Leave for Domestic Violence, Sexual Assault, or Stalking

A Leave for Domestic Violence, Sexual Assault, or Stalking policy explains when employees can take protected time off (and, in some states, request safety-related workplace accommodations) to address medical care, counseling, safety planning, relocation, and legal or court needs for themselves or covered family or household members, with clear rules on notice, documentation, confidentiality, pay, and anti-retaliation.

How to Write a Leave for Domestic Violence, Sexual Assault, or Stalking Policy

• Start with "why" and introduce the concept.
• Define who the leave is for, including whether it covers the employee and certain family or household members.
• Explain the covered reasons for leave, focusing on safety planning, medical care, counseling, victim services, housing needs, and legal or court-related matters.
• Describe how the leave works at a high level, including whether it can be taken in a block or intermittently.
• State whether the leave is paid or unpaid, and how it coordinates with paid sick leave or other accrued paid time off.
• Explain how the leave coordinates with other job-protected leave programs when the same event qualifies under multiple policies.
• Include a simple notice expectation for requesting leave, recognizing emergencies.
• Describe documentation or verification that may be requested, without requiring employees to disclose incident details.
• Commit to confidentiality for information and documentation related to the request, with limited disclosure only as required.
• Address job protection and benefits continuation during leave, including reinstatement expectations.
• Include a reasonable workplace accommodations section for safety-related adjustments and an interactive process.
• Prohibit discrimination, retaliation, and interference related to requesting or using leave or accommodations.

For advice on writing a Leave for Domestic Violence, Sexual Assault, or Stalking policy in a specific jurisdiction, see below.