Domestic violence in the workplace has a significant impact on the abused employee as well as the rest of the staff. It can have a significant impact on the victim’s physical and mental health, and can also affect other aspects of the victim’s life, including work. According to Employers Against Domestic Violence, 71 percent of EAP providers dealt with employees being stalked at work by a current or former partner, and 83 percent helped an employee obtain a restraining order.
With such a serious issue to contend with, employers need to understand how to handle the situation when they discover domestic violence in the workplace. Employers face many different scenarios, one of which is an employee who needs to take FMLA leave as a result of domestic violence.
Domestic Violence in the Workplace: How Does FMLA Apply?
The FMLA allows for up to 12 workweeks of unpaid leave for the care for a spouse, child, or parent of employee with serious health condition, or for the employee’s own serious health condition. It also guarantees reinstatement to the same or equivalent position upon return from leave. This is quite relevant when discussing domestic violence in the workplace:
“The Family and Medical Leave Act obviously comes into play in many instances because the issues related to domestic violence can indeed constitute a serious health condition, defined under FMLA as an illness, injury, impairment, or physical or mental condition that involves a) inpatient care in a hospital, hospice, or residential medical care facility; or b) continuing treatment by a health care provider. These can of course happen as a result of domestic violence—either at the workplace or at home.” Charles W. Pautsch outlined in a recent BLR webinar.
Since the FMLA also offers leave to care for family members with a serious health condition, this is very relevant for victims of domestic violence.
“It comes into play because surveys show that about 75 percent of battered women say their children are also physically or sexually abused. Therefore, an employee who is the victim of domestic abuse very likely may need to seek FMLA leave for a serious health condition of a child.” Pautsch explained.
Intermittent leave is also an issue when discussing domestic violence in the workplace. Many people with issues in this area will need intermittent leave because the abuse pattern may be sporadic.
Finally, an employee who is the victim of domestic abuse may qualify for leave even if they do not qualify for FMLA. For example, if that employee is disabled or perceived as disabled, the employer may need to consider leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).
For more information on addressing domestic violence in the workplace, order the webinar recording of “Domestic Violence: Your Obligations to Maintain a Harassment- and Discrimination-Free Workplace.” To register for a future webinar, visit http://catalog.blr.com/audio.
Attorney Charles W. Pautsch is a partner in Arnstein & Lehr LLP’s Milwaukee, Wisconsin, office. He is chair of the firm’s Labor & Employment Practice Group. He has concentrated his practice in labor and employment law for more than 33 years.