Is leave required for a domestic abuse victim?
Missy has been showing up late to work the past few weeks. She has been distracted while talking to customers. She has also been caught several times using her cell phone on the sales floor, which is against company policy. This morning, she came into your office with a black eye and confided that she is trying to get out of an abusive relationship with her boyfriend. She asks you for time off to “take care of some things,” but she doesn’t have any PTO available. Should you give her time off?
Is leave required for a domestic abuse victim?: Answer
Answer: Whether you must grant time may depend on what state you are in. Many states have domestic violence leave laws (or crime victim leave laws) designed to help individuals like Missy get out of an abusive situation.
These laws generally require an employer to provide time off, usually unpaid, for the employee to find a safe place to live, find an attorney, obtain a restraining order, or get counseling. The amount of leave allowed varies by state and can be anywhere from three days to 12 weeks. Even if your state doesn’t have a law, you may be able to refer the employee to an assistance program for help.
If the Family and Medical Leave Act (FMLA) applies to your company and Missy is eligible, she may qualify for unpaid leave through this federal law. FMLA allows certain employees to take up to 12 weeks off every 12 months for their own serious health conditions, or to care for a family member with a serious health condition (among other things). An employee who is physically injured or develops psychological trauma as a result of domestic violence might be entitled to FMLA leave. An employee might also be able to take time off to care for a parent or child who has been a victim of domestic violence.