🛡️

Domestic Violence Leave

Leave for victims of domestic violence, sexual assault, or stalking

Typical Duration:3-15 days, depending on state
Paid vs Unpaid:Most state laws provide unpaid leave, but employees may use accrued paid leave

What is Domestic Violence Leave?

Domestic violence leave (also called safe leave) provides time off for employees who are victims of domestic violence, sexual assault, stalking, or related crimes. This leave allows employees to seek medical attention, obtain protective orders, attend court proceedings, or relocate to safety.

Federal Requirements

No specific federal domestic violence leave requirement. VAWA provides some protections. Many state sick leave laws allow use for domestic violence situations.

State-by-State Requirements

CaliforniaUp to 10 days for employers with 25+ employees
ColoradoUp to 3 days for employers with 50+ employees
ConnecticutUp to 12 days for victims of family violence
FloridaUp to 3 days for employers with 50+ employees
HawaiiUp to 5 days per year
IllinoisVictims' Economic Security and Safety Act: 8-12 weeks unpaid
MaineReasonable leave for employers with 25+ employees
MassachusettsUp to 15 days unpaid
NevadaUp to 160 hours unpaid for employers with 50+ employees
New JerseyUp to 20 days unpaid (NJ SAFE Act)
New YorkSick leave can be used for domestic violence situations
OregonReasonable leave (covered under OFLA)
WashingtonReasonable leave under Domestic Violence Leave Act

View complete state leave laws →

Eligibility Requirements

  • Victim of domestic violence, sexual assault, stalking, or related crime
  • May include family members of victims
  • May require documentation (police report, protective order, etc.)
  • Certification requirements vary by state

Employer Obligations

  • ⚠️Provide leave per state requirements
  • ⚠️Maintain confidentiality
  • ⚠️Not discriminate or retaliate
  • ⚠️Make reasonable safety accommodations
  • ⚠️Keep documentation in separate confidential files

Employee Rights

  • Time off for safety-related activities
  • Confidentiality of situation
  • Protection from discrimination or retaliation
  • Reasonable workplace safety accommodations

Best Practices for Employers

  • 💡Offer domestic violence leave even if not state-required
  • 💡Provide paid leave for domestic violence situations
  • 💡Train managers on confidential handling
  • 💡Partner with domestic violence resources
  • 💡Create safety plans for affected employees
  • 💡Don't require extensive documentation

Frequently Asked Questions

What can domestic violence leave be used for?

Seeking medical attention, counseling, legal assistance, court proceedings, obtaining protective orders, relocating, or other safety-related needs.

Is domestic violence leave confidential?

Yes. Employers must maintain confidentiality about domestic violence situations. Documentation should be kept in separate confidential files.

Do I need to prove I'm a victim?

Documentation requirements vary by state. Some accept self-certification, others may require a police report, protective order, or statement from counselor/advocate.

Track Domestic Violence Leave Easily

LeavePlan Pro helps you manage all types of employee leave, ensuring compliance and making tracking effortless.

Related Leave Types