Domestic Violence Leave Laws Growing Trend Nationally

Philadelphia has joined a growing list of jurisdictions that require leave related to domestic violence. A few states, including California, Florida, Illinois and Washington, require unpaid leave for services related to domestic violence.  Sick leave ordinances in Milwaukee and the District of Columbia require paid leave related to domestic violence as well as other reasons.  A temporary injunction has delayed the effective date of Milwaukee’s rule.

Effective January 5, 2009, a new Philadelphia ordinance titled “Entitlement to Leave Due to Domestic or Sexual Violence,” became law.  It will be enforced by the Philadelphia Commission on Human Relations.

The new law amends the Philadelphia Fair Practices Ordinance and requires employers to provide certain amounts of unpaid work leave to victims of domestic abuse, sexual assault, or stalking, or their qualifying family or household members. Employees may take this leave to receive applicable victim support services. The Ordinance provides for job and benefits protection during the leave and prohibits retaliation against employees or interference with leave rights.

Employers with 50 or more employees must allow up to 8 weeks of leave in a 12-month period.Smaller employers must allow up to 4 weeks of leave. Employers are required to post a notice, which can be found at:

http://www.phila.gov/humanrelations/pdfs/Domestic_Violence_Le.pdf

While the leave laws provide one type of help for victims of domestic abuse, other forms of help may also be available in some benefit plans, such as employee assistance programs.