Victims of domestic violence often need to take time off from work to address domestic violence, sexual assault, or stalking. However, many victims of domestic violence fail to do so because they fear that they will lose their job, or be discriminated against in the workplace. To address this issue, the Washington State legislature enacted RCW 49.76 on April 1, 2008.
Under the Domestic Violence Leave Act, an employee may take reasonable leave from work, intermittent leave, or leave on a reduced leave schedule, with or without pay, to: (1) seek legal or law enforcement help; (2) seek treatment from a health care provider for physical or mental injuries; (3) help a family member get services from a domestic violence shelter, rape crisis center, mental health counseling or other social service program; and (4) participate in safety planning, temporarily or permanently move, or take other actions to increase the safety of the employee or employee’s family member. RCW 49.76.030.
Under the Domestic Violence Leave Act, employers cannot take any negative actions against employees for exercising these rights. Negative actions can include: (1) retaliation; (2) demotion; (3) discrimination; (4) termination; or (5) actions that negatively impact promotion, compensation, or other conditions of employment. RCW 49.76.115. If an employer fires you for exercising these rights, they must give you your job back. However, this rule does not apply to temporary staffing agencies that employ you for a temporary job.
Employers are allowed to seek verification from employees who request leave under this Act. Employees can provide verification by giving the employer a written statement stating that the employee or one of their family members is a victim of domestic violence. Additionally, employees can provide verification by submitting a police report, court order, or documentation from a healthcare provider. https://www.lni.wa.gov/WorkplaceRights/LeaveBenefits/FamilyCare/DomViolence/default.asp.
If an employer refuses to let an employee take leave or if the employer fires or demotes an employee for exercising their rights under this Act, the employee can file a civil action in court. For civil actions, an employee can ask the court to order the employer to give the employee their job back, or compensate the employee for lost wages and other damages. Equally important, an employee can file a complaint with the Department of Labor and Industries. If the Department of Labor and Industries concludes that the employer violated this law, they may issue an infraction, and also fine the employer $500 for the first offense. For subsequent offenses, L&I may fine the employer $1,000. In some cases, L&I may also require the employer to give the employee their job back. https://www.legalvoice.org/leave-from-work-for-survivors.
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