Employment, DV, and Your Rights

New Employment Protection Law for Survivors of Domestic Violence

In March, Washington State's legislature passed a bill that helps support survivors' economic stability. HB 2602 prohibits employers from firing or demoting employees who have to take time off to attend to issues related to domestic violence, sexual assault or stalking. This bill was written to take effect immediately, and is now part of Washington State law as of April 1, 2008 when the Governor signed it.

This is a big victory for survivors in Washington who need to both keep their jobs and take action to respond to domestic violence. Since we know that having access to money and resources increases a survivor's options, this new law will be an asset for safety planning across the state. Employees may now take time off to deal with domestic violence and its consequences without fear of losing their job or being demoted.

Details of the Law

Who:

• applies to employers of all sizes.

• part time employees are included in the protections.

• victims of domestic violence, sexual assault, and/or stalking can all utilize the protections of this law. Employees who must take time off to help a child, intimate partner, parent, or grandparent who is a victim are also included.

What:

• The law allows for flexibility and does not stipulate what reasons for leave are or are not acceptable. Reasons for leave may include going to court, getting medical treatment, or moving to a shelter or another home.

• The law says the amount of time someone takes for this leave must be "reasonable" to addressing the domestic violence, sexual assault or stalking.

How:

• Leave can be paid or unpaid leave. Employers are not required to offer paid leave.

• This type of leave can be taken intermittently. For example, if a survivor takes off one day of work for a court date, and is then informed that she must return to court two weeks later, she can take this type of leave for that upcoming court date as well.

• Employers may ask employees to verify that they are victims of domestic violence before approving this type of leave. Documents that can be used as verification are a written statement from the employee or a professional that has helped (like an advocate, clergy member, or health care provider), court order, or police report.

If an employer denies leave or demotes a survivor when she returns to work, she can file a complaint with the state Department of Labor & Industries or file a civil action in court. For more information, read this document fromLegal Voice on this new law: