Leave for Domestic Violence, Sexual Assault, or Stalking: Arizona
by Tom O'DeaThis Leave for Domestic Violence, Sexual Assault, or Stalking policy applies to employees in Arizona under Arizona's earned paid sick time law and it explains when employees can use earned paid sick time to address needs related to domestic violence, sexual assault, abuse, or stalking, what notice and verification you can request, and how your organization should protect confidentiality and prevent retaliation.
The History Behind Leave for Domestic Violence, Sexual Assault, or Stalking Policies in Arizona
Arizona employers started treating domestic violence, sexual assault, and stalking leave as a real workplace issue related to other Family & Self Care Leaves when the state tied it directly to paid sick time. Voters approved the Fair Wages and Healthy Families Act in 2016, and it took effect in 2017 with statewide earned paid sick time rules. The law lets employees use sick time for safety planning, medical care, counseling, and legal steps connected to violence and stalking.
The core sick time statute, A.R.S. 23-373, spells out the domestic violence, sexual violence, abuse, and stalking reasons an employee can use earned paid sick time. The framework's other requirements have a familiar look for employers: notice rules, record-keeping, and a narrow lane for documentation only after an absence of three or more consecutive workdays. The documentation concept pushed many HR teams to write down what "reasonable verification" looks like so managers do not improvise their own requests.
Enforcement mechanisms made the risk more impactful for employers because a leave request could turn into a wage claim or retaliation allegation fast if it were mishandled.
Which Law is the Leave for Domestic Violence, Sexual Assault, or Stalking Policy Meant to Comply With?
If you create and distribute a Leave for Domestic Violence, Sexual Assault, or Stalking Policy for your Arizona-based employees, it is in an effort to comply with Arizona's A.R.S. 23-371, A.R.S. 23-372, A.R.S. 23-373, and A.R.S. 23-374.
How to Write an Arizona-Specific Leave for Domestic Violence, Sexual Assault, or Stalking Policy
- Start with "why" and introduce the concept, employees impacted by domestic violence, sexual assault, abuse, or stalking may need protected time off to address health, safety, and legal needs.
- Explain that employees can use earned paid sick time for covered reasons related to their own situation or a family or household member's situation.
- List the main covered reasons for leave, including medical care and recovery, counseling, victim services support, safety planning or relocation, and legal help or participation in proceedings.
- State that employees should request leave and provide as much notice as they reasonably can.
- Describe that reasonable verification may be requested for longer absences, and give examples of acceptable documentation types.
- Commit to privacy by stating employees do not need to share sensitive details, and any documentation will be kept confidential.
- Include a clear non-retaliation and non-discrimination statement for requesting or taking leave.
- Note that additional leave options may apply when sick time is exhausted, including leave for certain legal matters as a crime victim and leave for qualifying serious health conditions.
When to Include this Policy in Your Employee Handbook
If you have employees in Arizona and you do not have a similar policy that is available for all US employees, you should include this policy in your employee handbook for Arizona-based employees.
ARS § 23-373 (D) states:
An employer that requires notice of the need to use earned paid sick time where the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice. An employer that has not provided to the employee a copy of its written policy for providing such notice shall not deny earned paid sick time to the employee based on non-compliance with such a policy.
Your employee handbook qualifies.
Other Considerations
The law applies to Arizona employers who have at least 1 employee in the US.
Exceptions
None
Model Policy Template for a Leave for Domestic Violence, Sexual Assault, or Stalking Policy
Leave for Domestic Violence, Sexual Assault, or Stalking
If you or your immediate family member is the victim of domestic violence, sexual assault, abuse, or stalking, you are entitled to use your earned paid sick time and you may be eligible for other types of leave.
You can use earn paid sick time for your own or your family or household member’s need to:
- Seek medical attention or recover from physical or psychological injuries caused by domestic violence, sexual violence, abuse, or stalking.
- Obtain help from a domestic violence or sexual violence program or victim services organization.
- Obtain psychological or other counseling.
- Take measures to ensure safety, including temporary or permanent relocation.
- Seek legal assistance, including preparing for or participating in legal proceedings.
Let your {{manager}} or {{the HR Team}} know if you require leave under this policy. Please provide as much notice as possible given the circumstances.
If you'll be away for 3 or more consecutive days, you'll need to provide reasonable verification, such as:
- A police report showing that you or a family member was a victim.
- A court-related document, such as a protective or general court order, injunction against harassment, or notice of a court appearance related to the incident.
- A signed statement from a domestic violence or sexual violence program, victim services organization, or witness advocate confirming you or your family member is receiving services.
- A signed statement from an attorney, clergy member, medical provider, or other professional affirming you or your family member is a victim.
- Your own written statement affirming that you or a family member is a victim and that leave was taken for a legally protected reason. No affidavit or notarization is required.
You do not need to explain the nature of the health condition or disclose details of the situation, and any documentation provided will be kept confidential.
We will not retaliate or discriminate against anyone who requests or takes leave under this policy.
If you need additional time off beyond available sick leave, you may be eligible for additional leave for legal matters as a crime victim or through FMLA if a serious health condition applies.
Other Jurisdictions that may Necessitate a Leave for Domestic Violence, Sexual Assault, or Stalking Policy
State-Specific Leave for Domestic Violence, Sexual Assault, or Stalking Policies
County-Specific Leave for Domestic Violence, Sexual Assault, or Stalking Policies
All Arizona-Specific Policies & Topics
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The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.