Washington Domestic Violence Leave Act: Protection for Employees
To support employees facing the challenges of domestic violence, the state of Washington enacted the Domestic Violence Leave Act (DVLA), RCW Chapter 49.76.
The DLVA allows employees to take reasonable leave from work to address issues arising from domestic violence, sexual assault, or stalking. This leave can be used by victims of such acts or by employees whose family members are victims. This can include:
Seeking legal or law enforcement assistance.
Attending court proceedings.
Seeking medical treatment for physical or mental health.
Obtaining services from a domestic violence shelter or rape crisis center.
Participating in safety planning or relocation efforts.
One of the most significant protections under the DVLA is job security. Employers are required to keep the employee’s job open during their leave. Upon return, the employee should be reinstated to their original position or an equivalent one with the same pay and benefits.
Employers must maintain confidentiality regarding any information related to the employee’s leave under the DVLA. This includes the fact that the employee took leave because of domestic violence, sexual assault, or stalking. Such information should not be disclosed unless the employee requests or consents to the disclosure, or if otherwise required by law.
While employees are encouraged to provide advanced notice, the act recognizes that this may not always be feasible. In emergencies, employees can provide notice as soon as practicable. Employers may require verification of the need for leave, such as a police report, court order, or documentation from a health care provider or advocate.
The DVLA itself does not mandate paid leave. However, employees may choose to use any accrued paid leave, such as sick leave or vacation time, during their domestic violence leave. Employers are encouraged to accommodate the needs of employees to ensure they can address critical issues without financial hardship.
Employers are prohibited from retaliating against employees for exercising their rights under the DVLA. This means that employees cannot be fired, demoted, or subjected to any adverse employment action for taking leave related to domestic violence, sexual assault, or stalking.
Domestic violence, sexual assault, and stalking can have extreme effects on an individual’s life, including their ability to work. By understanding and utilizing the provisions of the DVLA, employees can better navigate their difficult circumstances while maintaining their employment and dignity.
If you or someone you know is experiencing domestic violence, consider reaching out to an experienced lawyer for support and assistance. No one should have to face these challenges alone.