Family Violence Leave Policy

Policy Statement

Employees subjected to family violence, or an employee who is a parent or caregiver of a person who has been subjected to family violence, may be eligible for up to 3 days of paid Family Violence Leave in the aggregate in a calendar year.

Application

This policy applies to all employees of Government departments.

Bargaining unit employees should also consult their respective collective agreements and the provisions of the collective agreement shall prevail.

Definitions

Family Violence Leave paid leave granted to an Employee subject to family violence, or an Employee who is a parent or caregiver of a person who has been subject to family violence
Family Violence an act or omission described in Section 3 of the Family Violence Protection Act.

Responsibilities

Departments

It is the responsibility of Deputy Ministers or their designate to:

  • comply with the provisions of the policy;
  • consult with the Human Resources Advisory Services Division in Treasury Board Secretariat, if required; and
  • grant Family Violence Leave to eligible employees upon request.

Employee

It is the responsibility of employees to:

  • make a request to their Supervisor, Manager or directly to the Deputy Minister, for periods of Family Violence Leave.

General Provisions

Employees eligible for Family Violence Leave will avail of the paid leave, of up to 3 days in the aggregate in a calendar year. Dates for the commencement of Family Violence Leave and for returning to work should be agreed upon by the employee and supervisor.

An employee shall be granted leave with pay, not exceeding 3 days in the aggregate in a calendar year, where the employee or a person to whom the employee is a parent or caregiver, has been directly or indirectly subjected to, a victim of, impacted or seriously affected by family violence or witnessed family violence by:

  • a person who is or has been a family member;
  • a person who is or has been in an intimate relationship or who is living or has lived with the employee;
  • a person who is the parent of a child with the employee; or
  • a person who is or has been a caregiver to the employee.

An employee may be granted Family Violence Leave to:

  • allow the employee, or a person to whom the employee is a parent or caregiver, to seek and receive medical attention, counselling or other services from a health professional for physical, psychological or emotional harm or an injury or disability that is a result of the family violence;
  • allow the employee, or a person to whom the employee is a parent or caregiver, to seek and receive services provided by a transition house, a policing agency, or any organization that provides services to persons who have been directly or indirectly subjected to, a victim of, impacted or seriously affected by family violence or have witnessed family violence;
  • allow the employee to move their place of residence; or
  • allow the employee or a person to whom the employee is a parent or caregiver to seek and receive legal services or assistance including services or assistance with respect to his or her participation in or the enforcement of a legal proceeding relating to or as a result of the family violence; or
  • attend to other responsibilities, at the discretion of the Deputy Minister.

Benefits Continuance

Employees who take Family Violence Leave will have that time recognized for the purposes of:

  • paid or annual leave;
  • sick leave; and
  • step progression.

Family Violence Leave will be recorded as Special Leave with Pay for the 3 days of paid leave.

Confidentiality

Respect for privacy is an important aspect of a respectful workplace. An employee who discloses they are experiencing family violence to their employer is assured their information will be kept strictly confidential and will not be recorded on their personal file. Absolute confidentiality cannot be guaranteed as there may be times, however, when there is an inherent safety risk to either the affected employee or other employees in the workplace. In these instances, the disclosure of information will be kept to a minimum and on a confidential basis for the purpose of maintaining safety in the workplace.

Perpetrating Family Violence from the Workplace

The perpetration of family violence in, or from, the workplace will not be tolerated. Any employee who threatens, harasses or abuses a family or household member at, or from, the workplace may be subject to disciplinary action. This includes employees who use workplace resources such as phones, email, mail or other means to threaten, harass or abuse a family member.

Depending on the parties involved and the nature of the matters disclosed the provisions of the Harassment-Free Workplace Policy may be applicable and/or notification of appropriate authorities (e.g., Royal Newfoundland Constabulary, Royal Canadian Mounted Police, child protection services, etc.).

Related Policies:

 

Last Policy Update: February 7, 2023