Domestic violence leave allows eligible employees to take time off for safety, medical care, legal help, counseling, relocation, or court proceedings after domestic violence, sexual assault, stalking, or another qualifying act of violence.
Leave rights vary by state. Some states provide paid safe leave through sick leave laws. Others provide unpaid leave, crime victim leave, or workplace accommodations. A few states have no broad statewide domestic violence leave law, though local laws or employer policies may still apply.
What Is Domestic Violence Leave?
Domestic violence leave is job-protected time off related to abuse, violence, or safety needs. The exact wording depends on state law.
An employee may be able to use leave to:
- Seek medical attention
- Obtain a restraining order
- Attend court or meet with law enforcement
- Get counseling or victim services
- Relocate or secure housing
- Create a safety plan
- Help a child or family member affected by violence
Domestic violence can include physical abuse, sexual abuse, stalking, threats, coercive control, emotional abuse, financial abuse, or cyber abuse. Her Lawyer’s article on why domestic violence victims stay explains some of the safety, financial, and family pressures survivors may face.
Domestic Violence Leave Laws by State in 2026
A 2026 50-state domestic violence leave chart identifies many states with current or enacted leave protections. These laws differ in employer coverage, paid versus unpaid leave, eligible family members, documentation, and the amount of time available.
States with some form of statewide domestic violence leave, safe leave, crime victim leave, or required accommodation that may apply to domestic violence-related absences include:
Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington.
States where no broad statewide domestic violence leave or safe leave law was identified include:
Alabama, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, West Virginia, Wisconsin, and Wyoming.
This does not mean an employee in those states has no protection at all. Local ordinances, paid sick leave laws, crime victim protections, disability laws, unemployment rules, workplace policies, or collective bargaining agreements may still apply.
Paid vs. Unpaid Domestic Violence Leave
Some states allow employees to use paid sick leave for domestic violence-related needs. These laws may call the time “safe leave” or include domestic violence as a permitted use of sick time.
Other states provide unpaid leave. Unpaid leave can still protect the employee’s job if the law applies. In some states, the employee may be allowed or required to use available vacation, sick time, personal leave, or PTO.
The amount of leave also varies. Some states allow only a few days per year. Others allow reasonable time off or longer leave periods when the employee meets the legal requirements.
California Domestic Violence Leave in 2026
California has expanded protections for victims and family members of victims. Under Government Code Section 12945.8, California employers cannot discriminate or retaliate against an employee for taking protected time off for certain violence-related reasons.
California law may protect time off to obtain a restraining order, attend court, seek medical care, obtain victim services, get counseling, relocate, participate in safety planning, or help certain family members affected by violence.
Employers with 25 or more employees have additional duties for certain leave purposes. California law also allows reasonable workplace accommodations related to safety, such as schedule changes, reassignment, modified workstations, changed phone numbers, locks, or safety procedures.
The law protects victims of domestic violence, sexual assault, stalking, and other qualifying acts of violence. It may apply regardless of whether anyone was arrested, prosecuted, or convicted.
California’s older Labor Code protections still matter for some past violations, but many current retaliation and accommodation protections now appear under the Fair Employment and Housing Act. The California Department of Industrial Relations summarizes these changes in its page on laws that prohibit retaliation and discrimination.
Can an Employer Ask for Documentation?
Many states allow employers to request reasonable documentation. The required proof depends on state law.
Documentation may include:
- A police report
- A court order
- A restraining order
- A note from a medical provider
- Documentation from a counselor or victim advocate
- A written statement from the employee
- Records from a victim services organization
California allows several forms of certification, including a written statement in some circumstances. Employers must also keep qualifying information confidential, except when disclosure is required by law or necessary for workplace safety.
Can an Employer Retaliate?
Employers generally cannot fire, demote, discipline, threaten, or discriminate against an employee for using protected domestic violence leave when the law applies.
Retaliation can include schedule cuts, reduced hours, denial of promotion, harassment, or punishment after requesting leave or safety accommodations.
Survivors may also face barriers outside the workplace. Her Lawyer’s article on domestic violence during COVID-19 discusses how isolation, financial pressure, and limited privacy can make it harder to seek help.
What Should an Employee Do Before Taking Leave?
When safe and possible, an employee should give reasonable advance notice. If advance notice is not safe or practical, the employee may need to provide certification afterward, depending on state law.
An employee should keep copies of leave requests, employer responses, schedules, pay records, and any retaliation-related messages. These records may help if a dispute later arises.
If immediate danger exists, safety should come first. The National Domestic Violence Hotline offers confidential support at thehotline.org and by phone at 800-799-7233.
FAQs About Domestic Violence Leave by State
Do all states have domestic violence leave laws?
No. Many states have domestic violence leave, safe leave, paid sick leave, crime victim leave, or accommodation laws. Some states do not have a broad statewide domestic violence leave law.
Is domestic violence leave paid?
Sometimes. Some states provide paid safe leave through sick leave or paid leave laws. Other states provide unpaid protected leave.
Can leave be used to attend court?
Often, yes. Many states allow leave to attend court, obtain protective orders, meet with attorneys, or participate in legal proceedings.
Can an employee take leave for a family member?
Some states allow leave to help a child, spouse, parent, domestic partner, or other covered family member. The definition of family member varies by state.
Help With Domestic Violence Leave Rights
Domestic violence leave laws can affect job security, safety planning, court participation, and access to medical or counseling services. The best option depends on the employee’s state, employer size, available paid leave, and safety needs.
Her Lawyer’s California domestic violence attorneys assist with legal issues involving abuse, restraining orders, safety, and related employment concerns. Contact Her Lawyer to discuss domestic violence leave rights or related legal protections.