Domestic Violence Leave and Volunteer Emergency Services Leave

Overview

Federal and/or state law requires local government agencies to provide family and medical leave, military leave, and paid sick leave. For more information, please visit Sick Leave and Family/Medical Leave.

This webpage will cover two additional leave programs that local governments are required to offer: domestic violence leave and volunteer emergency services personnel leave.  

Domestic Violence Leave

The Domestic Violence Leave law (Ch. 49.76 RCW; WAC 296-135) allows all employees to take reasonable leave from work, intermittent leave, or leave on a reduced leave schedule, with or without pay, to:

• Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee's family members;
• Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking; or attend to health care treatment for a victim who is the employee's family member;
• Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;
• Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking;
• Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family members from future domestic violence, sexual assault, or stalking (RCW 49.76.030).

Employees must provide advance notice to the employer of their intent to take leave if no emergency circumstances exist — see RCW 49.76.040(1) — and verification of need may be required by the employer — see RCW 49.76.040(2).

For further information, see the Domestic Violence Leave webpage from the Washington State Department of Labor and Industries’ (L&I).

Examples of Domestic Violence Leave Policies

• Chelan County Municipal Code Sec. 1.20.860 — Provides that verification of employee’s need for domestic violence leave may be required and lists documents that may be used, such as police reports or court orders.
• Tumwater Policy Manual, Domestic Violence Leave (2017) — Includes definitions of terms such as “dating relationship,” “domestic violence,” “sexual assault,” and “stalking,” among others.
• Vancouver Employment Policies, Domestic/Sexual Assault Leave (2022) — Includes an FAQ covering aspects of the policy, such as how to request the leave, who needs to be notified, what form of verification is required, and what benefits are maintained during the leave. 

Volunteer Emergency Services Leave

RCW 49.12.460 prohibits employers with 20 or more full-time equivalent employees in the previous year from disciplining or firing volunteer firefighters, reserve police officers, or civil air patrol members for taking leave to respond to an alarm of fire, emergency call, or emergency service operation.

This statute applies to all volunteer firefighters regardless of whether they receive compensation, and it also allows the volunteer firefighters to leave their place of employment to respond to a call as long as they notify their employer.

For additional information, see Leave for Certain Emergency Services Personnel from L&I.

Recommended Resources

• Washington State Department of Labor & Industries
  • Domestic Violence Leave
  • Leave for Military Spouse and Certain Emergency Personnel