HR leaders need to craft better paid leave policies for abuse victims, advocates say

Getting time off work to deal with and recover from potentially traumatizing personal situations like sexual assault, domestic violence and harrasment isn’t possible for many victims.

There isn’t a federal law in the U.S. mandating such leave, just patchwork state laws that outline employers must give some time off. In some states, laws actually make victims use their sick leave. In many, the leave they can take isn’t paid.

“They’re risking their financial security vs. being able to deal with the consequences of abuse,” said Sabrina Hamm, director of systems change initiatives at Free From, a nonprofit dedicated to getting pathways to security for victims of gender violence.

But some companies have created their own policies around gender-based violence leave to let employees know they will be supported, especially financially, as they deal with such draining and tumultuous circumstances. 

“They're risking their financial security versus being able to deal with the consequences of abuse."

Sabrina Hamm, director of systems change initiatives at Free From, a nonprofit.

During the pandemic, stay-at-home orders drove a rise in domestic violence, with cases increasing 8% following initial lockdowns, according to a report by the National Commision on COVID-19 and Criminal Justice. According to the Centers for Disease Control and Prevention, one in four women and one in seven men will experience physical violence with their intimate partner at some point during their lifetime. 

“This is really about supporting people who have been harmed and that need to take time off to deal with consequences of abuse, no matter their gender identity,” Hamm said. 

In 2021, Facebook announced a new policy allowing staff globally up to 20 days off paid a year if they or a family member is a victim of domestic violence or sexual assault.

That same year Kering Group, a French luxury designer group, announced an initiative to support victims of domestic violence. While lacking specifics, the program allows the employer to “adjust an employee’s working conditions (changing the location, introducing flexible working hours, etc.), and can also provide specific leave and other financial assistance,” according to a release. 

In the U.S., some key challenges with individual policies and patchwork state laws are around how such leave policies are applied. Some states only mandate employers of a certain size offer that leave, and some states require victims to be employed full-time, for instance.

Documentation and requirements of proof can also vary. Some documentation that might be required in certain states could include police reports, restraining orders or written statements from a counselor or domestic violence support coordinator.

“What I see with proof is there’s just an inherent distrust of survivors, which is really problematic,” Hamm said. 

Under Free From’s own policy, staff can take unlimited gender-based violence leave without disclosing any of the specifics to their employer. “It’s no questions asked. If you ask for the leave, no one is going to ask you questions. You’re not going to have to answer any questions that you don’t want to answer,” said Sonya Passi, co-founder and CEO of FreeFrom.

“It's a societal problem, and as employers we really are pillars of our society, which means taking on some of that responsibility."

Sonya Passi, co-founder and CEO of FreeFrom, a nonprofit.

Another key component of Free From’s own policy is that the leave is paid. “We believe that no one can afford safety on less than a living wage,” Passi said. 

Ultimately, the policy is to “let our employees know that we understand as employers, being part of the burden of systemic problems and gender violence, it’s not something that individuals should have to deal with alone,” she said. “It’s a societal problem, and as employers we really are pillars of our society, which means taking on some of that responsibility.”

In late 2020, Free From partnered with Berkshire Bank, a community bank with locations in the Northeast and about 1,500 employees, to create its new gender-based violence leave policy. It provides staff with 15 days of paid leave a year to deal with domestic violence situations. That time off might be used to deal with seeking medical care, attending court proceedings or relocating.

“These new enhancements go beyond the mandated requirements of state laws to offer additional support for survivors and their families impacted by this type of abuse,” a release from the bank said.