Washington Victims of Domestic or Sexual Violence 49.76.010

Covered Employers: All employers

Employee Eligibility: All employees

Entitlement: Employer must provide reasonable leave from employment for employees who are victims of domestic violence, sexual assault, or stalking, or for employees whose family members (defined as children, spouses, parents, parents-in-law, grandparents, or any other person with whom the employee has a dating relationship) are victims, to seek or participate in legal proceedings, receive medical treatment, or obtain other necessary services.

Employer Notice: The department shall include notice of the provisions of this chapter in the next reprinting of employment posters printed under RCW 49.78.340. Employers shall post this notice as required in RCW 49.78.340.

Employee Notice: As a condition of taking leave for any purpose described in RCW 49.76.030, an employee shall give an employer advance notice of the employee's intention to take leave. The timing of the notice shall be consistent with the employer's stated policy for requesting such leave, if the employer has such a policy. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, the employee or his or her designee must give notice to the employer no later than the end of the first day that the employee takes such leave.

Obligation to Provide Certifications or Documents Supporting Need for Leave: When an employee requests leave, the employer may require that the request be supported by a police report, court order, or other documentation that the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Such certification may be provided by an advocate for victims of domestic violence, sexual assault, or stalking; an attorney; a member of the clergy; or a medical or other professional. The employee may also satisfy the employer's verification requirements by providing their own written statement. The employer must maintain the confidentiality of all information provided by the employee unless requested or consented by the employee, ordered by a court or administrative agency, or otherwise required by applicable federal or state law.

Paid?: An employee who is absent from work may elect to use the employee's sick leave and other paid time off, compensatory time, or unpaid leave time.

Benefits: The taking of leave under RCW 49.76.030 may not result in the loss of any pay or benefits to the employee that accrued before the date on which the leave commenced. To the extent allowed by law, an employer shall maintain coverage under any health insurance plan for an employee who takes leave under RCW 49.76.030. The coverage must be maintained for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had not taken the leave.

Reinstatement: Upon an employee's return, an employer shall either restore the employee to the position of employment held by the employee when the leave commenced; or restore the employee to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

Other Important Definitions/Requirements: An employer may not refuse to hire, discharge, demote, suspend, discriminate, retaliate or refuse to make a reasonable safety accommodation for an an otherwise qualified individual because they are an actual or perceived victim of domestic violence, sexual assault, or stalking, or because they asserted their rights under the law.

Relationship with Other Leave: None specified

Absence Specification