Supporting An Employee Affected by Domestic Violence
By Renee Boyda
Domestic violence, also known as intimate partner violence, is not strictly an employee’s personal problem – it is a workplace problem as well. In fact, employers in all provinces have important legal responsibilities under occupational health and safety legislation and employment standards laws specific to domestic violence.
Employees who are experiencing abuse in their personal life often have effects that extend into their professional life. These effects can range from changes in their performance, their attendance, their wellbeing and their physical health, with coworkers and supervisors being among the first to notice the warning signs. Often the workplace provides a refuge that is often safer than home and can provide a structured environment where the employee may access help, protection and resources they might not have otherwise. Because of this, employers play a crucial role in providing safety measures, support services and accommodations.
Employers have a core responsibility to provide a safe and healthy work environment, taking all reasonable measures to reduce the risk of violence, including domestic violence that could affect the workplace. An employer must act when they become aware, or ought to reasonably be aware, of domestic violence that may expose an employee to harm in the workplace. This includes performing risk assessments, safety planning, training and maintaining confidentiality (on a “need to know” basis – sharing only what is reasonably necessary to protect the worker from harm). Workplace violence policies are also required in every province, though specific requirements vary, but must be posted and reviewed regularly.
Employers should always be proactive in addressing the risks involved with domestic violence. Waiting to act until a crisis has unfolded will constitute a violation of employer duties and put lives at risk. If the signs of domestic violence are apparent, do not wait for an affected employee to disclose. The “duty to inquire” comes into play if circumstances suggest a potential need for accommodation. Therefore, a change in work performance or visible effects of domestic violence requires an employer to inquire compassionately about whether the employee needs support. Check in with the employee and express your concerns, sharing specific observations that led to the concern and invite the employee to share as much as they feel comfortable disclosing.
Employers should provide a range of supports to employees who are victims of domestic violence. Some practical workplace accommodations include: Adjusted shift times or flexible work schedules (to prevent predictable patterns as well as deal with medical or legal issues stemming from the abuse), changing work locations or job roles, offering alternative payment methods to protect from financial control by abusers, having someone escort the employee to and from their vehicle or allowing them to park near an entrance, installing a panic button in the work area, and granting the employee access to a job-protected leave related to domestic violence.
Domestic violence leaves are available in every province, usually providing up to 10 days of leave per year and most with a mix of paid and unpaid days. Longer periods of protected leave may be available for more severe situations as well. Leave provisions differ slightly for each province, but all require employers to grant a job-protected leave for employees affected by domestic violence. Employers cannot penalize employees for taking such a leave.
Other supportive measures would include help with personal safety planning, providing contact information for local authorities, women’s shelters and connection to local and online resources. Resources include your company’s employee assistance program (EAP) if applicable, domestic violence or crisis helplines and counseling services. Each province has their own local services, but some examples of Canada-wide services include the Victims Services Directory – Justice Canada (www.justice.gc.ca/eng/cj-jp/victims-victimes/vsd-rsv/index.html), ShelterSafe.ca is an interactive website for finding nearby women’s shelters across Canada (www.sheltersafe.ca), and Hope for Wellness Helpline is a support specialized for Indigenous peoples (1-855-242-3310). To find supports in your area, please visit the Government of Canada’s page at https://www.canada.ca/en/public-health/services/health-promotion/stop-family-violence/services.html.
Employers must recognize the workplace implications of domestic violence and respond with compassion, confidentiality and appropriate action. Ensuring workplace safety, and providing a range of accommodation and supports, can make a critical difference in helping employees rebuild stability and security. A trauma-informed, proactive approach will affirm that the organization values its people, strengthens trust, retention, and creates an overall culture of care within a workplace.
If your organization needs assistance with this, or any other HR matter, please contact us at Legacy Bowes.
Renee Boyda is a human resources consultant with Legacy Bowes. She is a CPHR candidate, received her Bachelor of Arts in Sociology from the University of Manitoba, and received both Human Resource Management and Management Development Certificates with Honours from Red River College. She is focused on building HR structures and processes to create consistency and fairness in workplaces across Canada. Renee is a proud Metis, with over 12 years of human resource experience in both union and non-union environments. She can be reached at (204) 947-5525.
