In
September, the issue of domestic violence – and how employers should respond in
such cases – exploded in the national media and into the public consciousness.
On
September 8, star running back Ray Rice was released by his employer, the Baltimore
Ravens, and indefinitely suspended by the NFL
after a second video surfaced of his February assault on his
then-fiancée (and now wife) Janay Rice. A few days later, Minnesota Vikings
running back Adrian Peterson was deactivated by his team after being indicted
for abusing his four year-old son.
Fortunately
several states, including Massachusetts, are beginning to institute laws
regarding how victims of domestic violence should be treated in the workplace,
and are establishing guidelines for their recovery leave.
On
August 8, 2014, Massachusetts Governor Deval Patrick passed “An Act Relative to
Domestic Violence” (ARDV). The new law requires all employers who have over 50
employees to grant up to 15 days of leave per 12-month period to an employee who
is a victim – or whose immediate family member is a victim – of domestic
violence, stalking, kidnapping, or sexual assault. The ARDV does not apply to the aggressor; it only
applies to the victim of the attack.
The
decision about whether the time away is a paid or unpaid leave is solely at the
discretion of the employer. In addition, the employer can require the
individual to use all other available forms of leave first.
An
employee who requests a Domestic Violence Leave must use the leave time to focus
on issues directly relating to the abuse. This includes activities such as seeking
different housing, legal or law enforcement assistance, medical attention, or
counseling. Under the ARDV, employers can require supporting documentation for
an employee’s domestic violence leave request. Court documents, police reports,
or medical documents are examples of sufficient supporting documentation.
If
possible, the employee must provide his/her employer with appropriate notice of
ARDV leave. There is an exception to this if the victim is facing immediate
risks to his or her well-being. If this is the case, the victim, a family
member, or a creditable medical professional has three business days to inform
the employer that the time off was a result of domestic violence.
It
is important to note that here in Massachusetts, employees who use the ARDV
leave law are also legally covered under the state’s anti-retaliation law. They
may not be terminated, receive reduced employment benefits, and may not be penalized
for the leave time so long as the employee provides the supporting
documentation of the domestic violence within 30 days of returning to work.
Once
the employee returns to work, the individual is entitled to return to the same
or comparable position within the company. In addition, the employer must keep
all information about the employee’s domestic violence leave strictly
confidential.
Employers
are obliged to notify employees of their rights under the ARDV. An efficient
way to do this is by sending a notice of the new law and its provisions to employees
or by making revisions to the company’s leave policies. If an employer suspects misuse of the
Domestic Violence Leave, it is recommended that the company contact the state Attorney
General’s office for further investigation.
