OPM officials detailed new guidance Thursday allowing agencies to provide employees paid leave connected to instances of domestic violence or relationship-based trauma. Douglas Rissing / Getty Images
OPM announces new 'safe leave' for domestic violence victims
Federal workers may now take paid leave to address issues related to their or a family member’s safety or to recover from domestic violence, abuse or harassment, under new guidance from the government’s dedicated HR agency.
The Office of Personnel Management on Thursday introduced a new form of paid leave designed for federal workers to use in connection with instances of domestic violence or other sexual or relationship-based trauma.
In a memo to agency heads, acting OPM Director Rob Shriver said that although the federal government’s paid leave system “was not constructed with concepts of safe leave in mind,” the Biden administration is committed to protecting feds who have undergone relationship-based trauma and their families.
“OPM stands with President Biden in supporting federal employees who need time off from work to keep themselves and their family members safe and to recover from domestic violence, dating violence, sexual assault, stalking and related forms of abuse or harassment,” Shriver wrote. “The federal government is committed to supporting the safety of our employees and providing them flexibility to recover from trauma, helping employees remain in good standing in their jobs to safeguard their financial independence, rebuild and heal.”
Among the activities for which federal employees can request the new “safe leave” are seeking medical treatment, including mental health services; securing housing or relocating; seeking help from organizations that serve victims of sexual or domestic violence; participating in safety planning; going to court; or otherwise dealing with the consequences of abusive behavior, such as arranging for child care or enrolling a family member in a new school.
According to a new fact sheet on OPM’s website, the new safe leave will fall into a series of pre-existing leave categories, depending on what the federal employee intends to do while on leave. Feds may use annual leave to secure housing, seek help from a domestic violence-focused nonprofit, go to court, engage in safety planning or otherwise deal with the consequences of abusive behavior.
They can use sick leave to receive medical, dental or optical examination or treatment of injuries—including psychological—suffered due to domestic or dating violence, sexual assault or stalking and other harassment, as well as if they are “incapacitated” by physical injury or mental illness as a result of trauma.
“For example, an employee who is seeking medical treatment associated with an abuse committed years prior by the employee’s partner, or who is suffering from emotional distress such that the employee is incapacitated for the performance of duties, should be granted sick leave,” OPM wrote. “The date of abuse should not be a factor in approving sick leave.”
Additionally, federal workers can take up to 13 days—or 104 hours—of sick leave to help care for a family member who has been victimized. And feds can take upwards of 12 weeks of paid sick leave to care for a family member who developed a “serious health condition” as a result of domestic violence, stalking or sexual assault.
And agencies can provide weather and safety leave to teleworking federal workers who need to vacate their alternate work site.
“Agencies should consider granting weather and safety leave to an employee who is unable to safely work at an approved location (either an agency worksite or an approved telework/remote work location) because of safety risks associated with domestic violence, dating violence, sexual assault or stalking, and other related forms of abuse or harassment—for example, an active threat of physical violence at the work location.”
Though agencies may seek to verify that the federal worker is a victim, they should not set arbitrary reporting requirements, OPM wrote. In general, an employee’s “credible statement” that they are dealing with domestic violence issues should be sufficient for the purposes of authorizing leave.
“If the agency deems it necessary to request additional information for purposes of verification, supporting information may include, but need not be limited to, a service provider’s statement, medical records or a doctor’s statement, as well as a protection order or police or court reports,” OPM wrote. “Under no circumstances should an agency require the employee to contact law enforcement or otherwise report the violence as a condition for accessing leave. To do so could place survivors in greater danger.”