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November 12, 2025
Washington’s Domestic Violence Leave Act (“DVLA”) extends leave and safety accommodations to employees dealing with domestic violence, sexual assault, or stalking. Effective January 1, 2026, Washington will extend these accommodations to employees dealing with hate crimes.
Scope of the DVLA
The DVLA applies to Washington employers with one or more employees. Under the existing DVLA, an employee who is – or has a family member who is – the victim of domestic violence, sexual assault, or stalking may seek reasonable leave and/or safety accommodations so they can obtain legal and law enforcement assistance, health care treatment, mental health counseling, social services program benefits, and safety planning or relocation. As a result of Washington Senate Bill 5101, these protections will soon be extended to an employee who is – or who has a family member who is – the victim of a hate crime.
A “hate crime” is defined as the malicious and intentional commission, attempted commission, or alleged commission of any of the following acts due to the perception of another person’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability:
The DVLA provides that a hate crime can be committed through online or Internet-based communications.
The DVLA’s Requirements
An employee taking leave under the DVLA must provide their employer with reasonable notice of the leave as dictated by the employer’s policy, unless doing so is not possible due to an emergency or unforeseen circumstances. In the latter instance, the employee must notify the employer no later than the end of the first day that the employee takes the leave. Although the leave is generally unpaid, an employee may use sick time or other paid time off during the DVLA leave period.
An employer may request documentation to verify the DVLA leave, which the employee must provide in a timely manner. However, an employee is not required to disclose information that would compromise the safety of the employee or a family member. The employer must maintain the confidentiality of any documentation provided under the DVLA.
The DVLA’s Protections
Finally, an employee taking leave under the DVLA is entitled to job-related protections. An employer may not refuse to hire an otherwise qualified individual because they are an actual or perceived victim of domestic violence, sexual assault, stalking, or a hate crime. In addition, an employer may not take an adverse employment action or otherwise discriminate or retaliate against an employee because they are an actual or perceived victim of domestic violence, sexual assault, stalking, or a hate crime. Finally, an employer cannot refuse to make reasonable safety accommodations for employees under the DVLA unless the employer can demonstrate the accommodation would impose an undue hardship.
Employer Takeaways
Employers should review and update their policies to ensure compliance with the DVLA. Employers also should train employees on the DVLA’s requirements and keep accurate records of leave taken pursuant to the DVLA.
The author of this article, Maria V. Martin, is a member of the Bars of New Jersey, New York, Ohio, and Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, New York, Ohio, Pennsylvania, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
