February 2013

Guidance for Agency-Specific 

Domestic Violence, 

Sexual Assault, 

and Stalking Policies
1 

Table of Contents

INTRODUCTION...................................................................................................................................... 2

1.0 DEFINITIONS.................................................................................................................................... 4

2.0 OVERVIEW OF POLICY DEVELOPMENT.................................................................................................... 8

Roles and Responsibilities...............................................................................................................8

Basic Steps for Policy Development Addressing Domestic Violence, Sexual Assault, and Stalking......8

3.0 COMPONENTS OF AGENCY POLICIES ....................................................................................................11

Workplace Flexibilities..................................................................................................................11

Disciplinary Actions and Legal Implications...................................................................................15

Training, Awareness, and Employee Assistance Programs (EAPs)...................................................19

Building Safety and Security .........................................................................................................22

Accountability..............................................................................................................................28

Summary .....................................................................................................................................30

APPENDICES .......................................................................................................................................31

APPENDIX A ................................................................................................................................. 32

APPENDIX B ................................................................................................................................. 34

APPENDIX C ................................................................................................................................. 35
2

INTRODUCTION

Domestic violence, sexual assault, and stalking are serious problems that can affect individuals, families, 

and communities. According to the Centers for Disease Control and Prevention (CDC) 2010 National 

Intimate Partner and Sexual Violence Survey (NISVS), 1 in 4 women and 1 in 7 men in the United States 

have experienced severe physical violence by an intimate partner.1

 Stalkers victimize approximately 5.2 

million women and 1.4 million men each year in the U.S., with domestic violence-related stalking the 

most common type of stalking and often the most dangerous.2

 One in 5 women and 1 in 71 men have 

been raped at some point in their lifetimes, and nearly 1.3 million women in the U.S. are raped every 

year.3

 The statistics are sobering – even more so with our understanding that these types of crimes are

often the most underreported.4 It is important to note that victims may experience one of these forms 

of violence or all three at the same time. Although women are the majority of victims, as the above 

statistics show, men can also become victims. In addition, these crimes affect people of all backgrounds, 

including race, income, religion, sexual orientation, gender identity, age, disability, etc.

These crimes often cause emotional trauma and physical injury.5

 In addition, because of the social 

stigma associated with the crimes and the fact that victims often have an on-going relationship with the

offender, it may be more difficult for victims to report. Victims often continue to be in danger after 

reporting the crime, during the investigation process, and during prosecution of the cases. As a result, 

appropriate responses in these cases can save lives, prevent future violence, and promote victim 

recovery. 

The effects of domestic violence, sexual assault, and stalking spill over to the workplace in numerous 

ways, introducing significant costs and safety concerns. The CDC has estimated that domestic violence, 

sexual assault, and stalking cost nearly $8 billion a year in lost productivity, health care costs, and 

earnings.6 In addition, domestic violence threatens the safety of both victims and their colleagues at 

work. Nearly a third of women killed in U.S. workplaces from 2003-2008 were killed by a current or 

former intimate partner.7 While women are disproportionately affected by domestic violence, sexual 

assault, and stalking, men and people of all backgrounds can become victims.8

 A sub-population that is 

particularly vulnerable, for example, is individuals with disabilities, as 37.3 percent of women with 

 1 Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walters, M.L., Merrick, M.T., Chen, J., & Stevens, M.R. 2011. 

The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report. Atlanta, GA: National

Center for Injury Prevention and Control, Centers for Disease Control and Prevention. 

http://www.cdc.gov/ViolencePrevention/pdf/NISVS_Report2010-a.pdf 2

Black, Basile, Breiding, Smith, Walters, Merrick, Chen & Stevens, 2011.

3 Black, Basile, Breiding, Smith, Walters, Merrick, Chen & Stevens, 2011.

4 Black, Basile, Breiding, Smith, Walters, Merrick, Chen & Stevens, 2011. 5 Adopted from U.S. Department of Justice, Attorney General Guidelines for Victim and Witness Assistance, 2011 

edition, rev. May 2012. http://www.justice.gov/olp/pdf/ag_guidelines2012.pdf 6 Centers for Disease Control and Prevention. 2003. Costs of Intimate Partner Violence Against Women in the 

United States. http://www.cdc.gov/ncipc/pub-res/ipv_cost/ipvbook-final-feb18.pdf 7 Tiesman, Hope M., Kelly K. Gurka, Srinivas Konda, Jeffrey H. Coben, and Harlan E. Amandus. 2012. “Workplace 

Homicides Among U.S. Women: The Role of Intimate Partner Violence.” Annals of Epidemiology 22,4: 277-84. 8 For the latest information and statistics, please see the Workplaces Respond to Domestic and Sexual Violence: A 

National Resource Center website at http://www.workplacesrespond.org/.
3

disabilities have experienced violent abuse in their lifetime, compared with 20.6 percent of women 

without disabilities.9

Domestic violence, sexual assault, and stalking have the potential to affect every Federal workplace 

across the United States. It is the policy of the Federal Government to promote the health and safety of 

its employees by acting to prevent domestic violence, sexual assault, and stalking within the workplace 

and by providing support and assistance to Federal employees whose working lives are affected by such 

violence. 

This Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies provides 

agencies with direction to enable them to fulfill the goals identified in the Presidential Memorandum on 

“Establishing Policies for Addressing Domestic Violence in the Federal Workforce,” which was issued on 

April 18, 2012. As the nation’s largest employer, the Federal Government should act as a model in 

responding to the effects of domestic violence, sexual assault, and stalking in the workplace. Some 

agencies have already taken steps to address these issues. By building on these efforts, the Federal 

Government can further address the effects of domestic violence, sexual assault, and stalking on its 

workforce, promoting the health and safety of its employees and improving the quality of its service to 

the public. 

The Guidance is divided into the following three sections:

• Section 1.0 provides definitions of key terms. 

• Section 2.0 provides an overview of critical considerations for policy development.

• Section 3.0 provides specific guidance on the main components of agency policies, including:

o Workplace Flexibilities, 

o Disciplinary Actions and Legal Considerations,

o Training, Awareness, and Employee Assistance Programs (EAP), 

o Building Safety and Security, and

o Accountability

This Guidance is not intended to, and does not, create any right or benefit, substantive or procedural, 

enforceable at law or in equity by any party against the United States, its departments, agencies, or 

entities, its officers, employees, or agents, or any other person.

 9 Centers for Disease Control and Prevention. 2012. Women with Disabilities page, Intimate Partner Violence. 

http://www.cdc.gov/ncbddd/disabilityandhealth/women.html
4 

1.0 DEFINITIONS

Cultural Competence

Cultural competence is a set of congruent behaviors, attitudes, and policies that come together in a 

system, agency, or among professionals that enable effective work in cross-cultural situations. “Culture” 

refers to integrated patterns of human behavior that include the language, thoughts, communications, 

actions, customs, beliefs, values, and institutions of racial, ethnic, religious, or social groups. 

“Competence” implies having the capacity to function effectively as an individual or an organization 

within the context of the cultural beliefs, behaviors, and needs presented by consumers and their 

communities.

10

Domestic Violence

Domestic violence is a pattern of coercive behavior, including acts or threatened acts, that are used by a 

perpetrator to gain power and control over a current or former spouse, family member, current or 

former intimate partner, current or former dating partner, or person with whom the perpetrator shares 

a child in common. This behavior includes, but is not limited to, physical or sexual violence, emotional 

and/or psychological intimidation, verbal abuse, stalking, economic control, harassment, threats, 

physical intimidation, or injury. Domestic violence can occur in any relationship, regardless of socioeconomic status, education level, cultural background, age, gender, race, ethnicity, sexual orientation, 

gender identity, or religion. Domestic violence can occur in heterosexual and same-sex intimate 

relationships, including marital, cohabiting, or dating relationships that are not dependent on the 

existence of a sexual relationship.11 

Employee

For the purposes of this Guidance, an employee is any person employed by a Federal Executive agency 

as defined in 5 U.S.C. § 105. This does not include employees of private contractors hired by the 

agencies. 

Employer

For the purposes of this Guidance, an employer is any Federal Executive agency, as defined in 5 U.S.C. § 

105. 

 

10 U.S. Department of Health and Human Services, Office of Minority Health (adapted from Cross et al. 1989). 2005. 

http://minorityhealth.hhs.gov/templates/browse.aspx?lvl=2&lvlID=11

11 Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/
5 

Perpetrator 

A perpetrator is an individual who commits or threatens to commit an act of domestic violence, sexual 

assault, and/or stalking.12

Protection or Restraining Order 

Victims may obtain a protection order, sometimes called a restraining order, a stay-away order, or a 

peace order, from a court to protect them from a perpetrator. Such an order also may establish custody 

and visitation guidelines and provide for forms of economic security, like child support, rent or mortgage 

payments, which last for the duration of the order. Protection orders may also be issued in criminal 

cases as a condition of probation or condition of release, particularly in a domestic violence, sexual 

assault, or stalking related crime.13

Sexual Assault

Sexual assault refers to a range of behaviors, including but not limited to, a completed nonconsensual 

sex act (e.g., rape, sodomy, child molestation), an attempted nonconsensual sex act, and/or abusive 

sexual contact. Sexual assault includes any sexual act or behavior that is perpetrated when someone 

does not or cannot consent. A victim of sexual assault may know the perpetrator, such as a co-worker 

or a supervisor, and/or may be involved in a dating or marital relationship with the perpetrator, or the 

perpetrator may be unknown to the victim. Lack of consent should be inferred when a perpetrator uses 

force, harassment, threat of force, threat of adverse personnel or disciplinary action, or other coercion, 

or when the victim is asleep, incapacitated, unconscious, or physically or legally incapable of consent.14 

Sexual Harassment

Title VII of the Civil Rights Act of 1964 refers to unwelcome sexual advances, requests for sexual favors, 

and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects 

an individual's employment, unreasonably interferes with an individual's work performance, or creates 

an intimidating, hostile, or offensive work environment. Sexual assault is a form of sexual harassment 

prohibited by Title VII, but most sexual harassment does not rise to the level of sexual assault. This 

Guidance only addresses sexual assault. For sexual harassment that does not rise to the level of sexual 

assault, agencies should follow their sexual harassment policies and guidance from the EEOC 

(http://www.eeoc.gov/laws/types/sexual_harassment.cfm).

 

12 Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/

13 Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/

14 Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/
6 

Stalking 

Stalking refers to harassing, unwanted, or threatening conduct that causes the victim to fear for his or 

her safety or the safety of a family member. Stalking conduct may include, but is not limited to, 

following, spying on, or waiting for the victim in places such as home, school, work, or recreation place; 

leaving unwanted items, presents, or flowers for the victim; making direct or indirect threats to harm 

the victim, the victim’s children, relatives, friends, pets, or property; posting information or spreading 

rumors about the victim on the internet, in a public place, or by word of mouth; and obtaining personal 

information about the victim by accessing public records, using internet search services, hiring private 

investigators, going through the victim's garbage, following the victim, or contacting victim's friends, 

family, work, or neighbors. Stalking may occur through use of technology, including but not limited to, 

email, telephone, voicemail, text messaging, and use of GPS and social networking sites.15

Victim 16 

A victim is an individual who is currently subject to, or has in the past been subjected to, domestic 

violence, sexual assault, and/or stalking.17

Trauma-informed Care 

Trauma-informed care is an approach to engaging people with histories of trauma that recognizes the 

presence of trauma symptoms and acknowledges the role that trauma has played in their lives.18

Workplace

A workplace is an employee’s official duty station or alternative work location that is associated with the 

employee’s established tour of duty (working hours). The employee is considered to be in the 

workplace while in or utilizing the resources of the employer. The availability and character of an 

agency response to a workplace-related incident may be dependent upon the location at issue.

Workplace-related Incidents

Workplace-related incidents of domestic violence, sexual assault, and stalking include acts, attempted 

acts, or threatened acts by or against employees, and/or against employees’ families or property, that 

occur in the workplace or that occur outside the workplace but have an impact on the workplace.19 

 

15 Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/

and U.S. Department of Justice, Office of Violence Against Women. 2012. 

http://www.ovw.usdoj.gov/aboutstalking.htm

16 Agencies may opt to use alternate terminology, such as “survivor” or “a person affected by domestic violence, 

sexual assault, or stalking.” 

17 Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/

18 Substance Abuse and Mental Health Services Administration. 2012. http://www.samhsa.gov/nctic/
7 

Workplace Safety Plan 

A workplace safety plan is a strategy developed in collaboration with a victim to implement workplace 

safety options, including but not limited to, handling of court protection orders, procedures for alerting 

security personnel, temporary or permanent adjustments to work schedules and locations, changes in 

parking spots, and requests for escorts to and from workplace facilities.20

 19 Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/

20 Workplaces Respond to Domestic Violence and Sexual Assault. 2012. http://www.workplacesrespond.org/
8 

2.0 OVERVIEW OF POLICY DEVELOPMENT

Agencies are responsible for developing their policies as described below.

Roles and Responsibilities

The Presidential Memorandum outlines agency roles and responsibilities for the development of 

agency-specific policies to address the effects of domestic violence, sexual assault, and stalking.

1) Pursuant to section 2(b), within 120 calendar days from the issuance of this Guidance, each 

agency shall develop or modify, as appropriate, agency-specific policies for addressing the 

effects of domestic violence, sexual assault, and stalking on its workforce, consistent with this 

Guidance. Each agency shall submit for review and comment to the Director of the Office of 

Personnel Management (OPM) a draft or modified agency-specific policy. 

OPM recommends that:

a. Agency-specific policies should address each of the main components outlined in 

section 3.0 of this Guidance and should be consistent with applicable law.

b. Agencies that already have policies should review those policies and make any 

necessary changes to ensure alignment with the principles and components described in 

this Guidance.

c. Agencies that do not have policies should develop policies that are in alignment with the 

principles and components described in this Guidance.

2) OPM will review agency-specific new or modified policies for addressing domestic violence, 

sexual assault, and stalking and provide recommended modifications for agency consideration. 

Pursuant to section 2(b) of the Presidential Memorandum, in reviewing the draft agency-specific 

policies, the Director of OPM shall consult with the Attorney General, the Secretary of Health 

and Human Services, the Secretary of Labor, the Secretary of Homeland Security, and other 

interested agency heads. 

3) Each agency shall issue a final agency-specific policy (whether new or modified) within 180 

calendar days after submission of its draft policy to the Director of OPM. 

Basic Steps for Policy Development Addressing Domestic Violence, Sexual 

Assault, and Stalking 

Domestic violence, sexual assault, and stalking have the potential to affect every Federal workplace. 

There are many different approaches that agencies can take in developing agency-specific policies 
9 

consistent with this Guidance. This section provides some general steps that may be helpful for 

structuring this process.21

1) Form a Planning Group

A good first step in developing an agency policy is the formation of a planning group to evaluate the 

agency’s current ability to respond to domestic violence, sexual assault, and stalking incidents and 

provide recommendations to strengthen this response capability. Members of the planning group may 

include, but need not be limited to, representatives from management, employee relations, human 

resources, unions, employee assistance programs, the occupational safety and health office, law 

enforcement, and security professionals. 

Agencies that are too small to have a law enforcement/security component may have a representative 

of the Federal Protective Service (FPS) or local law enforcement in the planning group. Depending on 

the size, structure, and needs of the agency, membership may also include representatives from other 

appropriate offices. 

The agency’s Office of General Counsel and Office of the Inspector General should always be invited to 

participate. If these entities are not represented in the planning group, they should act as consultants to 

it. 

2) Work with Your Union

An agency should involve its unions early in the process of policy development. It is good practice to 

involve unions before decisions are made so that they can express employees’ concerns and offer their 

expertise. In some circumstances, unions may also be legally entitled to negotiate over some matters 

related to the development and implementation of agency-specific policies. Management should 

consult with labor relations specialists and counsel to ensure compliance with law and existing collective 

bargaining agreements. When implementing this Guidance, agency management should comply with 

applicable statutes, regulations, and collective bargaining agreements and inform the union of any 

proposed recommendations that may impact bargaining unit employees. 

3) Steps in the Planning Process

The following steps can help structure the planning process for developing agency-specific policies to 

address domestic violence, sexual assault, and stalking. 

a. Assess Current Capacity 

 

21 The content for this section is adapted from: 

U.S. Office of Personnel Management. 1998. Dealing with Work Place Violence: A Guide for Agency Planners. 

http://www.opm.gov/employment_and_benefits/worklife/officialdocuments/handbooksguides/workplaceviolenc

e/index.asp
10

It is necessary to conduct an analysis of the agency’s current ability to handle incidents 

related to domestic violence, sexual assault, and stalking in its workforce. An effective 

way to begin is by assessing previous incidents that occurred and evaluating the 

responses to them. In assessing current capacity, agencies should pay particular 

attention to available staff expertise, existing level of security, and jurisdictional issues. 

It may be necessary to engage experts on domestic violence, sexual assault, and stalking

to assess agency capacity. 

b. Fill Skills Gaps

Even large agencies with numerous resources experience skills deficiencies. In some 

cases, training may be appropriate to address any skills gaps as described in greater 

detail in other sections of this Guidance. When it is impractical to maintain in-house 

expertise for all aspects of agency policies, agencies may solicit outside assistance from 

entities such as other government agencies, local police, community resources, or 

reimbursable consultants.

c. Develop a Reporting Procedure

Agencies should develop reporting procedures that provide an effective, confidential, 

and accessible way for employees to report incidents and concerns. Because the 

credibility of any reporting procedure will depend on the extent to which reports are 

handled quickly and efficiently, agency staff responsible for responding to reported 

incidents should be trained and prepared to handle any such reports. Additional 

guidance for developing reporting procedures is found in section 3.0 of this Guidance.

d. Develop Incident Response Plans 

Agencies should develop plans that specify which offices will generally respond to 

different types of incidents and who will be responsible for different aspects of incident 

responses. Additional guidance for developing incident response plans is found in 

section 3.0 of this Guidance. 

4) Consider Needs of Employees with Disabilities

Each agency should ensure effective communication with persons with disabilities (e.g., hearing or 

speech impairments) by providing appropriate auxiliary aids during training, outreach, and 

awareness activities, reporting procedures, administration of safety precautions, and an employee’s 

usage of assistance services. In addition, reasonable accommodations must be provided to persons 

with disabilities where such accommodations are necessary to ensure that they receive the same 

benefits and flexibilities under agency policies as persons without disabilities. 
11

3.0 COMPONENTS OF AGENCY POLICIES

Workplace Flexibilities

Various types of workplace flexibilities are available to an employee when the employee and/or the 

employee’s family member(s) are victims of domestic violence, sexual assault, or stalking. To the 

greatest extent possible, agencies should work in collaboration with the employee to provide leave 

and/or other workplace flexibilities to help the employee remain safe and maintain his or her work 

performance. All possible leave options should be considered for an employee in this situation. When 

the need for time off is foreseeable, an employee must provide reasonable advance notice to the 

agency. 

An agency may choose to develop a policy that would allow an employee who is a victim and/or the 

employee’s family member(s), as discussed in this section, the opportunity to request leave or other 

paid time off through a third party, such as an Employee Assistance Program (EAP) Coordinator, if the 

employee does not feel comfortable speaking with a supervisor. Although the supervisor is the only 

person who can approve the leave, the leave request may be made through the third party. Employees 

are not required to provide personal details in their requests for leave. However, employees are 

required to provide enough information in their leave requests so their supervisors know which type of 

leave is appropriate (e.g., sick leave, annual leave, Family and Medical Leave Act (FMLA), etc.). 

Supervisors should consider whether an employee is entitled to a certain type of leave (e.g., FMLA or 

sick leave) or whether an employee’s request for leave other than under the FMLA should be 

granted. Details on the administration of leave will be provided by the agency. 

An agency is not required to ask for verification or proof of domestic violence, sexual assault, or stalking, 

but it may accept the employee’s credible statement as verification. If necessary, verification or proof 

may also include, but need not be limited to, a service provider’s statement, a protection order, medical 

records or doctor’s statement, or police or court reports. Under no circumstances should the agency 

require the employee to contact law enforcement or otherwise report the violence as a condition for 

accessing leave. To do so could place victims in greater danger. 

Below is a list of available workplace flexibilities that should be incorporated into agency-specific policies 

for addressing domestic violence, sexual assault, and stalking. It is important to note that these options 

can be applied to situations in which the domestic violence, sexual assault, or stalking is currently taking 

place or to situations in which the trauma related to a past situation involving violence is causing a 

negative impact in the workplace. Note that the intent of this Guidance is not to expand or restrict how 

these flexibilities are used generally, but simply to explain how they can be applied in the domestic 

violence, sexual assault, and stalking context. 

Annual Leave. This type of leave may be used for, but is not limited to, time off for court 

proceedings and to meet with lawyers, victims’ advocates, law enforcement officers, or to attend 

support group meetings. Annual leave can also be used in lieu of sick leave for illnesses or injuries as a 

result of domestic violence, sexual assault, or stalking for the employee to go to a safe place. An 

employee has a right to take annual leave, the timing of which would be subject to agency approval. 
12

 

Advanced Annual Leave. At its discretion, an agency may advance annual leave to an employee 

in an amount not to exceed the amount the employee would accrue in the remainder of the leave year. 

Upon request of the employee, agencies are encouraged to approve advanced annual leave for this 

purpose if the employee has exhausted his or her accrued annual leave. 

Sick Leave. An employee may use sick leave, consistent with current law and regulations for 

granting and using sick leave. Sick leave may be used for injuries resulting from domestic violence, 

sexual assault, or stalking, to meet with medical providers, for counseling by a health care provider,

22 to 

care for a family member23 with injuries or a “serious health condition”24 resulting from domestic 

violence, sexual assault, or stalking, or to accompany a family member when he or she meets with 

medical providers for injuries or illnesses resulting from domestic violence, sexual assault, or stalking. 

Advanced Sick Leave. Upon request of the employee, agencies are encouraged to approve 

advanced sick leave for any of the purposes referenced above if the employee has exhausted his or her 

available sick leave. An agency may advance up to 13 days of sick leave for the employee’s own – or a 

family member’s – medical, dental, or optical examinations or treatment, or to care for a family member 

who is incapacitated by a medical or mental condition. If the employee is incapacitated for the 

performance of his or her duties or if the family member’s injury rises to the level of a “serious health 

condition,”25 an agency may advance up to 30 days of sick leave to the employee. 

Leave Without Pay (LWOP). An employee may be granted LWOP if other forms of paid leave are 

unavailable. As with annual leave and advanced leave, agencies are encouraged, whenever possible, to 

approve requests by employees for LWOP for reasons related to domestic violence, sexual assault, or 

stalking. Employees are entitled to up to 12 weeks of leave without pay under the Family and Medical 

Leave Act (FMLA) described below.

Excused Absence (Administrative Leave). Each agency has discretion to excuse employees from 

their duties without loss of pay or charge to leave. Excused absence may be granted for brief periods 

when it is determined to be in the interest of the agency and should be limited to those situations in 

which the excused absence, in the agency’s determination, is not prohibited by law. OPM advises that 

the granting of excused absence for purposes related to domestic violence, sexual assault, or stalking 

issues be limited to those situations in which the employee’s perpetrator poses a threat to the 

employee and/or his or her co-workers in the workplace. It is essential for the agency to consider the 

safety of the employee and his or her co-workers in addition to avoiding disruption to the workplace. 

 22 For the definition of “health care provider” for sick leave and FMLA purposes, please see 5 CFR 630.201 and 5 

CFR 630.1202

23 For the definition of “family member” for sick leave purposes, please see 5 CFR 630.201(b) and our fact sheet 

Definitions Related to Family Member and Immediate Relative

24 For the definition of “serious health condition” for sick leave and FMLA purposes, please see 5 CFR 630.201 and

5 CFR 630.1202

25 For the definition of “serious health condition” for sick leave and FMLA purposes, please see 5 CFR 630.201 and

5 CFR 630.1202
13

Excused absence should be used in very limited circumstances. Typically, annual and/or sick leave or 

leave without pay will be the most appropriate tools.

Family and Medical Leave Act (FMLA). An employee is entitled to up to 12 weeks of unpaid 

leave under FMLA if domestic violence, sexual assault, or stalking results in a serious health condition26

for the employee that makes the employee unable to perform the essential functions of his or her 

position. FMLA leave can also be used to care for a spouse, son or daughter (under 18 or over 18 but 

incapable of self-care because of a mental or physical disability), or parent of the employee with a 

serious health condition as a result of domestic violence, sexual assault, or stalking. Annual leave, sick 

leave, and annual leave donated under the Voluntary Leave Transfer or Voluntary Leave Bank Programs 

may be substituted for unpaid leave under FMLA. 

Voluntary Leave Transfer and Bank Programs. An employee is eligible to apply for donated 

annual leave if the domestic violence, sexual assault, or stalking results in a medical emergency for

either the employee or the employee’s family member27 that is likely to require the employee to be 

absent from duty for a prolonged period and to result in a substantial loss of income because of the

employee's lack of available paid leave. 

Telework. Agencies are encouraged to permit a telework-ready28 employee to work from an 

alternative site if the employee (or a family member for whom the employee is caring) is experiencing 

problems associated with domestic violence, sexual assault, or stalking. Telework promotes continuity 

of operations without risking the safety of the employee or the employee’s co-workers. An employee 

must follow his or her agency's telework policy for requesting leave and work scheduling changes when 

teleworking.

Flexible Work Schedules. An employee on an approved flexible work schedule may adjust his or 

her work schedule, such as reporting times and work hours, to accommodate events driven by domestic 

violence, sexual assault, or stalking in accordance with agency internal policies and/or collective 

bargaining agreements. Employees represented by an exclusively-recognized union may participate in a 

flexible work schedule only to the extent expressly provided under a collective bargaining agreement 

between the agency and the exclusive representative (see 5 U.S.C. § 6130(a)(2)). Agencies should 

review their internal flexible work schedule policies and practices and collective bargaining agreements 

and adjust accordingly to permit an employee to adjust his or her schedule for this purpose.

Credit Hours (Flexible Work Schedules). Credit hours can be earned and used only by employees 

who are governed by a flexible work schedule that provides for credit hours. An employee who works 

 26 For the definition of “serious health condition” for sick leave and FMLA purposes, please see 5 CFR 630.201 and

5 CFR 630.1202

27 For the definition of “family member” for VLTP and VLBP purposes, please see 5 CFR 630.902 and 5 CFR 

630.1002 and our fact sheet Definitions Related to Family Member and Immediate Relative

28A telework-ready employee is someone who has been deemed eligible to telework by the agency and who has 

entered into an official telework agreement. (Guide to Telework in the Federal Government,

http://www.telework.gov/guidance_and_legislation/telework_guide/telework_guide.pdf, 7)
14

under a flexible work schedule that permits credit hours may elect to work in excess of his or her basic 

work requirement (e.g., 80 hours in a pay period for a full-time employee) so as to vary the length of a 

workweek or workday. Agency policies or union agreements may place restrictions on earning or using 

credit hours. Employees may use credit hours to fulfill their basic work requirement, thereby gaining 

time off from work to deal with issues related to domestic violence, sexual assault, or stalking. If an 

agency authorizes credit hours under its flexible work schedule program, employees may carry over a 

maximum of 24 credit hours from one pay period to another.

Compensatory Time Off. Employees may earn compensatory time off in lieu of overtime pay in 

exchange for performing an equal amount of time in irregular or occasional overtime work or, when 

permitted under agency flexible work schedule programs, for regularly scheduled or irregular or 

occasional overtime work. An employee may use earned compensatory time off for issues related to 

domestic violence, sexual assault, or stalking. 

Compensatory Time Off for Travel. Employees earn this type of compensatory time off for time 

spent in a travel status away from the employee's official duty station when such time is not otherwise 

compensated. Compensatory time off for travel that an employee has accrued may be used upon an 

employee’s request to deal with issues related to domestic violence, sexual assault, or stalking. 

Absence Without Leave (AWOL). An employee is charged AWOL when the employee is absent 

without permission. Employees who are missing as a result of domestic violence, sexual assault, or 

stalking may substitute a form of approved paid or unpaid leave upon return to work and with 

supervisor approval. 
15

Disciplinary Actions and Legal Implications

In developing policies and procedures related to domestic violence, sexual assault, and stalking, 

agencies should take into account disciplinary and legal considerations related to both employees who 

are perpetrators and employees who are victims. These considerations include, but may not be limited 

to, responses to perpetrators and victims, situations involving employees in the same workplace, 

handling of contractors, and confidentiality concerns. 

Employees as Perpetrators 

If agency officials determine that an employee has engaged in acts of domestic violence, sexual assault, 

or stalking, the agency may take disciplinary action proportionate to the offense, to the extent that 

there is a nexus between the conduct and the “efficiency of the service.” Removal from Federal service 

under certain circumstances has been supported by current Federal case law.

29 Managers are strongly 

encouraged to contact their servicing employee and labor relations specialist in the human resources 

office or agency counsel for advice and guidance on this issue.

Disciplinary Actions for Misconduct Committed Outside of Work

To take adverse action against employees who commit off-duty misconduct, there must be a proven 

“nexus” between the specific misconduct of the employee and the employee’s ability to perform his or 

her duties. That is, when taking adverse action against an employee, an agency must be able to show 

that there is a clear and direct relationship between the grounds for the adverse action and the 

employee’s ability to perform his or her duties or some other legitimate governmental interest 

promoting the “efficiency of the service” (5 U.S.C. §7513(a)).

5 U.S.C. Chapter 75 and 5 U.S.C. Chapter 23 require a nexus when taking any disciplinary action for 

Federal employees (who have completed their probationary period) hired under Title 5 of the United 

States Code.

30 Agencies have to establish a nexus by a preponderance of the evidence. When 

misconduct happens in the workplace or during duty hours, a nexus may be presumed. 

For adverse actions to be sustained by third party adjudicators such as the Merit Systems Protection 

Board, the facts that are relied upon to establish a connection between the misconduct and the 

efficiency of the service must be proven by a preponderance of the evidence,31 which includes proper 

penalty determinations. Penalty determinations are made in accordance with the Douglas Factors, 

 

29 See: Carlton v. Department of Justice, 104 LRP 14987, 95 MSPR 633 (2004); Banks, Jr. v. Department of Veterans 

Affairs, 102 LRP 30985 (2001). 30 Nexus may apply to employees hired under other appointment authorities outside of Title 5, beyond the 

provisions of this chapter, and as determined by the guidance provided by the servicing employee and labor 

relations specialist and human resources. 31 Preponderance of the evidence as defined by 5 CFR 1201.56(c)(2): The degree of relevant evidence that a 

reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is 

more likely to be true than untrue.
16

which is a list of aggravating and mitigating factors to consider in establishing the proper disciplinary 

action, if relevant. 

It is well established that an agency can show a nexus linking an employee's off-duty misconduct with 

the efficiency of the service, among other things, through: (1) a rebuttable presumption of nexus that 

arises in certain egregious circumstances based on the nature and gravity of the misconduct; (2) a 

showing that the misconduct affects the employee's or his or her co-workers' job performance, or that 

the nature and seriousness of the offense impacts management's trust and confidence in the 

employee's future job performance; or (3) a showing that the misconduct interfered with or adversely 

affected the agency's mission. 

Disciplinary Actions for Misconduct Committed at Work

As mentioned above, agencies have the authority to impose discipline or take other appropriate action 

for conduct that involves the threat or commission of domestic violence, sexual assault, or stalking by an 

agency employee during off-duty hours in certain circumstances. Of course, agencies should also 

consider the threat of or commission of domestic violence, sexual assault, or stalking by an agency 

employee on agency premises or during working hours or at an agency-sponsored event (see nexus 

requirement above).

Agencies that have an existing suggested discipline guide (e.g., table of penalties) should expand it to 

include such circumstances. It should explicitly state that penalties up to and including removal from 

the Federal service should be considered. All penalty determinations should be made in accordance 

with the requirements outlined above.

 

Disciplinary Actions Pertaining to an Alleged Misconduct

The civil service laws permit an agency to place an employee on indefinite suspension when the agency 

has reasonable cause to believe the employee has committed a crime for which the employee could be 

imprisoned. The law (at 5 U.S.C. § 7513(b)(1)) permits agencies to dispense with usual notice periods 

where the "reasonable cause" standard, as interpreted by the Merit Systems Protection Board and 

courts, has been met. An agency must terminate the suspension promptly upon completion of the 

event it identified when imposing the suspension. A sample of an indefinite suspension proposal notice 

can be found in Appendix A. 

Employees as Victims 

Disciplinary Actions against Victims

Employees who are victims of domestic violence, sexual assault, or stalking may inadvertently react in a 

manner that results in disciplinary action. For example, an employee may be charged with AWOL for 

absences arising from domestic violence, sexual assault, or stalking. In such cases, once the supervisor 

becomes aware of the domestic violence, sexual assault, or stalking issues, the victimized employee 

should be referred to the resources within the agency for support and assistance. In addition, the 

impact of domestic violence, sexual assault, and stalking should be taken into consideration as a 
17

mitigating factor in determining the appropriate discipline in cases involving the victim. Agencies should 

work to make sure that workplace policies do not re-victimize victims to the extent possible, while 

maintaining appropriate workplace standards.

Non-discrimination

Agencies should not discriminate against victims of domestic violence, sexual assault, or stalking in 

hiring, staffing, discipline, or other terms and conditions of employment. Such treatment re-victimizes 

victims. For information about how the equal employment opportunity laws may apply to such 

situations, see the Equal Employment Opportunity Commission's publication "Questions and 

Answers: The Application of Title VII and the ADA to Applicants or Employees who Experience Domestic 

or Dating Violence, Sexual Assault, or Stalking." 

Situations Involving Employees in the Same Workplace

In some situations, both the victim and the perpetrator are Federal employees working in the same 

building, campus, or work unit and may need to be separated while at work. For example, two 

employees working in the same building are divorcing and one of them takes out a protective order 

against the other. The order allows the respondent (the alleged perpetrator) to come to work. The 

agency should look at options to maintain safety in terms of switching tours of duty, changing work 

locations, granting telework, and/or issuing a cease and desist order. 

A directive to avoid contact in the form of a Memorandum of Instruction may be given to both the 

victim and the alleged perpetrator by their respective supervisors. This document will outline the 

agency and employee’s obligations to avoid contact while still performing the functions of their position. 

The agency's employee relations team and the response team should be consulted for advice and 

guidance for the creation of this document. Privacy, confidentiality, and impartiality must be 

maintained. Both employees should be reminded of their opportunity to use the services of the 

agency's EAP. 

Situations Involving Contractors

The Federal workplace also includes contractor employees of vendors. Such personnel are not Federal 

employees. Concerns regarding the conduct of contractors promptly should be brought to the attention 

of the relevant contracting officer or contracting officer’s technical representative and/or agency 

security personnel or law enforcement. If a contractor is a victim of domestic violence, sexual assault, or 

stalking, agencies should make security personnel available as necessary to consult on enhancing the 

safety of the workplace for the contractor and Federal employees.

Executive Order 11246, as amended, sets requirements for Federal contractors on non-discriminatory 

practices and prohibits contractors from discriminating against their employees on the basis of sex, 

including by engaging or allowing their employees to engage in sexual harassment. Contractors are also 

required to comply with Title VII of the Civil Rights Act of 1964, including its prohibition on sex 

discrimination. Prohibited behavior could occur in conjunction with domestic violence, sexual assault, or 
18

stalking. While federal contractors are not legally required to attend training that would otherwise be 

mandated for Federal employees, agency contractor representatives are strongly encouraged to partner 

with their contracting officer to provide training related to domestic violence, sexual assault, and 

stalking. In addition, an agency may choose to require a contractor to adopt a workplace policy 

responding to domestic violence, sexual assault, and stalking as a condition of contract.

Confidentiality

In developing their policies, agencies should address what steps managers are expected to take if and 

when an employee discloses that he or she has committed a workplace-related incident of domestic 

violence, sexual assault, or stalking, or if he or she is a victim of such violence. In addition, it is 

important to consider the protocol a supervisor should follow if he or she suspects that an employee 

may have committed such an incident.

Agencies should recognize and respect a victim’s right to privacy and the need for confidentiality and 

autonomy. To the extent permitted by law, except when maintaining confidentiality could compromise 

the security of the workplace or compromise an ongoing criminal investigation, it is important to 

maintain the confidentiality of an employee who discloses information regarding an experience of 

domestic violence, sexual assault, or stalking. 

When information provided by a victim must be disclosed within and/or external to an agency (such as 

due to security reasons), an agency should limit the breadth and content of such disclosure to 

information reasonably necessary to protect the safety of the disclosing employee and others and to 

comply with the law. The agency should make every effort to provide advance notice to the employee 

who disclosed information about the fact that the information will be disclosed, with whom it will be 

disclosed, and why. The agency should also provide the employee with the names and titles of the 

people with whom the agency intends to share the employee’s statements and should explain the 

necessity and purpose of that disclosure.

Managers should be aware that the confidentiality of employee information and records related to

domestic violence, sexual assault, and stalking is critical. A manager must determine if there is a need to 

retain written information. If so, this information should be protected and kept separate from other 

records maintained on the employee. Violations of confidentiality could jeopardize the victim’s safety.
19

Training, Awareness, and Employee Assistance Programs (EAPs) 

It is critical that agency-specific policies highlight training, awareness, and EAP support. Both managers 

and employees should be aware of the sources of support that exist in their agencies that can positively 

impact an incident involving domestic violence, sexual assault, and stalking. Agencies are urged to 

provide an appropriate and timely response to all reported or suspected workplace-related incidents 

involving these issues. 

All agency components may consider implementing programs to educate and train supervisors, human 

resources personnel, internal or external EAP personnel, and employees about the effects of domestic 

violence, sexual assault, and stalking on the workplace, including provisions for confidentiality and 

privacy requirements and employer and employee obligations under this policy. This training should 

include contractor, intern, and volunteer staff as appropriate. 

Support and Assistance 

Workplace support, including access to supportive services (such as an EAP), appropriate responses 

from supervisors, and referrals to culturally competent victim service providers for immediate and ongoing trauma-informed care and support, should be offered to employees who are victims of domestic 

violence, sexual violence, or stalking to minimize the impact of the violence on the victim and others in 

the workplace and to protect victim and workplace safety. 

Any worker who has a concern about the workplace impact of domestic violence, sexual violence, or 

stalking should be encouraged to contact appropriate personnel.

Employee Assistance Programs (EAPs)

EAPs can be a strategic partner and valuable resource in addressing domestic violence, sexual assault, 

and stalking as a workplace issue. The EAP should have the ability and intimate partner violence 

expertise to provide a variety of services to employees affected by these issues. The EAP should also be 

able to support agencies in their response to the needs of employees affected by domestic violence, 

sexual assault, and stalking. To the extent possible, the EAP should work in conjunction with agency

and/or building security, with the employee’s permission, to plan for the safety of the workgroup when 

incidents of domestic violence, sexual assault, or stalking affect the workplace.

Referrals of Victims and Resources List 

EAP Referral 

An EAP referral can be a simple tool to encourage victims of domestic violence, sexual assault, or 

stalking to seek out help from agency professionals at the EAP. The referral does not need to be 

written. 
20

Resources 

Agencies are encouraged to maintain a list of resources for victims of domestic violence, sexual assault, 

and stalking and should provide employees with information regarding crisis hotlines and local and 

national service providers, including EAPs when available, that can assist victims. The agency EAP may 

already have such resources available. In this case, the agency should make that information available 

to managers as well so that employees who are in immediate need can access this information easily. 

Employees and supervisors are encouraged to visit the Governmentwide Guidance on Workplace 

Violence. In addition, the Merit Systems Protection Board published a study in September 2012 on 

Employee Perceptions of Federal Workplace Violence.

Workplace Awareness and Outreach

Agency-specific policies should address increasing awareness of issues related to domestic violence, 

sexual assault, and stalking among both employees and managers. Below is a list of possible methods to 

increase awareness: 

• Agency-wide emails

• Website or newsletter alerts and articles 

• Posters, brochures, or safety cards: 

o Distributed to all employees

o Distributed in lunchrooms, meeting areas, and restrooms

o Available through human resources, employee services, and/or managers

o Distributed at agency employee events

Agencies should consider what methods of awareness and outreach are appropriate for them. 

Training

It is also critical that agency-specific policies address education and training options for supervisors, 

human resources professionals, EAP providers, and employees. At a minimum, agencies should provide 

regular training opportunities. 

Training elements for employees may include but are not limited to: 

• Explanation of why domestic violence, sexual assault, and stalking are workplace issues

• Acknowledgement of the potential difficulty in discussing domestic violence, sexual assault, and 

stalking

• Dynamics of domestic violence, sexual assault, and stalking

• Workplace responses, including education, referral services, support (such as EAP and through 

the human resources office), and safety and security

• Workplace flexibilities available to employees

• How to talk to a co-worker about domestic violence, sexual assault, and stalking 

• How to exercise cultural competence when addressing domestic violence, sexual assault, and 

stalking within a diverse Federal workforce 
21

In addition to the above, training elements for managers may include but are not limited to: 

• Worksite-specific actions that managers are required to implement when responding to threats 

of violence at work

• Policy-based responses to workplace needs of victims, including requests for time off, workplace 

flexibilities, and performance concerns

• Knowledge of internal resources (such as EAP and the human resources office) and external 

victim service organizations

• Ways to educate employees about the policy, including distributing information and resources 

at worksites

• Dynamics of the mental health aspects (e.g., depression and post-traumatic stress disorder) 

• Risk factors in vulnerable populations (e.g., older persons and persons with disabilities)

• Common behavior, reactions, and emotions of victims

• Understanding the unique domestic violence and sexual assault issues and higher statistics for 

individuals with disabilities, especially those with intellectual and developmental disabilities

• How to exercise cultural competence when discussing domestic violence, sexual assault, and

stalking with an employee or co-worker 

Agencies may use one or several of the following ways to provide training regarding domestic violence, 

sexual assault, and stalking in the workplace: 

• New employee orientation or new manager training

• In-person training or workshops

• Web-based training

• Video-conferencing

• Supplementing training with policy and resource content in employee handbooks, management 

guidebooks, or other written policy and procedural materials 

Training may involve partnering with national and/or local domestic violence, sexual assault, and 

stalking experts to offer immediate access to people with the knowledge to assist employees in need of 

support. Also, domestic violence, sexual assault, and stalking content may be incorporated into other 

training and training agendas, such as workplace violence prevention training, work/family seminars, 

health and safety trainings, basic manager training, and EAP orientations.

Training should include resources for employees who may disclose domestic violence, sexual assault, 

or stalking incidents during the training (such as on-site counselors with expertise in domestic 

violence, sexual assault, and stalking).
22

Building Safety and Security

It is imperative that agencies engage security personnel, leadership, and appropriate staff in the 

development of a policy. Although not mandatory, the following suggestions may assist with policy 

development. In order to ensure victim and workforce safety, agency policies should address multiple 

aspects of building and employee security. 

The most effective response in dealing with the workplace threat of a perpetrator's criminal behavior is 

to treat that threat like any external threat to the workplace. Do not expect that the victim has the 

ability to control or limit the risk.

Strategic Solutions

Effective strategic solutions are available to address the physical safety of victims in the workplace. 

Proactive solutions require planning and the creation of coordinated responses that are automatically 

triggered when a workplace threat presents itself. The backbone of such actions is a workplace policy 

that ties domestic violence, sexual assault, and stalking to agencies’ current policies and procedures on

workplace violence prevention and sexual harassment. 

Domestic Violence, Sexual Assault, and Stalking Response Team(s) 

Each agency should create one or more multi-disciplinary Domestic Violence, Sexual Assault, and 

Stalking Response Teams to assess incidents of domestic violence, sexual assault, and stalking impacting 

the workplace. These teams should be trained on addressing the needs of victims of domestic violence, 

sexual assault, and stalking. They should include representatives from the agency's security, human 

resources, employee assistance, and other appropriate offices. Taking into consideration this 

Guidance's confidentiality section, agency personnel, including human resources or security staff, who 

identify a situation may consider contacting the members of the team so that a plan can be developed 

and implemented in collaboration with the victim employee. Domestic violence, sexual assault, and 

stalking situations do not always need to be escalated to the response team level. In many instances, a 

victim can effectively handle the situation with his or her supervisor. 

The team should be tasked with developing recommendations for the specific threat reported to the 

team and work with the victim and management to implement the safety plan. The victim's own 

assessment of the level of threat must always be respected and factored into this process.32 Subject to 

any applicable legal restrictions (including but not limited to the Privacy Act), the victim should have 

access to the records of any response team discussions regarding him or her. 

In developing policies, agencies should consider whether they will want to create new sets of records 

relevant to domestic violence, sexual assault, and stalking response, or whether each responder will 

keep records within the existing scope of their responsibilities. For example, will multi-disciplinary 

response teams create their own records, or will each member keep his or her own records within the 

 

32 Adapted from: Defense Personnel Security Research Center, Combating Internal Workplace Violence: Guidelines 

for Employers and Law Enforcement, Washington, D.C.: Bureau of Justice Assistance, n.d., p. 12.
23

scope of his or her role on the team? Agencies should consider the confidentiality and Privacy Act 

implications of their record-keeping decisions.

Safety Planning 

Developing a workplace safety plan that includes and respects the views and preferences of the affected 

employee is an essential element of threat management. When a violent incident affects the 

workplace, it is important that employees and managers know what to do. In consultation with the 

victim and his or her supervisor, or other support personnel as appropriate, agency management 

officials should develop the workplace and telework components of their safety plans to assist victims. 

This planning may involve temporary changes, such as moving the employee to a more secure location 

or instituting an adjustment to the employee’s work schedule to make the employee less vulnerable to

attack. Agency security offices should also keep copies of restraining orders and photos of the 

perpetrator at all appropriate guard stations when made available and deemed appropriate. The agency 

Domestic Violence, Sexual Assault, and Stalking Response Team should also be involved in safety 

planning. 

To the greatest extent possible, agency security office personnel should refer victims to appropriate 

agency EAPs, as well as the FPS, state and local law enforcement, and community resources. These 

resources can assist victims with navigating the criminal justice system, obtaining a temporary 

restraining order and legal representation, and other victim concerns. Together with qualified agency

management, these resources can also advise victims on the following: 

• Dealing with telephone, internet, or mail harassment

• Addressing safety when entering or leaving a worksite, including walking between parking lots 

and worksite buildings

• Using technology to enhance safety (e.g., cellular phones)

• What to do if confronted in the workplace by the perpetrator

• What to do if the victim sees the perpetrator trying to enter the workplace

In addition, qualified agency security office personnel can provide a valuable first line of defense for 

employees who are pursued or stalked by a perpetrator. It is critical to involve the security office when 

the victim and perpetrator work in the same physical location. Perpetrators and stalkers are known to 

be extremely resourceful in gaining access to buildings and sites with even the best of security systems, 

often by simply talking their way in or getting someone on the inside to help. In reviewing site access 

and entry control systems and procedures, consider the following issues:

• How well trained are officers, including contract security officers, with respect to domestic 

violence, sexual assault, and stalking as it impacts the workplace?

• Are agency policies and procedures easily accessible and distributed as appropriate?

• Could a perpetrator or stalker talk his or her way past a security officer by claiming, for example, 

that he was there to have lunch with his wife or that he was authorized to make a package 

delivery?

• Do employees inside the building open the door to strangers who have "forgotten their IDs"?
24

• Do employees receive annual security training that incorporates discussion of workplace 

violence concerns? 

• Do employees have round-the-clock security, or could someone gain access to the building after 

hours?

Agencies should be prepared to take timely action every time they become aware of a problem or 

potential problem. These recommendations can be used as part of an overall workplace safety plan if 

there is an immediate threat to the employee:

• Distribute the perpetrator's photo to security guards

• Change the employee's work schedule when possible. This may be necessary to ensure that 

there is no disruption in the workplace. The employee must be able to perform his or her duties 

without fear of answering the phone. Additionally, reassigning a new schedule will go a long 

way towards showing that the agency is responsive to the employee

• Change the employee’s phone extension

• Have calls screened, transferring harassing calls to security if applicable

• With the victim’s consent, inform the victim’s co-workers and others about limiting information 

about the victim (e.g., victim’s whereabouts or time of return) that the perpetrator might 

attempt to obtain by telephone and internet communication

• To the greatest extent possible, ensure that hallways, elevators, parking lots, and offices are

well-lit

• Install security mirrors or emergency contact alarms at the employee’s work station (i.e., panic 

alarm)

• Offer the victim a parking space close to the building, if available 

• Develop procedures so that security personnel can accompany employees to their cars or to 

public transportation, particularly after dark if legally viable. Most security officers are 

restricted by law to stay on the premises. This practice may cause legal issues

Agency response teams should remain available to the employees to address workforce safety needs 

until relevant situations are resolved. This contact will increase the likelihood that the agency will 

receive critical updates on the perpetrator’s whereabouts and the status of legal proceedings. 

Addressing Physical Layout of Worksite 

Security personnel, supervisors, and other appropriate agency staff should work with victims to assess 

the physical layout of the worksite and identify possible threats to victim safety as well as changes that 

can be made to enhance safety. For example, victims who work in venues that are accessible to the 

general public, or where their view of people coming and going is obstructed, may have an increased 

sense of safety with a change in the physical placement or layout of their offices. Public service 

environments may present challenges that require an agency’s Domestic Violence, Sexual Assault, and 

Stalking Response Team to come up with alternative plans with the assistance of law enforcement, if 

necessary, and in consultation with victims. 
25

The following guidelines should be considered for each case of possible on-site intrusion:

• Ensure that the layout does not allow someone to sneak up on the victim (e.g., victim has back 

to the door, lobby, or street-level window) 

• Consider the use of barriers (desks, dividers, walls, furniture) between the victim and entrances 

that a perpetrator might use to enter the workplace 

• If the agency’s components have workplaces in multiple locations, it is helpful, and potentially 

lifesaving, to offer to relocate a threatened employee to alternate worksites unknown to the 

perpetrator. This relocation should be handled with the strictest confidentiality and respect for 

victim autonomy related to worksite relocation

For employees who work in non-office settings, agencies are urged to implement appropriate safety 

precautions.

Addressing Computer Technology Concerns

In consultation with the victim, the agency’s security personnel should coordinate with the agency’s 

computer technology personnel to address victim safety concerns. These concerns include the 

employee/perpetrator use of computer technology to harass or stalk a victim. As appropriate, the 

above-described safety plan should address these concerns, including removing identifying information, 

such as the victim’s telephone number and office location, from the agency’s and its component’s public 

websites. An employee who uses the agency equipment to engage in harassing or stalking behavior may 

be subject to disciplinary action up to and including removal from Federal service.

Firearms and Workplace Safety 

Relevant to domestic violence, employees are reminded of Federal law prohibiting possession of 

firearms. Specifically, under certain provisions of the Federal Gun Control Act, persons subject to a 

qualifying protection order (18 U.S.C. § 922 (g)(8)) or convicted of a qualifying misdemeanor crime of 

domestic violence (18 U.S.C. § 922(g)(9)) are prohibited from possessing firearms or ammunition. For 

more information about these provisions, see http://www.atf.gov/publications/download/i/atf-i-3310-

3.pdf and http://www.atf.gov/publications/download/i/atf-i-3310-2.pdf. 

The provision relating to misdemeanor crimes of domestic violence, also known as the “Lautenberg 

Amendment,” does not have an official use exemption. This means that if a person is convicted of a 

qualifying misdemeanor crime of domestic violence, he or she may not possess firearms even for official 

use, such as during duty as a law enforcement officer. 

In addition, Federal law prohibits the knowing possession of, or the causing to be present of, firearms or 

other dangerous weapons in Federal facilities and Federal court facilities by all persons not specifically 

authorized by 18 U.S.C. § 930(d). (See 41 C.F.R. § 102-74.440.) 
26

Working with Local Law Enforcement

Appropriate agency security personnel may determine that local law enforcement agencies should be 

contacted when there is a risk of violence that could affect one or more employees. Local police may 

have information that could be helpful in assessing the level of threat against an employee while he or 

she is at work. For example, they may have dealt with the perpetrator in the past and are familiar with 

his or her patterns of violence. Taking into consideration confidentiality concerns, it is critical that 

victims be informed that the police will be notified. 

The agency response team should identify which Federal or local law enforcement agency or agencies 

have responsibility for its worksite. For example, the FPS is the primary law enforcement service for 

responding to incidents in Federal facilities under the charge and control of the General Services 

Administration (GSA) as an owned or leased facility. FPS typically locates its offices in areas where there 

is a high concentration of Federal employees and is capable of providing timely responses to GSA-owned 

or leased facilities in these areas. For immediate responses to GSA-owned or leased facilities in rural 

areas and/or areas with a small Federal presence, law enforcement officials from local jurisdictions 

should be contacted. Agencies should refer to the following link to locate the FPS regional office for 

their jurisdictions: http://www.dhs.gov/report-suspicious-activity-federal-protective-service. 

Depending on the agency, location of the office, and the type of incident or situation, jurisdiction may 

vary. The agency’s own law enforcement organization, the FPS, or Federal, state, or local law 

enforcement, or a combination of these, may have jurisdiction. Gaps may exist in law enforcement 

coverage when issues of workplace violence arise. These gaps should be addressed in the agency’s 

emergency response and safety plan.

Some agencies have in-house security and/or law enforcement organizations. Others have contracts 

with private security firms. It is not always clear who has jurisdiction and who should be contacted, so 

agencies need to be ready with the information when the need arises. Each agency will need to address 

its jurisdiction issues.

Protection and Restraining Orders

Agencies should recognize that a victim may seek an order of protection or may receive a restraining 

order as part of his or her efforts to become safe and as part of his or her workplace safety plan. It is 

important to recognize that the workplace may or may not be included in an order as a location from 

which a perpetrator must remain away. If an employee chooses to disclose the existence of a protection

or restraining order, an agency, wherever possible (as determined in consultation with legal counsel), 

should assist the employee to enforce his or her order. Agencies should maintain such orders in a 

confidential and separate file from employee’s personnel file, and, if applicable, should assist the 

employee in gathering documentation from the workplace, such as email or voicemail messages, that 

could assist the employee’s efforts to obtain or maintain safety from a perpetrator. Agencies should 

consider the confidentiality and Privacy Act implications of their record-keeping decisions.
27

Suggested Safety Steps for Victims 

Agencies should consider the following safety steps in their guidance: 

• Encourage the employee to save any threatening email or voicemail messages. These messages 

may be used for future legal action or can serve as evidence that an existing restraining order 

was violated. 

• If the employee obtains a protection or restraining order, it should encompass the employee’s 

workplace or alternative worksites. The employee should keep a copy of this order with him or 

her at all times. The employee should be encouraged to provide a copy to the agency’s security 

office, local law enforcement, his or her supervisor, human resources staff, and other 

appropriate offices. The employee should also provide a picture of the perpetrator to his or her 

agency’s security offices and those staffing reception areas. 

• The employee should identify at least two emergency contact persons in case the employer is

unable to contact the employee. It must be clearly understood by the employee that these 

persons will be contacted when an unexplained absence occurs. If an absence is deemed 

appropriate, the employee should be clear about the plan to return to work. While absent, the 

employee should maintain contact with his or her manager or the designated agency contact. 
28

Accountability

Ensuring accountability is a necessary component of any successful agency-specific policy. This includes 

assigning responsibility within an agency for monitoring, evaluating, and reporting on progress.

Appointing a Point of Contact

Essential to ensuring accountability is having one central contact (individual or an office) and a regular 

report back to the agency stakeholders on progress. To that end, agencies should identify a single point 

of primary contact (POC) for this issue. The POC should be responsible for monitoring and evaluation 

efforts. 

Monitoring and Evaluating Agency Responses and Results

Monitoring is an important management function, and simple checks on whether new procedures are 

being consistently implemented are needed. It is important to review incident reports for both the 

quality of security responses and the number of actions taken. 

Any type of monitoring or evaluation depends in part on written or electronic records. It is crucial that 

detailed records relevant to domestic violence, sexual assault, and stalking incidents be kept in a 

properly secured, confidential file and only shared, as necessary, with appropriate personnel, such as 

those in security and management roles. In developing policies, agencies should consider whether they 

will want to create new sets of records relevant to domestic violence, sexual assault, and stalking 

response or whether each responder will keep records within the existing scope of their responsibilities. 

For example, will multi-disciplinary response teams create their own records, or will each member keep 

his or her own records within the scope of his or her role on the team? Agencies should consider the 

confidentiality and Privacy Act implications of their record-keeping decisions.

In order to ensure transparency and identification of areas of progress and needed improvement, 

agencies should prepare an annual summary report (based on fiscal year) on related activities to be 

shared with agency stakeholders. 

The report for a given agency should be an agency-wide review and should contain at least the following 

components:

• Goals for specified period of time (short- and long-term goals) 

• Progress toward meeting specified goals

• Identification of measures for evaluating program effectiveness 

Agencies should take special care to ensure that identifying information is not exposed in annual 

reports.
29

Evaluation Considerations

Agencies should consider a number of outcomes in monitoring programs related to domestic violence, 

sexual assault, and stalking, such as those described in the Annual Review Checklist in Appendix B. To 

monitor responses on an ongoing basis, it is recommended that agencies review their current employee 

surveys for the possibility of adding survey items related to this Guidance’s topics. Some issues that 

agencies might want to address in an employee survey are: (1) awareness of resources to address 

domestic violence, sexual assault, and stalking; (2) satisfaction with such resources; and (3) frequency of 

the use of support services. 

Additionally, it is important to monitor the usage rate of employees accessing services for victims of 

domestic violence, sexual assault, and stalking over time. Higher usage would tend to indicate that the 

services provided are meeting employee needs. To begin a process for regular monitoring of workplace 

responses to domestic violence, sexual assault, and stalking, agencies should consider the use of a 

questionnaire, such as the sample in Appendix C. 
30

Summary

Domestic violence, sexual assault, and stalking are serious forms of violence with multiple layers of 

consideration. Each of these has a direct impact on policy development. OPM strongly recommends 

that agencies consider the following areas when developing their policies: (1) workplace flexibilities, (2) 

disciplinary actions and legal considerations, (3) training, awareness, and employee assistance programs 

(EAP), (4) building safety and security, and (5) accountability.

OPM Contact: 

Questions should be addressed to worklife@opm.gov.
31

Appendices 
32

APPENDIX A

Indefinite Suspension Proposal Notice

DATE: 

TO: 

FROM: 

SUBJECT: Proposal of Indefinite Suspension

This is notice that I propose that you be suspended without pay for an indefinite period of time from 

your position as ____________. The information in the record indicates that there is reasonable cause 

to believe you may have committed a crime for which a sentence of imprisonment may be imposed. 

Accordingly, as provided by 5 U.S.C. § 7513(b)(1), you are being provided seven days’ advance notice of 

this proposed action. The proposed suspension, if instituted, will be effective no earlier than seven (7) 

calendar days following the date of your receipt of this notice. Should this proposal result in an 

indefinite suspension, it will remain in effect until the conclusion of your criminal proceedings, or until 

there is sufficient evidence to either return you to duty or to support an administrative action against 

you. The basis for this proposed indefinite suspension is Criminal Docket Case#: [cite if available]

The alleged criminal conduct of ______________ is serious in nature, has a direct relationship to your 

Federal employment and the duties you perform, and calls into question your trustworthiness. Your 

position as ____________ requires you to [state specific purpose]. The offenses described in the charge 

above are antithetical to the duties required of you in your [Agency] employment in that [explain how 

the public trust reposed in the employee has been breached by such conduct, how such conduct relates 

to the employee’s duties, and/or how such conduct impacts the Agency’s ability to trust the employee 

to carry out his or her duties in the future.]

I have considered the fact that [Agency] has a formal table of penalties, which provides for an indefinite 

suspension where an employee has engaged in “conduct which causes the employee to be indicted or 

charged with a criminal offense which is related directly to the duties of the employee’s position or the 

mission of the Agency and for which a sentence of imprisonment may be imposed.” Based upon the 

forgoing, I have considered that your retention in an active duty status or any pay status is not in the 

best interest of the [Agency]. This action is being taken to promote the efficiency of the Federal Service.

You will receive a final written decision on this proposal. If you are indefinitely suspended, the decision 

notice will inform you of the date on which your suspension without pay (non-pay, non-duty status) will 

begin.
33

You have the following rights in connection with this proposed action:

To Reply: You may answer this notice orally, in writing, or both. You should send any written reply to: 

[Deciding Official, Mailing Address]. 

You will be allowed seven (7) calendar days from the date you receive this notice to submit your written 

response. If you need an extension of the time limit for a reply, you may submit a written request to 

_______________. Should you wish to make an oral reply, please telephone [ER Specialist, Phone] 

within seven (7) calendar days upon receipt of this notice to schedule a time to present your oral reply. 

You may also submit affidavits and other documentary evidence in support of your answer.

To Be Represented: You are entitled to be represented by an attorney or other representative in this 

matter. Both you and your representative must complete and sign the enclosed “Memorandum for 

Designation of Representative” form and fax it to: [ER Specialist, Fax].

Should you choose to seek representation, we have enclosed an additional copy of this proposal letter.

To Review Materials: You and/or your representative may review all of the materials relied upon to 

support the reasons contained in this notice. You may arrange to do so by telephoning [ER Specialist, 

Phone]. 

Status During Notice Period: You will continue to be carried in non-duty, pay status (administrative 

leave) during the notice period, and until further notice. Therefore I am instructing you that during this 

period you are not to return to the [Agency] grounds for any purpose.

[The deciding official] will issue a decision as soon as possible after [he/she] receives your reply to this 

notice, or after the expiration of the 7 calendar day period should you not respond.

Any change in your address or telephone number needs to be reported to me so that the Agency may 

continue communicating with you about the status of your employment. Should you have any 

questions about the contents of this notice or your rights in connection with it, please contact [ER 

Specialist, Phone].

Sincerely,

[Proposing Manager]
34

APPENDIX B

Annual Review Checklist

The following checklist outlines information to consider in monitoring the effectiveness of strategic 

responses to domestic violence, sexual assault, and stalking. It is important to keep in mind that 

documenting such events may come across as a rise in incidence of violence. In actuality, any evidence 

of higher incidence may be a reflection of insufficient reporting in the past.

Set up a system for reporting the following and review these reports at least annually:

1) Number of employees and managers receiving training or educational information on domestic 

violence, sexual assault, and stalking (including sexual harassment, see Fact Sheet: What is 

Workplace Violence?)

2) Number of employees requesting information, referrals, or time off for needs relating to 

domestic, sexual assault, and stalking

3) Number of orders of protection or restraining orders (in aggregate form) given to management 

by employees or taken out by the employer in consultation with employee (see Protection 

Order Guide) 

4) Number and/or percentage of employees requesting help for domestic violence, sexual assault, 

and stalking through employee assistance services

5) Records of threat assessment and violence prevention actions related to domestic violence, 

sexual assault, and stalking, specifically plans made to respond to domestic violence, sexual 

assault, and stalking threats and/or prevent incidents of sexual harassment and violence (see 

Safety and Security Concerns) 

6) Incident reports of any violent events that involved employees or others at work

7) Changes to policies or procedures that were implemented during the last year

A review of the above information should provide a snapshot of activities over the year and a 

comparison for any prior year’s activities. Use the information to plan necessary changes to increase 

awareness of helpful responses to domestic violence, sexual assault, and stalking. 

Source: Adapted from Workplaces Respond to Domestic Violence and Sexual Assault. 2012. 

http://www.workplacesrespond.org/
35

APPENDIX C 

Sample Domestic Violence, Sexual Assault, and Stalking Checklist: Threat 

Assessment

All reports of threatening or violent conduct should be taken seriously and evaluated. While the 

method of evaluation, screening, and assessment will vary depending upon the size of the agency and 

security operation, as well as the nature and severity of the threat, the list below is a good guideline. If 

an employee self-discloses domestic violence, and it appears that they may be in immediate danger, call 

911. A threat assessment should take place if the danger is present, but not urgent. An agency must 

decide who should conduct the assessment, whether it should be security, a human resources

representative, or a manager. Be sure to let the employee know that only certain information will be 

shared with human resources, security and other key people within the organization to ensure his or her 

safety.

Call 911 if you are ever in immediate danger.

1) What is the situation? Please explain the details.

2) Has your significant other made any threats?

3) What type of abuse have you been exposed to?

4) Have there been any harassing phone calls?

5) Have there been any harassing phone mail messages?

a) If so, have they been deleted? (Explain how the organization can help screen and/or record 

them).

6) Are your co-workers aware of the situation? 

a) If so, who are they and what information has been given to them?

7) Does your significant other know where you work? Has he/she visited the facility in the past?

8) Does your significant other have a history of violence?

a) If so, please explain each situation.

9) Do you think you or others are in danger here? (The victim knows best what the abuser is capable 

of.) 

10) Does your significant other possess any type of firearms or weapons?

a) If so, are they registered?

b) Please describe the type (handgun, shotgun, assault rifle, etc.) 

11) What is the status of your relationship?

12) Have you contacted the EAP or a domestic violence program in the community?
36

13) Can I help you gather or provide you with the numbers of local domestic violence resources?

14) Has a report been filed with the police?

a) If so, please provide a copy of the report

15) Has an order of protection been issued?

a) If so, please provide us with a copy.

b) If not, will one be filed?

16) Can you provide us with a description and current picture of the abuser?

17) What is your need for safety NOW?

18) Do you need time off to attend court?

19) Do you need more extended leave to find safe housing or address other safety concerns?

20) Do you need time off or flexible hours to arrange for childcare?

21) Do you need to be escorted to and from your car/public transportation?

22) Do you need to change your hours or location?

23) Do you have the confidential security hotline handy?

24) Do you have a safety plan?

a) If not, it would be a good idea to work with a domestic violence counselor to create one.

25) Do you feel safe at work? 

a) Has your significant other/spouse/partner (use the term the victim uses) made any threats, 

specifically to try to hurt you at work?

26) Do you need any further assistance?

At this point, if there is no threat to the safety of the victim at work, offer referrals to local domestic 

violence counselors and/or the EAP. Each case is different and responses must be tailored to the 

circumstances. When the threat assessment process determines that a high level of planning or 

response is needed, the more intensive step of gathering the Domestic Violence, Sexual Assault, and 

Stalking Response Team should be taken. Always consult your security department, the police or other 

experts to help you make an accurate threat assessment.

Source: Safe@Work Coalition. 2012. http://www.incasa.org/PDF/2012/safeatworkcoalition.pdf
United State

Office of Personnel Manage

Employee Services

Strategic Workforce Planning

Work Life and Performance Culture 

1900 E Street, NW

Washington, DC 20415

ES/SWP/WLPC-02-13