Washington Domestic Violence Leave: Updates for 2026

Employees in Washington State who are victims of domestic violence, sexual assault, or stalking are entitled to time off from work as well as certain accommodations at work. This article will guide you through the basics of the Washington Domestic Violence Leave Act, including the recent updates that will go into effect on January 1st, 2026.

Washington Domestic Violence Rights and Protections

Employees in Washington who are covered under Washington's Domestic Violence Leave Act are entitled to leave rights, as well as rights to reasonable accommodations at work. Here is what employers should know about each:

Washington Domestic Violence Leave

The state of Washington provides victims of domestic violence, sexual assault, or stalking the opportunity to take time off from work. This also includes qualifying family members of victims. 

Qualifying family members include: 

• Child
• Spouse
• Parent
• Parent-in-law
• Grandparent
• Person with whom the employee has a dating relationship

Important to note is that leave under the Washington Domestic Violence Leave Act is job-protected. 

2026 Updates

As of January 1st, 2026, the Washington Domestic Violence Leave Act will expand its coverage to include victims of hate crimes and their qualified family members in addition to the victims previously mentioned. 

The term "Hate crime" under this law includes offenses that are committed through online or internet-based communication.

Uses for Domestic Violence Leave

Victims and their family members can use domestic violence leave for the following qualified uses:

• Legal or law enforcement assistance and court proceedings
• Medical and psychological help
• Help from social service programs
• Safety planning
• Relocating

Leave can be taken in a single block of time, intermittently, or to create an adjusted schedule.

Is Leave Paid or Unpaid?

Domestic violence leave is not limited by an employee’s available paid time off. It can include reasonable amounts of unpaid leave.

The law provides unpaid time off. But employees with access to paid time off or sick leave must be allowed to use that leave for purposes under this law.

Reasonable Accommodation Rights

In addition to the leave rights, employees can also request a reasonable safety accommodation from their employer if they are a victim of domestic violence, sexual assault, or stalking. Starting January 1st, 2026, this also includes victims of hate crimes.

Qualifying family members (defined earlier) also have the right to request reasonable safety accommodations.

Important to note is that reasonable safety accommodations must be in response to actual or threatened domestic violence, sexual assault, or stalking (and as of January 1st, 2026, hate crimes). However, if an accommodation request presents an undue hardship, the employer is not at fault if the request cannot be met. 

What Are Reasonable Safety Accommodations?

Reasonable safety accommodations can include: 

• A job transfer or reassignment
• Changing work telephone or email
• Implementation of safety procedures

Can Employers Ask for Proof?

If an employee or a qualified family member makes a request for leave under this law, or a reasonable accommodation, an employer can require that the request be verified, up to certain restrictions. 

Employers are within their rights to ask for the following documentation: 

• Police report or court documents
• Employee’s written statement
• Statement from a provider, clergy, or advocate

An employee can not be required to produce or discuss any information that is beyond the scope of verification or that would compromise someone's safety.

It is crucial that employers handle these situations with care and maintain a level of confidentiality with the victim or their family member. Reports of domestic violence and other acts described by this law should be treated with discretion, and all protected, sensitive, or confidential documentation, reports, and records must be handled according to all applicable state and federal privacy laws.

Employer Requirements

Washington State employers should be aware of the following emphasis points in order to maintain compliance:

• Employers cannot retaliate or discriminate against an actual or perceived victim of domestic violence, sexual assault, or stalking, or any qualifying family member. This will include hate crime victims as of January 1st, 2026.
• Accommodate requests for time off and safety accommodations, so long as requests do not present undue hardship
• Ensure leave is job-protected
• Allow employees to use any available paid or unpaid leave as needed
• Maintain confidentiality of supporting documentation and requests

Get Help with Washington State Compliance

Businesses that are struggling with compliance may want to consider reaching out to a Washington Payroll company for assistance.

To learn more about how PayNW is helping countless businesses in Washington maintain compliance with new updates and more, contact us today.