Section II
For the Manager: How the Workplace can Increase Safety and Provide Support
Domestic Violence is a Workplace Issue
The effects of domestic violence can show up at work in the form of reduced work productivity, absenteeism, increased medical expenses, and increased risk of violence at the workplace. According to a nationwide survey* of American women, many of those experiencing domestic violence said that it had a direct impact on their jobs. Many of these women reported that abuse caused them to:
- arrive late to work (40%);
- miss whole days of work (34%);
- have difficulty advancing in their careers (23%);
- have difficulty keeping a job (20%);
*Findings from The Body Shop/YWCA Written Survey. Source: The Body Shop: Blow the Whistle on Violence Against Women: a National Study Examining Women's Experience of Violence in America. SAVVY Management Public Relations, 1998, New York City.
This section of the guide will help the manager to understand that:
There are ways you, as a manager, can be supportive.
Besides knowing about the tools and assistance available in the Federal workplace, there are a number of ways that you can provide support and help to empower the employee. In this section of the guide, you can learn how to recognize the possible signs of domestic violence, how to broach the topic if violence is suspected, and where to refer the employee for the right kind of help.
The Federal workplace offers powerful tools to help employees in crisis.
The Federal workplace offers powerful tools for protecting the safety of an employee who is being abused and for supporting her as she goes about rebuilding her life. You can play an important role by making sure that employees know about, and have easy access to these tools.
There are places to turn in the workplace for support.
Security, unions, the Employee Assistance Program, human resources, and workplace violence teams can provide assistance to a victim of domestic violence who wants to increase her safety. While the employee must ultimately decide whom in the workplace she wants to turn to and what kinds of protections she needs, you can explain to her the kinds of assistance that each resource offers.
Know What to Say to the Employee who may be Experiencing Abuse
First, be aware of possible signs of domestic violence:
- Changes in behavior and work performance
- Preoccupation/lack of concentration
- Increased or unexplained absences
- Harassing phone calls to the workplace
- Bruises or injuries that are unexplained or come with explanations that just don't add up
According to the Family Violence Prevention Fund, a highly respected national nonprofit organization, knowing what to say to an employee and how to say it in a way that is respectful of her privacy is considered one of the most challenging aspects of domestic violence as a workplace issue. Don't be afraid to approach the employee in a non-threatening way by focusing on the employee's behavior at work. It is always appropriate for a supervisor to show concern for an employee who seems seriously distressed, and to support the employee in getting professional help. You should not try, however, to diagnose the employee's problem; don't presume that the employee is being abused. And make it clear that it is her choice whether or not to confide in you.
The Family Violence Prevention Fund suggests the following steps for approaching the topic with an employee you suspect is being abused:
- Let the employee know what you have observed -- "I noticed the bruises you had last week and you look upset and worried today."
- Express concern that the employee might be abused -- "I thought it was possible that you are being hurt by someone and I am concerned about you."
- Make a statement of support -- "No one deserves to be hit by someone else."
- If the employee chooses not to disclose, no further questions or speculations should be made. A referral for assistance should be given at the end of the conversation.
If the employee discloses that she is experiencing a problem with domestic violence, resist any temptation to direct the employee's safety; she is the best judge about what will keep her safe and there are risks on the path to safety. Make a referral to the Employee Assistance Program (EAP) and explain that this is a confidential resource for assistance. The EAP is able to intervene in ways you cannot or should not. Their early intervention can have a significant impact on getting the right kind of assistance in place. Let the employee know that you will keep what she has disclosed confidential, but in the case of a clear threat to the workplace, you, and anyone else who knows, are obliged to seek help.
If the employee has confided in you, but is still resistant to letting anyone else at work know, including the EAP, you must respect her need for confidentiality, and refer her to the National Domestic Violence Hotline (1-800-799-7233).
Most important, do not ignore the situation. If workplace intervention is appropriate, either at the employee's request or to respond to a threat to the workplace, early intervention can provide advantages. In many cases, early intervention can prevent an incident of violence that could devastate the entire workplace. Work may be the only resource an employee has left, particularly if the abuser has succeeded in cutting off other sources of support. If you are an immediate supervisor, your role can be especially important because you are in a position to initiate supportive actions on the part of the organization, if this is what she wants.
The spirit and tone of your words and actions can make a big difference to the employee. Even if you feel confident about how you would handle a situation, consider consulting with the Employee Assistance Program for guidance about your role and about how you can communicate your support.
Consider Workplace Flexibilities
The Federal workplace offers powerful tools for protecting the safety of an employee who is being abused and for supporting her as she goes about rebuilding her life. Employees threatened by domestic violence may need time off to go to court, find a new place to live, or recover from injuries. They may need a different workspace or different schedule to keep the abusers from tracking them down on the job. They may need their phone calls screened, a workstation that is not conspicuous to visitors, or additional security at their worksites. Some employees may appreciate a temporary adjustment to their work responsibilities.
Unlike some programs in the private sector, these tools are not labeled as "domestic violence" measures, but are simply the flexibilities and entitlements available to every Federal employee under appropriate circumstances. You can make sure that all employees know the flexibilities and benefits available to them and assist any threatened employee to obtain the kind of help she thinks she needs.
Each of these arrangements, with good planning, usually involves little disruption to the office and can be adjusted according to the circumstances. Supervisors should first contact the human resources office when considering the use of personnel flexibilities to assure that all labor relations obligations are met.
Of all the personnel flexibilities, the Federal leave system, where full time employees earn 13 to 26 days per year of annual leave and 13 days per year of sick leave, is the most readily available option for employees who may need time to free themselves from a situation of domestic violence.
First Consider Paid Leave Options
Annual Leave
A manager provides an invaluable form of assistance by granting annual leave while an employee initiates a transition to safety.
When a Federal employee is faced with incapacitation to perform her job duties for medical reasons, or if she or a family member is facing medical treatment or incapacitation, there are several Federal leave programs in place.
Sick Leave
Federal employees have the right to use their accrued sick leave when they are incapacitated for the performance of their duties due to illness, injury, or to get medical care.
Sick Leave for Family Medical Care
Federal employees may use up to 40 hours of sick leave to give care to a family member with an illness or injury. The regulations cite some of the specific conditions under which sick leave can be used for family care -- for physical or mental illness, injury, pregnancy, childbirth, medical, dental or optical exam or treatment, or to make arrangements for or to attend the funeral of a family member.
Specifically, full-time employees can use up to 40 hours of sick leave each year for family medical care without regard to their sick leave balance. For employees who maintain an 80-hour balance in their sick leave accounts at all times, an additional 64 hours can be used each year for family care.
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A concerned supervisor, backed by expert consultants, can use Federal personnel flexibilities as tools for managing a dangerous situation.
Stella made the decision to leave her violent husband and, knowing his previous behavior patterns, feared that he would respond by becoming even more dangerous. She revealed the situation to her supervisor, Earl. Earl assured Stella that the organization wanted to do everything possible to help her through this difficult period. With Stella's permission, he asked the Employee Assistance Program (EAP) and the Security Office for help. They arranged a safety plan that included having Stella work temporarily at a telecommuting facility in another county. At Stella's request, they adjusted her work schedule so that she began work two hours earlier than she had before; this left her the late afternoon for the many appointments she needed to resolve her situation. For Stella's protection, the plan was kept highly confidential; other employees were told only that she was on temporary detail.
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Leave Transfer
With leave transfer, Federal employees voluntarily donate annual leave to other Federal employees who have personal or family medical emergencies and who have exhausted their own leave. Any Federal employee can apply to become a leave transfer recipient, but may accrue no more than 40 hours of annual and sick leave while in a shared leave status. For a personal medical emergency, employees must use their annual and sick leave before applying for leave transfer. For a family medical emergency, employees must use their annual leave and the sick leave flexibilities for family care before applying for leave transfer. If your agency operates a leave bank program, there may be other options available. Check with your human resources office.
Advanced Sick or Annual Leave
If an employee's sick or annual leave balance is depleted, you may have the discretion to grant advanced sick or annual leave. Check with your human resources office about the limitations and entitlements to leave.
Leave options discussed up to this point allow the employee to receive paid leave, but there are several other options for employees which involve unpaid leave.
Unpaid Leave Options are Available
Family and Medical Leave Act
The Family and Medical Leave Act of 1993 (FMLA) gives employees nationwide the option to use up to 12 weeks of unpaid leave during any 12-month period (beginning when the employee first uses the FMLA entitlement) for specified family and medical needs.
A person in an abusive relationship may suffer many forms of physical and emotional abuse that can result in serious conditions requiring medical attention. Also, domestic violence occurs between intimate partners, but the couple's children or parents in the household may suffer, as well. An employee may request family medical leave to care for a child or parent who is suffering from serious injury or illness.
Check with your human resources office for specific information regarding FMLA coverage and entitlements.
Leave Without Pay
Another leave option is Leave Without Pay (LWOP). Since LWOP is considered an approved absence, employees must request it. The granting of LWOP is at the discretion of the agency in most cases.
Alternative Worksite Arrangements Can Offer Safety and Support
Telecommuting/Temporary Assignment
In certain cases, telecommuting can be a key part of a safety plan. Telecommuting allows an employee to work at home or at a "satellite" or telecenter (an alternate office setting for employees who otherwise would travel a longer distance between home and work) for all or part of the work week.
Telecommuting, if appropriate for the circumstances, may be easy to arrange with your human resources office, at least for a short period, to protect the employee's safety and to protect the safety of the workplace.
Check with the human resources office about the availability of telecenters in your area. Telecenters are being established across the country at a growing rate and are currently available to Federal employees in Atlanta, Georgia; King of Prussia, Pennsylvania; Chicago, Illinois; Oklahoma City, Oklahoma; Seattle, Washington, as well as numerous cities in California and the Washington DC metropolitan area.
In situations where telecommuting cannot be arranged, consider a temporary assignment to place the employee in a different location for the necessary time to achieve safety.
Work Schedule Flexibilities Can Be Arranged
Sometimes the best solution is the simplest one, which can be the case with alternative work schedules. For the employee juggling different demands, life transitions, or who has safety concerns, a flexible work schedule, which adjusts when the work day begins and ends, may be a very suitable arrangement. A compressed work schedule allows employees to work longer days and complete an 80-hour pay period in less then ten days. Other options worth exploring, if the employee needs more time away from work, are part-time employment or job sharing. Job sharing is a form of part-time employment where two part-time employees share the duties of a single full-time position.
Identify Resources Available at the Worksite
If there is a threat to the workplace, consult with agency security personnel right away. All Federal employees, particularly management, should know in advance whom to call in the case of an emergency. Ask your agency security or workplace violence team whom to call and post this number by your telephone. Keep in mind, however, that even in cases where a workplace threat exists, the manager, to the fullest extent possible, needs to maintain the confidentiality of the employee and inform only those with a "need to know."
In the absence of a clear threat to workplace safety, the employee must have the final word about the kinds of interventions she would like to have and who to inform of her situation since she is in a better position to know her risks. The employee who is facing domestic violence needs to direct her own decisions in matters concerning her safety since any time a person in an abusive relationship takes steps toward safety, there are risks involved. It is common for an abuser to escalate violence as the woman makes attempts to separate. A manager would be overstepping his or her role by dictating a safety plan to the employee or trying to conduct a threat assessment. Managers can, however, inform the employee about the full range of assistance available from different agency representatives.
Security
If employees want to increase their safety at work, a key intervention you can suggest is to contact agency security. However, do not alert security yourself unless the employee requests this kind of help or there is a clear threat to the workplace. Security professionals may have good suggestions about the appropriate security measures to take, which may include providing the guard posts with the abuser's name and photograph. In some cases, if the employee is being stalked, security may request the make, color, and tag number of the abuser's car so the guards can watch for it outside of the building. If an order of protection is in place, the security staff will need copies of the court order.
Workplace Violence Teams
Today, many agencies have formed workplace violence teams. If your agency has one, even if it is at the headquarters level, they could be consulted if the employee desires an elevated safety response at work. If there is an imminent or immediate threat to the workplace, the team should be contacted since they may be able to take actions that could prevent a potentially violent situation. Any situation that presents explicit threats to safety should not be allowed to escalate before it is addressed.
Many agencies have interdisciplinary workplace violence teams, which can be especially helpful in complicated situations.
Lorraine's estranged husband, Rex, began phoning her repeatedly at work, making threats and obscene comments. He also began lurking around the facility at the times when Lorraine normally arrived and departed. Lorraine's supervisor, Vera, noticed that something was not right with Lorraine at the office, that she seemed particularly tense and worried. In a private meeting, she gently told Lorraine, "You seem like you are carrying a heavy burden around. Is there anything I can do to help?" Tearfully, Lorraine explained what was happening. With Lorraine's consent, Vera reported the situation to the agency's workplace violence team, which sprang into action immediately. The team explained to Vera and Lorraine that threatening phone calls were illegal; the phone company and local police could help. Lorraine gave building guards were given pictures of Rex and guards agreed to escort Lorraine between the building and parking lot. She changed her schedule temporarily to a variable one, and her desk was moved from a public area to the most secure part of the building. The EAP counselor called A Safer Place, a community facility, and arranged for Lorraine to see a domestic violence advocate later that day.
Employee Assistance Programs
The Employee Assistance Program (EAP) professional can play several different roles in helping an employee who is experiencing a problem with domestic violence. Chiefly, the EAP serves as a comprehensive referral source for many kinds of help. Victims of domestic violence may need a range of services -- advocacy, child care, health care, social services, legal aid, emergency shelters, counseling services, hotlines, and support groups. With the written consent of the employee, the EAP practitioner can act as a liaison with outside agencies providing services to the employee, advocating on her behalf when requested, to assure she receives appropriate services. Since the EAP counselors may have specialized training in domestic violence, they may offer insight in developing a safety plan at work and can be a source of guidance for the manager who wants to be supportive.
Union
The union can be a principal player in addressing domestic violence issues at work. Unions have traditionally been earnest advocates for the health, safety, and well-being of workers. The union's interest is only underscored by the fact that women facing domestic violence are at higher risk of on-the-job violence. At a minimum, union representatives should know about the workplace protections available and can advocate for providing workplace accommodations for employees in crisis. In some cases, the union can be a source of expertise and knowledge. Today, more and more, union representatives have had training about domestic violence. The union may know about specialized resources for help both in or outside of the workplace. Unions are often actively involved in workplace education and awareness efforts and may post information about where to go for help on the union bulletin boards at work.
Coordinated Efforts Can Enhance Safety
In cases where there is a clear threat to workplace safety or the employee is asking for help, effective responses of support can be initiated in the agency. Management, employee assistance professionals, security staff, union representatives, human resources administrators, and members of the workplace violence team can play different roles independently, or they can coordinate efforts with one another to develop and execute a workplace safety plan.
If agency staff are involved in helping the victim to develop her own workplace safety plan, open-ended questions should be asked about what changes, if any, could be made in the workplace to make her feel safer. The Family Violence Prevention Fund emphasizes: "Survivors of domestic violence know their abusers better than anyone else. When it comes to their own safety, offer to assist them in developing a workplace safety plan, but allow them to decide what goes in the final plan." Asking the following questions can help to form an effective workplace safety plan:
- Has the abuser threatened the employee at the workplace or threatened to come to the workplace? Have co-workers been threatened by the abuser? Has stalking been a problem?
- Is the travel route between the employee's home and work safe? Is the employee's parking arrangement safe? Are current child care arrangements safe?
- Do security staff and co-workers have the information they need to help protect the employee, such as a photograph of the abuser? How else can security assist the employee?
- If the employee is temporarily residing in a shelter or some other confidential location, do designated workplace personnel have emergency contact information?
- Is the employee's work schedule flexible enough for her to manage court appearances, legal matters, and child care without having to take a cut in pay or use unpaid leave?
Know How to be Supportive
As a conscientious manager, you know to leave the counseling to professional counselors and security to security professionals. But there are things you can do to be supportive in managing an employee who is probably facing a lot of uncertainty and change in her life and probably feels quite fearful.
- Protect confidentiality. Assure the employee that you will maintain confidentiality to the fullest extent possible. Practice prudence when considering, together with the employee, who in the agency has a "need to know." Explain that if there is a clear threat to workplace safety, you will need to inform security.
- Be understanding and approachable. In most stressful situations, one source of anxiety for the victim is a sense of being out of control. Employees will feel better if they are comfortable approaching you with their questions.
- Respect her decisions. Since she is the best judge of her abuser's actions and the potential risks involved with her decisions, respect her choices. Realize that every step toward achieving safety presents risks and may take time.
- Convey that she is a valued part of the team. Having a chance to be productive can do wonders for the battered self-esteem and sense of isolation that often go along with being a victim. One way of doing this is by addressing an employee's performance if it has been declining.
- Address performance/conduct problems. If an employee is experiencing any performance or conduct problems, document deficiencies and consult with your human resources specialist. Whether or not formal action is appropriate at this time, it is essential to counsel the employee about the deficiency and refer the employee to the Employee Assistance Program (EAP). It may seem cruel to confront a person who is obviously suffering, but sometimes this is the only way to help.
- Meet with the employee privately to identify clearly the performance or conduct problems. You could state that you understand that sometimes "personal issues" can interfere with good performance or conduct, but don't assume that there is violence. If there are clear signs of abuse, gently encourage her to discuss what may be upsetting her. Whether or not she discloses the abuse, offer a referral to the EAP. Finally, suggest ways that performance or conduct improvements can be achieved.
- Consult with your human resources specialist. Keep human resources staff in mind as a resource to both the employee and you on issues involving performance or pay and absence arrangements.
- Be flexible. Keep your standards high, but allow as much flexibility as possible in getting the work done. If you set clear standards, but give employees the freedom in working out ways to meet them, they will probably find a way to satisfy expectations. Consider providing additional job training if that will aid the employee's job security or job transition.
- Educate yourself about domestic violence. Inaccurate attitudes and beliefs about domestic violence hinder your ability to help. Domestic violence is a complex issue, and for many people, is hard to understand. Education emphasizes important points about the obstacles a woman faces, and reminds us not to be judgmental or to think there are "quick fixes" to this problem.
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