Domestic Violence Leave: Taking Time Off Work
Victims of domestic violence may have the right to take time off work.
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If you are the victim of domestic violence, you may have the right to take time off from work. The federal Family and Medical Leave Act (FMLA) and some state laws allow domestic violence victims to take leave from work in certain circumstances.
Domestic violence -- mental or physical abuse at the hands of an intimate partner -- often affects the victims' ability to work. According to Legal Momentum, an advocacy group, victims of domestic violence lose an average of 137 hours of work a year. Some need time off to seek medical attention, secure a restraining order, or relocate to a safe place. Others are prevented from getting to work when an abuser disables or takes the car, sabotages childcare arrangements, or leaves the victim without cash to use public transportation.
These problems have led a number of states to pass domestic violence leave laws, which give victims of domestic violence the right to take time off for certain reasons. Some states also allow those who are victims of, or witnesses to, a crime to take time off to attend court proceedings. These laws apply to victims of crime in general, which includes victims of domestic violence. And, the federal Family and Medical Leave Act (FMLA) may also provide a right to leave for some domestic violence victims.
State Domestic Violence Leave Laws
Almost a dozen states -- including California, Florida, Illinois, and Washington -- and the District of Columbia have passed laws giving victims of domestic violence the right to take some time off work. These laws vary significantly in the details, including:
- How much time off. Some states allow employees to take up to a set amount of days or weeks off; other states allow employees to take a "reasonable" amount of leave or simply prohibit employers from disciplining or firing employees who take time off for reasons related to domestic leave.
- Reasons for leave. The list of covered activities varies by state, but most allow time off for medical care and psychological counseling, relocation or other safety planning, and seeking a restraining order or participating in legal proceedings relating to domestic violence.
- Notice and paperwork requirements. Most states require employees to give reasonable advance notice that they will need leave, although these laws also recognize that the employee may be facing an emergency and be unable to give notice. State law may also require employees to provide some written proof that they took leave for reasons related to domestic violence.
- Use of paid leave. Currently, no state requires employers to pay employees for this time off, although the District of Columbia has done so since the end of 2008. Some states allow employees to use their paid leave (such as sick or vacation days) while taking time off for domestic violence; others require employees to use up all of their paid leave before taking domestic violence leave.
You can find information on each state's domestic violence leave laws at www.legalmomentum.org (look for the article titled Employment Rights for Victims of Domestic or Sexual Violence).
State Crime Victim Laws
In addition to laws that require employers to provide domestic violence leave, most states have laws that protect employees who must take time off for legal matters relating to a criminal case in which they are a victim or witness. These laws differ in the legal matters they cover. Some states protect only employees who have been subpoenaed to appear in court and testify; others cover more activities, such as seeking a restraining order, attending court hearings, or preparing to testify.
Family and Medical Leave Act (FMLA)
The FMLA is a federal law that allows certain employees to take up to 12 weeks off every 12 months for their own serious health conditions, to care for a family member with a serious health condition, or to care for a new child (among other things). An employee who is physically injured or develops psychological trauma as a result of domestic violence might be entitled to FMLA leave. An employee might also be able to take time off to care for a parent or child who has been a victim of domestic violence.
FMLA leave is unpaid, although employees may use their accrued paid sick or vacation leave while on FMLA leave. The FMLA applies only to employers that have at least 50 employees working within 75 miles of each other. Employees are eligible for FMLA if they have worked for at least a year and at least 1,250 hours in the past year, for a covered employer. (To learn more about the FMLA, read Nolo's article, Taking Family and Medical Leave.)
To learn more about taking time off from work, including domestic violence leave, get Your Rights in the Workplace, by Barbara Kate Repa (Nolo).