and understanding, you’ll be able to better establish the trusting relationships that drive a safe, healthy work environment

FMLA, Domestic Violence, and Workplace Leave: FAQ

Women make up 87% of the nursing workforce — and as many as one in four of them have or will have experienced DV. Before we discuss ways to help connect these vulnerable team members with the necessary resources (including FMLA for domestic violence), we’ll define DV more precisely (it doesn’t affect only women, for example) and highlight ways to recognize those who may be experiencing it.

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?

In a study of healthcare workers who had endured domestic violence, 85% reported that their abuser directly interfered with their work and 92% reported that their overall ability to work had been affected. For employees like these, allowing 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 address).
• 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.

Does FMLA cover domestic violence leave?

If any of your employees are wondering, Can I get FMLA for domestic violence? the short answer is yes — with employer support and/or medical justification. 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 (physical and/or psychological) caused by abuse.

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

Domestic violence FMLA time-off 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 also have the power to guide compliance and policies beyond federal provisions like FMLA. Domestic violence victims (in some states) have additional time-off protections. Indeed, 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. Differences include 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.

Some states, like Florida, North Carolina, and Oregon, allow the use of paid time off 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. Others — like Georgia — have no policy in place and defer to federal FMLA-required protections.

Because laws vary greatly by state and company size, many health systems and facilities have taken on the responsibility of creating their own in-house leave policies to cover their employees experiencing DV. Examples of policy provisions that go beyond leave allowances include safety planning (like escorting staff members to their car) and trespassing abusers so that they cannot access the affected employee within the public workspace or interfere with patient care.

Domestic Abuse Resources for Facilities

In an environment already rife with burnout and compassion fatigue, employees without a secure or supportive home to recharge from their demanding job face higher risk for debilitating mental health issues. Empowering your staff with the information they need helps to build the trust and gateway to better reporting, allowing your workers to access the necessary resources quicker. Because federal and state leave policies pertaining to domestic abuse are vague, facilities often must assume the responsibility for expanding on the existing legislation to develop robust strategies for employee protection.

We’ve listed a few resources below, from helpline contacts to information about FMLA. Domestic violence victims who work in healthcare settings often face a unique challenge with disclosure. They’re trained to put themselves before others and may feel wary of asking for time off amid short staffing issues. By facilitating awareness and access to these resources, you can help break down those barriers to care for the caregivers who need it most.

Looking for Help Meeting the Needs of Your Employees?

You now have the resources and information you need to begin developing protocols for affected staff that provision case-specific leave (like FMLA). Domestic violence is only one major issue that may affect your staff’s wellbeing. For other tips on protecting your workforce, IntelyCare has you covered with our helpful management tips and facility guides.

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.