Assault leave: Overview, definition, and example
What is assault leave?
Assault leave is a type of leave provided to employees who are victims of workplace violence or assault. It allows the employee to take time off from work to recover from physical or emotional injuries sustained as a result of an assault that occurred during the course of their employment. The leave may be paid or unpaid, depending on the employer’s policy or the jurisdiction's laws, and may include time for medical treatment, counseling, or recovery from any physical or mental trauma.
For example, if an employee is physically attacked while working in a public-facing role, such as a retail store or hospital, the employer may grant them assault leave to recover from the incident.
Why is assault leave important?
Assault leave is important because it ensures that employees who are victims of workplace violence can recover without the added stress of financial hardship or workplace obligations. It protects the employee’s well-being and promotes a safe and supportive work environment. For employers, offering assault leave can demonstrate a commitment to employee safety, reduce workplace tensions, and minimize the impact of violent incidents on overall productivity.
For employees, assault leave provides necessary time to heal and attend to their physical and emotional recovery, helping them return to work when they are ready. For employers, it helps prevent legal complications and promotes a culture of care and responsibility.
Understanding assault leave through an example
Imagine a healthcare worker is attacked by a patient while performing their duties in a hospital. After the incident, the worker needs time to recover from physical injuries and may also experience psychological trauma. The hospital grants assault leave, allowing the worker to take time off for treatment and recovery, with the assurance that their position will remain protected.
In another example, an employee in a retail store is assaulted by a customer during a confrontation. The employee is allowed to take assault leave to recover from the injuries and to seek counseling to cope with the emotional impact.
Example of an assault leave clause
Here’s how an assault leave clause might appear in an employee handbook or employment agreement:
"If an Employee is the victim of an assault while performing job duties, the Employee may request Assault Leave. The Employee will be granted [specified number of days] of paid or unpaid leave to recover from any physical or emotional injuries. The Employee is required to provide appropriate documentation, such as a medical certificate or police report, to support the leave request. Assault Leave may be extended upon approval if further recovery is necessary."
Conclusion
Assault leave is an important policy that helps protect employees who experience workplace violence, allowing them to recover without the fear of losing income or their job. It helps ensure that employees feel supported after traumatic events and encourages a safer, more supportive work environment.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.