Washington State provides victims of domestic violence, sexual assault, or stalking, the opportunity to take time off from work. This leave is available to all employees and qualifying family members.
Victims and their family members can use domestic violence leave for:
- Legal or law enforcement assistance and court proceedings.
- Medical and psychological help.
- Help from social service programs.
- Safety planning.
- Relocating.
Domestic violence leave is not limited by an employee’s available paid time off. It can include reasonable amounts of unpaid leave. Employees can also request a reasonable safety accommodation from their employer. An employee’s job is protected by law when using this leave.
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If you or a qualifying family member has experienced domestic violence, sexual assault or stalking, you can use any available leave including:
- Paid time off.
- Sick leave.
- Leave without pay.
Leave can be used as a single block of time, intermittently, or on an adjusted schedule.
Safety accommodations
Victims of domestic violence, sexual assault or stalking and their qualifying family members can request a reasonable safety accommodation at their place of work, which can include:
- A job transfer or reassignment.
- Changing work telephone or email.
- Implementation of safety procedures.
Reasonable safety accommodations must be in response to actual or threatened domestic violence, sexual assault, or stalking. Employers must provide reasonable safety accommodations when requested, unless they create an undue hardship.
If you feel your employer has violated your rights under the Domestic Violence Leave Act, you can file a protected leave complaint.
Documentation
When an employee requests to use domestic violence leave or requests a reasonable safety accommodation, the employer can request that the leave or accommodation be supported by verification. Appropriate documentation can include:
- Police reports or court documents.
- An employee’s written statement.
- A statement from a provider, clergy, attorney, or advocate.
Reasonable safety accommodations must be in response to actual or threatened domestic violence, sexual assault, or stalking. Employers must provide reasonable safety accommodations when requested, unless it creates an undue hardship.
Confidentiality
An employee is not required to produce or discuss any information with the employer that is beyond the scope of verification or that would compromise the safety of the employee or employee’s family member.
Employers must maintain confidentiality of all information and documentation provided by the employee.
Employers cannot retaliate or discriminate against an actual or perceived victim of domestic violence, sexual assault, or stalking or any qualifying family member. Employers must also accommodate requests for time off, safety accommodations, and allow employees to use any available paid or unpaid leave as needed.
Safety accommodations
Victims of domestic violence, sexual assault or stalking and their qualifying family members can request a reasonable safety accommodation at their place of work, which can include:
- A job transfer or reassignment.
- Changing work telephone or email.
- Implementation of safety procedures.
Reasonable safety accommodations must be in response to actual or threatened domestic violence, sexual assault, or stalking. Employers must provide reasonable safety accommodations when requested, unless it creates an undue hardship.
Documentation
When an employee requests to use domestic violence leave or requests a reasonable safety accommodation, the employer can request that the leave or accommodation be supported by verification. Appropriate documentation can include:
- Police report or court documents.
- Employee’s written statement.
- Statement from a provider, clergy, or advocate.
Employers must protect the employee’s rights to privacy and should treat reports of domestic violence with discretion. All protected, sensitive, or confidential documentation, reports, and records must be handled according to all applicable state and federal privacy laws.
Confidentiality
An employee is not required to produce or discuss any information with the employer that is beyond the scope of verification or that would compromise the safety of the employee or employee’s family member.
Employers must maintain confidentiality of all information and documentation provided by the employee.