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The State of Safe Leave
Report

The State of Safe Leave

U.S. states are increasingly providing safe leave for workers who need time off to deal with the impacts of sexual and domestic violence.

Building an Economy for All, Paid Leave, Raising Working Standards, +5 More

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In this article
Close-up through Capitol window
Visitors walk around the stairs inside the Rotunda to the top of the U.S. Capitol dome, December 17, 2019, in Washington. (Getty/Samuel Corum)

Introduction and summary

For individuals experiencing domestic, sexual, and other forms of violence, pursuing safety often means missing work—whether to relocate, access support, or deal with legal proceedings. However, no federal statute ensures paid time off to address these needs, while federal unpaid leave protections are limited. To ensure that survivors can take the time they need without jeopardizing their paychecks or their jobs, states and cities have adopted laws providing “safe leave”: specific workplace leave rights in relation to violence.

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In the most recent federal data, 9 million American women and 8 million American men reported experiencing intimate partner violence in the past 12 months,1 while 47.3 percent of American women and 44.2 percent of American men reported experiencing sexual violence, physical violence, or stalking from an intimate partner at some point in their lifetimes.2 Women of color, LGBT people, and people with disabilities experience intimate partner and sexual violence at disproportionately high rates.3

In the past 12 months, 47.3 percent of American women and 44.2 percent of American men reported experiencing sexual violence, physical violence, or stalking from an intimate partner at some point in their lifetimes. CDC National Center for Injury Prevention and Control, “National Intimate Partner and Sexual Violence Survey: 2016/2017 Report on Intimate Partner Violence” (2022).

To address the impacts of violence and to pursue safety, violence survivors need time away from work for needs such as relocating to safety, accessing support or legal services, or getting physical or mental health care.4 But without the right protections, taking that time can mean losing a paycheck or their job, compounding the existing barriers survivors face to employment, which often include the active interference of abusers. In one study, an overwhelming 83 percent of survivor respondents “say that intimate partner violence disrupted their ability to work,”5 more than half of whom, according to the study results, “lost at least one job as a result of the abuse.”6 If the time to relocate, speak with a lawyer, access benefits, or take other actions in pursuit of safety puts their jobs at risk, too many survivors will not be able to do so.

2/3

of domestic violence survivors report staying longer in or returning to an abusive relationship due to pressing financial needs

Moreover, maintaining employment means greater economic independence for survivors—which is in itself a critical part of pursuing and maintaining safety. Two-thirds of domestic violence survivors report staying longer in an abusive relationship or returning to that relationship due to pressing financial needs such as making rent or paying bills.7 Survivors with children were more likely to report staying or returning because of financial concerns than were survivors without children.8

However, despite these needs, the United States currently does not guarantee paid leave of any kind at the national level—for survivors of violence or for any other purpose.9 While a federal law called the Family and Medical Leave Act (FMLA) gives some important protections, it is significantly limited as a tool for survivors. It excludes nearly half the workforce outright.10 For those who are covered, the FMLA covers serious physical or mental health needs,11 including those in relation to violence,12 but does not address many of the needs facing survivors, particularly nonmedical needs. Most of all, the FMLA provides only unpaid leave,13 putting it out of reach for those who cannot afford to take time off without pay.14

Recognizing this critical need, states and cities across the country have stepped up to guarantee workers the right to time off in relation to sexual and domestic violence—a protection known as safe leave or safe time.15 In total, at least 20 states and Washington, D.C., have enacted laws to provide safe leave in some form, through three key kinds of laws. This report examines those laws, providing a better understanding of the landscape of existing protections—and the considerable progress that is still needed.

Paid sick and safe time laws

Paid sick time laws allow covered employees to earn and use paid time off based on the hours they work. In general, this time can be used when workers or their loved ones are sick, hurt, or receiving medical treatment, including mental health and preventive care.16 For survivors and their families, this time could be used for mental or physical health needs in relation to the violence they have experienced. In addition, survivors and their families may need this time to address unrelated health needs—staying home with the flu or taking a child to a checkup.

In addition to general sick leave purposes, time under these laws can be used for specific purposes in relation to violence—protections collectively known as safe time. They can include needs such as seeking legal assistance or attending legal proceedings, relocating to safety, or getting support from a victim services organization.17 Because safe time protections are nearly universal under paid sick time laws, the latter are often referred to as paid sick and safe time laws.18

Spotlight on federal contractor protections

Since 2017, Executive Order 13706 has required most federal contractors to provide paid sick and safe leave.19 Covered employees of federal contractors have the right to earn 1 hour of paid time off for every 30 hours worked,20 up to a maximum of 56 hours per year.21 This time can be used as sick time when employees or their loved ones are sick, hurt, or receiving medical care,22 including where those needs are in relation to violence.

The same time can also be used for specific additional needs in relation to domestic violence, sexual assault, or stalking,23 including relocation, counseling, getting assistance from a victim services organization, or taking or preparing for legal action.24 In addition, covered employees can use this time to assist their child, parent, spouse, domestic partner, or “or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” with the same safe leave needs.25

Under the executive order, employers can only require documentation when a covered employee is absent for three or more consecutive full workdays.26 Employees using safe leave can self-certify or provide documentation from “any person involved in providing or assisting with” the needed action, including close friends, family members, and service providers.27

See also

Fifteen states and Washington, D.C.,28 have passed paid sick time laws, all of which explicitly allow the earned time to be used for safe leave purposes: Arizona,29 California,30 Colorado,31 Connecticut,32 Maryland,33 Massachusetts,34 Michigan,35 Minnesota,36 New Jersey,37 New Mexico,38 New York,39 Oregon,40 Rhode Island,41 Vermont,42 and Washington.43 In addition, a number of cities and counties have passed their own sick time laws, most of which include safe time rights.44

While there is currently no federal paid sick and safe time law, Sen. Bernie Sanders (I-VT) and Rep. Rosa DeLauro (D-CT) have introduced the Healthy Families Act, which would guarantee paid sick and safe leave nationally using an approach similar to that of state laws.45

Coverage and right to pay

Most state paid sick and safe time laws cover nearly all private sector employees in their states, covering employees regardless of employer size and with no minimum number of hours worked.46 Some also cover state and/or local government employees.47 In five states, employees at smaller employers are still covered by the law but are only entitled to unpaid sick and safe time.48 Laws in Vermont49 and Michigan50 are narrower in coverage, leaving out larger groups of employers and employees; Connecticut’s law currently has very narrow coverage51 but will offer broad coverage when recently enacted amendments take effect.52 

Duration and accrual rates

Covered employees earn time off based on how many hours they work, typically at a rate of 1 hour of sick and safe time for every 30 hours worked.53 Employers can limit the amount of time workers are allowed to earn or use, depending on the state; most commonly, employers can limit time to 40 hours per year (the equivalent of five eight-hour workdays).54

Acts of violence

In all state paid sick and safe time laws, workers can use their time in connection with domestic violence (sometimes referred to as domestic abuse or family violence).55 In every state except Massachusetts, this leave can also be used in connection with sexual violence.56 Most states also explicitly cover stalking.57

A few states additionally cover other forms of violence. For example, in Arizona, leave can be used in connection with abuse of a “child or vulnerable adult,” a legal category that can include endangerment or emotional abuse as well as actual or threatened physical harm.58 In New York, leave can be used for needs in connection with human trafficking,59 including both sex trafficking and labor trafficking.60 In Oregon, leave can be used for needs in connection with harassment.61

Covered reasons for safe leave use

Paid sick and safe time laws allow workers to use safe leave for a variety of actions they or their loved ones may need to take to pursue safety in connection with covered acts of violence. Most state laws list specific purposes that are explicitly covered, while Massachusetts and Rhode Island use more general language.62

Although the exact scope varies, all states that specify purposes explicitly allow leave to be used to:63

  • Access supportive services, such as those from a victim services organization.64
  • Relocate to safety.65
  • Attend (or, typically, prepare for) legal proceedings.66
  • Receive medical attention connected to a covered act of violence.67
  • Receive counseling or mental health care related to the violence.68

In addition to specific proceedings, most states authorize leave to access legal services or assistance more generally.69 Some paid sick and safe time laws go further in covering additional purposes. For example, New York explicitly covers enrolling children in a new school.70 Three states explicitly authorize the use of safe leave to secure an existing home,71 while three other states specifically cover safety planning.72 In addition, four states include open-ended language in their statutes to cover additional needs or “other actions” to ensure safety.73 

Nearly all of these laws allow safe leave to be used when a loved one of the worker is experiencing the violence, so that the worker can take time to support that person.74 Only California and Connecticut limit the use of safe leave to situations where workers themselves experience violence,75 though Connecticut will soon cover leave to support a broad range of loved ones in relation to violence.76 In Massachusetts and Oregon, safe leave can only be used for the worker or their child.77 In all other states, paid safe leave can be used when a broader range of loved ones are experiencing covered violence.

Documentation

Under most state paid sick and safe time laws, employers cannot require employees to provide documentation in support of the need for leave unless the absence is longer than a certain length.78 Most commonly, workers cannot be required to provide documentation for a leave shorter than three days or workdays,79 though a few states have shorter80 or longer81 minimum periods. In California—and soon, Connecticut—employers generally cannot require documentation at all for leaves taken under the sick and safe time law, regardless of length.82 

When employers are allowed to require documentation, states generally set rules regarding the types of documentation.83 In particular, virtually all states require employers to also accept forms of documentation other than court or law enforcement documents.84 In nearly all states, documentation from a service provider or advocate is allowed;85 in seven states, employers must allow workers to self-certify their need for safe leave.86

Paid family and medical leave

Thirteen states and Washington, D.C., have passed paid family and medical leave laws.87 Paid family and medical leave laws provide their cash benefits through insurance systems, allowing them to cover longer-term needs.88 In all state paid family and medical leave laws, benefits are available for a worker’s own or a loved one’s serious mental and physical health needs.89 For survivors and their loved ones, this can offer important protections, regardless of whether their health needs are connected to violence.

However, to qualify under these provisions, the health condition must involve in-patient treatment (such as hospitalization), ongoing treatment by a health provider, or some similar level of incapacity.90 This means that, without additional specific protection, many violence-related health needs are not covered. In addition, nonhealth-related needs in relation to violence are not covered in states that do not have explicit safe leave provisions.

Building on this baseline, six states specifically cover safe leave needs through their paid family and medical leave laws: Colorado,91 Connecticut,92 New Jersey,93 Oregon,94 Maine,95 and Minnesota.96 Benefits are currently available in Colorado, Connecticut, Oregon, and New Jersey and will begin in 2026 in Maine and Minnesota.97

At the federal level, there is currently no paid family and medical leave law. The leading proposal is the Family and Medical Insurance Leave (FAMILY) Act, which has been reintroduced by Sen. Kirsten Gillibrand (D-NY) and Rep. DeLauro.98 The FAMILY Act was revised and improved for the 118th Congress, including to add safe leave as a covered purpose.99

Coverage, eligibility, and benefit levels

All paid family and medical leave laws with safe leave provisions cover private sector employers regardless of employer size, while some also cover state or local government employees.100 Workers qualify for benefits based on meeting minimum earnings requirements across all covered employers in a state, which may need to be earned over a certain period of time.101 Having eligibility requirements combine earnings across employers makes benefits portable, meaning that survivors keep their eligibility for benefits even if they move from job to job or during periods of unemployment.

The amount that workers receive in benefits is set as a percentage of their own income up to a cap,102 though the exact percentage varies by state. Among the states with explicit safe leave provisions, all but New Jersey103 have progressive wage replacement rates. This means that lower-income workers receive a higher percentage of their own income while on leave (as high as 100 percent), while higher-income workers receive a lower percentage of their own income on a sliding scale.104

Job protection

Paid family and medical leave laws vary in the extent to which they protect workers’ jobs.105 Among states with safe leave provisions, Oregon,106 Minnesota,107 Maine,108 and Colorado109 guarantee workers the right to get their jobs back following leave, so long as they have been employed with their employer for a minimum period of 90 to 180 days, depending on the state. These four states also prohibit employers from retaliating against workers for using their safe leave rights under the law.110

In New Jersey and Connecticut, by contrast, the paid family and medical leave laws themselves do not provide the same level of protection. Instead, employees generally must rely on outside statutes, with their own eligibility criteria, for employment protection.111

Duration

In nearly all state paid family and medical leave laws that include these benefits, workers can receive up to 12 weeks of safe leave benefits.112 The exception is Connecticut, where safe leave benefits are limited to 12 days.113 These laws also cap the maximum total amount of leave benefits workers can take in total across multiple purposes.114

Acts of violence

All state paid family and medical leave laws that cover safe time cover domestic violence,115 and soon, all will also include sexual violence;116 four out of six also cover stalking.117 In addition to the kinds of violence covered under other states’ laws, Maine’s law broadly covers “victims of violence.”118

Covered reasons for safe leave use

States that include safe time in their paid family and medical leave laws cover similar purposes as paid sick and safe time laws. Complementing the general protections for serious health conditions, all six laws explicitly cover both medical attention119 and counseling or mental health care120 in relation to covered violence. This explicit coverage in relation to violence is significant because, unlike in the more general provisions, the covered health needs are not limited to those that meet the legal definition of a serious health condition. In other words, survivors can access physical or mental health care or counseling in relation to the violence they have experienced even if the health need does not require in-patient treatment or ongoing care by a health provider.

In addition, the safe leave provisions in state paid family and medical leave laws cover nonmedical needs. All six explicitly cover leave in relation to relocation or seeking new housing;121 three explicitly cover securing an existing home.122 Similarly, all six state laws cover participation in civil or criminal legal proceedings in relation to violence;123 all but Connecticut also explicitly cover broader legal services in connection with violence.124 Four of the six cover accessing services from a victim services organization.125

New Jersey, which has been providing paid safe leave through its paid family and medical leave insurance program longer than any other state, also covers the widest range of purposes. In addition to the standard purposes, New Jersey’s law includes safety planning—“taking other actions to increase the safety of the employee” or their family member or “to ensure economic security.”126

Paid time off laws

Maine,127 Nevada,128 Illinois,129 and a few municipalities have passed what are known as paid time off laws.130 These laws allow covered workers to earn and use paid time off for any purpose, which could include needs in relation to violence. However, coverage exceptions and additional requirements may make these laws less useful or usable for survivors and their loved ones.131

In every state except Connecticut,132 workers can also use safe leave to support a loved one with the same range of needs.133 While Oregon limits this leave to a minor or dependent child,134 the other states all cover leave for a broader range of loved ones who are experiencing violence.135 This includes chosen family,136 or loved ones with whom the worker may not have a legal or biological relationship.137

Documentation

State paid family and medical leave laws generally require documentation in support of all claims, regardless of length.138 Among the six states with safe leave, four allow the use of documentation by a service provider or advocate.139 Only one state, Colorado, explicitly allows self-certification.140 The final state, Maine, has not yet specified what (if any) documentation will be required when claims begin.141

Unpaid leave laws

At least 17 states and Washington, D.C., have laws that provide unpaid leave specifically in relation to domestic violence.142 Most of these states with unpaid safe leave laws also have separate laws providing paid leave, discussed above,143 though at least four states that do not have paid leave laws provide other leave rights in connection with violence.144 While these laws offer important protections, for survivors who cannot afford to take time off without pay—or cannot do so safely—unpaid leave may be out of reach.145

For individuals who are able to use them, laws that provide or potentially provide rights to unpaid leave typically provide other employment protections as well, such as protecting against retaliation or discrimination for using leave,146 requiring reinstatement following leave,147 or prohibiting interference with or denial of leave use.148 In some states, these laws may be subject to exceptions, particularly where providing leave would create an undue hardship on the employer.149

Laws that provide unpaid leave in relation to violence vary widely in coverage, structure, and protections. Some provide explicit rights to take leave or impose affirmative obligations on employers to provide (or not deny) leave.150 Others merely prohibit employers from penalizing workers for taking leave151 or specify leave as a form of accommodation employers may be required to provide survivors.152 Some, though not all, unpaid safe leave laws exempt employers below a certain size153 or employees who have not been employed long enough.154

These laws also vary substantially in the amount of time they guarantee. Some unpaid safe leave laws only specify a “reasonable” duration155 or do not specify at all.156 Where laws do specify, they range from as few as three days157 to as many as 12 weeks,158 with many different durations in between159 and some varying by employer size.160

In terms of acts of violence, all cover domestic violence,161 while most include sexual violence162 and some cover stalking.163 Illinois’ unpaid leave law covers “any other crime of violence,” and California covers “a crime that caused physical injury or that caused mental injury and a threat of physical injury” or crime that caused the death of an immediate family member.164 States such as Colorado,165 Oregon,166 Massachusetts,167 and North Carolina168 add additional specific acts of violence.

Covered purposes in connection with those acts of violence also vary. They generally include medical attention,169 counseling,170 services from organizations such as victim services organizations,171 relocation or accessing safe housing,172 and participation in legal proceedings.173 Some cover other needs, such as general legal assistance174 and safety planning.175 Several states have additional catch-all categories, such as “other actions to increase safety” or a similar phrasing.176 However, New Mexico’s and North Carolina’s laws cover a much narrower range of needs that are specifically tied to legal relief.177

Laws providing unpaid safe leave generally allow for employers to require certification, which can typically be satisfied by documentation from a service provider or advocate.178 Some states allow workers to self-certify their needs in at least some circumstances.179

Other laws providing unpaid leave

In addition, a few state laws not included in the count above provide a right to accommodations in connection with domestic violence that could potentially include unpaid leave but are not explicit. For example, some state accommodations laws do not name leave but do specifically provide for a modified or flexible schedule, a similar kind of protection.180 Delaware’s accommodations law provides that covered workers may be able to use their existing accrued leave (if they have it) in relation to domestic violence but does not otherwise provide explicit leave rights.181

Similarly, more than 30 states have more general laws that provide leave rights for victims of or witnesses to crimes,182 nearly always unpaid,183 which could potentially offer protections to workers dealing with violence. However, these laws are typically narrowly focused on attending or preparing for criminal court proceedings,184 particularly in response to a subpoena.185 Therefore, while for workers dealing with the criminal legal system these laws could provide important protections, they do not meet the full range of needs facing survivors.186

Conclusion

Paid, protected safe leave is a crucial tool for empowering workers to take the actions necessary to ensure safety for themselves and their families. State laws, particularly those that provide pay, offer essential models to build upon as the work continues to guarantee federal paid leave for all—including paid leave for all survivors that truly meets their needs.

Appendix: Statutory sources

Paid sick and safe time laws

Arizona

Ariz. Rev. Stat. § 23-373, available at https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00373.htm (last accessed May 2024).

California

Cal. Labor Code § 245 et seq., available at https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=1.&chapter=1.&article=1.5 (last accessed May 2024).

Colorado

Colo. Rev. Stat. § 8-13.3-401 et seq., available at https://casetext.com/statute/colorado-revised-statutes/title-8-labor-and-industry/labor-i-department-of-labor-and-employment/labor-conditions/article-133-family-and-medical-leave/part-4-healthy-families-and-workplaces (last accessed May 2024).

Connecticut

Conn. Gen. Stat. § 31-57r et seq., available at https://www.cga.ct.gov/current/pub/chap_557.htm (last accessed May 2024).

District of Columbia

D.C. Code § 32-531.01 et seq., available at https://code.dccouncil.gov/us/dc/council/code/titles/32/chapters/5/subchapters/III (last accessed May 2024).

Maryland

Md. Labor & Employment Code § 3-1301 et seq., available at https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1301&enactments=False&archived=False(last accessed May 2024).

Massachusetts

Massachusetts General Laws Chapter 149, § 148C, available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C (last accessed May 2024).

Michigan

Mich. Comp. Laws § 408.961 et seq., available at https://www.legislature.mi.gov/(S(ufpe4cgjdtsfvs2apjjf41ao))/mileg.aspx?page=getObject&objectName=mcl-Act-338-of-2018 (last accessed May 2024).

Minnesota

Minn. Stat. § 181.9445 et seq., available at https://www.revisor.mn.gov/statutes/cite/181 (last accessed May 2024).

New Jersey

N.J. Stat. § 34:11D-1 et seq., available at https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml (last accessed May 2024).

New Mexico

N.M. Stat. § 50-17-1 et seq., available at https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/Paid_Sick_Leave-NMSA_Chapter_50_Article_17.pdf?ver=2022-05-23-164309-943 (last accessed May 2024).

New York

N.Y. Labor Law § 196-B, available at https://www.nysenate.gov/legislation/laws/LAB/196-B (last accessed May 2024).

Oregon

Or. Rev. Stat. § 653.601 et seq., available at https://www.oregonlegislature.gov/bills_laws/ors/ors653.html (last accessed May 2024).

Rhode Island

R.I. Gen. Laws § 28-57-1 et seq., available at http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-57/INDEX.HTM (last accessed May 2024).

Vermont

21 Vt. Stat. Ann. § 481 et seq., available at https://legislature.vermont.gov/statutes/section/21/005/00483 (last accessed May 2024).

Washington

Wash. Rev. Code § 49.46.200 et seq., available at https://app.leg.wa.gov/rcw/default.aspx?cite=49.46 (last accessed May 2024). 

Paid family and medical leave laws

This list includes only state paid family and medical leave laws that include explicit safe leave provisions.

Colorado

Colo. Rev. Stat. § 8-13.3-501 et seq., available at https://famli.colorado.gov/sites/famli/files/documents/Paid%20Family%20and%20Medical%20Leave%20Insurance%20Act-%20CDLE.pdf (last accessed May 2024).

Connecticut

Conn. Gen. Stat. § 31-49e et seq., available at https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49e (last accessed May 2024).

New Jersey

N.J. Stat. § 43:21-25 et seq., available at https://nj.gov/labor/myleavebenefits/assets/pdfs/TDB%20Law%20July%202020.pdf (last accessed May 2024).

Oregon

Or. Rev. Stat. § 657B.005 et seq., available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed May 2024).

Maine

26 Me. Rev. Stat. § 850-A et seq., available at https://legislature.maine.gov/statutes/26/title26ch7sec0.html (last accessed May 2024).

Minnesota

Minn. Stat. § 268B.01 et seq., available at https://www.revisor.mn.gov/statutes/cite/268B (last accessed May 2024).

Unpaid safe leave laws

California

Cal. Labor Code § 230.1, available at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=230.1.&nodeTreePath=3.1.1.1&lawCode=LAB (last accessed May 2024).

Colorado

Colo. Rev. Stat. § 24-34-402.7, available at https://casetext.com/statute/colorado-revised-statutes/title-24-government-state/principal-departments/article-34-department-of-regulatory-agencies/part-4-employment-practices/section-24-34-4027-unlawful-action-against-employees-seeking-protection (last accessed May 2024). 

Connecticut

Conn. Gen. Stat. § 31-51ss, available at https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-51ss (last accessed May 2024); Conn. Gen. Stat. § 46a-60, available at https://www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-60 (last accessed May 2024).

District of Columbia

D.C. Code § 2-1402.11(c-1), available at https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.11 (last accessed May 2024).

Maine

26 Me. Rev. Stat § 850, available at  https://www.mainelegislature.org/legis/statutes/26/title26sec850.html (last accessed May 2024).

Illinois

820 ILCS 180/20, available at https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2502&ChapterID=68 (last accessed May 2024).

Florida

Fla. Stat. § 741.313(2), available at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.313.html (last accessed May 2024).

Hawaii

Hawaii Rev. Stat. § 378-72, available at https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/HRS_0378-0072.htm (last accessed May 2024).

Kansas

Kan. Stat. Ann. § 44-1132, available at https://www.ksrevisor.org/statutes/chapters/ch44/044_011_0032.html (last accessed May 2024).

Massachusetts

Massachusetts Gen. Laws. ch. 149 § 52E, available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52E (last accessed May 2024).

Missouri

Missouri Stat. § 285.630, available at https://revisor.mo.gov/main/OneSection.aspx?section=285.630 (last accessed May 2024).

New Jersey

N.J. Stat. § 34:11C-1 et seq., available at https://casetext.com/statute/new-jersey-statutes/title-34-labor-and-workmens-compensation/chapter-3411c (last accessed May 2024).

New Mexico

N.M. Stat § 50-4A-1 et seq., available at https://nmonesource.com/nmos/nmsa/en/item/4420/index.do#!fragment/zoupio-_Toc139031924/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgEYBmATgAYuHHgCYALAEoANMmylCEAIqJCuAJ7QA5BskRCYXAiUr1WnXoMgAynlIAhdQCUAogBknANQCCAOQDCTyVIwACNoUnZxcSA (last accessed May 2024).

New York

N.Y. Exec. Law § 296, available at https://www.nysenate.gov/legislation/laws/EXC/296 (last accessed May 2024).

Nevada

N.V. Rev. Stat. § 608.0198, available at https://www.leg.state.nv.us/nrs/nrs-608.html#NRS608Sec0198 (last accessed May 2024).

North Carolina

N.C. Gen. Stat. § 50B-5.5, available at https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_50b/GS_50B-5.5.pdf (last accessed May 2024); N.C. Gen. Stat. § 95-270, available at https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_95/GS_95-270.pdf (last accessed May 2024).

Oregon

Or. Rev. Stat. § 659A.270 et seq., available at https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html (last accessed May 2024).

Washington

Wash. Rev. Code § 49.76.010 et seq., available at https://app.leg.wa.gov/rcw/default.aspx?cite=49.76 (last accessed May 2024).

Endnotes

  1. CDC National Center for Injury Prevention and Control, “National Intimate Partner and Sexual Violence Survey: 2016/2017 Report on Intimate Partner Violence” (Atlanta: 2022), p. 4, available at https://www.cdc.gov/violenceprevention/pdf/nisvs/nisvsreportonipv_2022.pdf.
  2. Ibid., p. 3.
  3. Ibid., p. 7; Taylor N.T. Brown and Jody L. Herman, “Intimate Partner Violence and Sexual Abuse Among LGBT People” (Los Angeles: Williams Institute, 2015), available at https://williamsinstitute.law.ucla.edu/publications/ipv-sex-abuse-lgbt-people/; Centers for Disease Control and Prevention, “Sexual Violence and Intimate Partner Violence Among People with Disabilities,” available at https://www.cdc.gov/violenceprevention/sexualviolence/svandipv.html (last accessed April 2024).
  4. Futures Without Violence and National Partnership for Women & Families, “Americans Need Access to Paid Safe Leave” (San Francisco and Washington: 2022), available at https://policy.futureswithoutviolence.org/wp-content/uploads/2023/05/Futures.NPWF-Fact-Sheet-5.12.23.pdf.
  5. Cynthia Hess and Alona Del Rosario, “Dreams Deferred” (Washington: Institute for Women’s Policy Research, 2018), p. 9, available at https://iwpr.org/wp-content/uploads/2020/09/C475_IWPR-Report-Dreams-Deferred.pdf.
  6. Ibid.
  7. The National Domestic Violence Hotline, National Resource Center on Domestic Violence, and National Latin@ Network, “We Would Have Had to Stay” (Austin, TX; Harrisburg, PA; and St. Paul, MN: 2018), p. 4, available at https://vawnet.org/sites/default/files/assets/files/2018-11/NRCDV_PublicBenefits-WeWouldHaveHadToStay-Nov2018.pdf.
  8. Ibid.
  9. Molly Weston Williamson, “Guaranteeing Comprehensive, Inclusive Paid Family and Medical Leave and Sick Time,” Chapter 6 in “Playbook for the Advancement of Women in the Economy” (Washington: Center for American Progress, 2024), available at https://www.americanprogress.org/article/playbook-for-the-advancement-of-women-in-the-economy/guaranteeing-comprehensive-inclusive-paid-family-and-medical-leave-and-sick-time/.
  10. Scott Brown and others, “Employee and Worksite Perspectives of the FMLA: Who is Eligible?” (Rockville, MD: Abt Associates: 2020), available at https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018PB1WhoIsEligible_StudyBrief_Aug2020.pdf.
  11. 29 U.S.C. § 2612(a)(1)(C)-(D), available at https://www.law.cornell.edu/uscode/text/29/2612 (last accessed May 2024); 29 C.F.R. § 825.113, available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.113 (last accessed May 2024).
  12. U.S. Department of Labor, “Frequently Asked Questions,” available at https://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=597&topicid=1&subtopicid=7 (last accessed May 2024).
  13. 29 U.S.C. § 2612(c), available at https://www.law.cornell.edu/uscode/text/29/2612 (last accessed May 2024).
  14. Scott Brown and others, “Employee and Worksite Perspectives of the Family and Medical Leave Act: Executive Summary for Results from the 2018 Surveys” (Rockville, MD: Abt Associates, 2020), p. 4, available at https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018SurveyResults_ExecutiveSummary_Aug2020.pdf.
  15. Weston Williamson, “Guaranteeing Comprehensive, Inclusive Paid Family and Medical Leave and Sick Time.”
  16. For more on paid sick time laws generally, see Molly Weston Williamson, “The State of Paid Sick Time Laws in the U.S. in 2024” (Washington: Center for American Progress, 2024), available at https://www.americanprogress.org/article/the-state-of-paid-sick-time-in-the-u-s-in-2024/.
  17. Ibid.
  18. National Partnership for Women & Families, “Understanding the Difference Between Paid Sick Days & Paid Family and Medical Leave” (Washington: 2022), available at https://nationalpartnership.org/wp-content/uploads/2023/02/paid-sick-days-and-paid-family-medical-leave-primer.pdf.
  19. Executive Office of the President, “Executive Order 13706: Establishing Sick Leave for Federal Contractors,” Federal Register 80 (175) (2015): 54697–54700, available at https://www.federalregister.gov/documents/2015/09/10/2015-22998/establishing-paid-sick-leave-for-federal-contractors.
  20. 29 CFR § 13.5(a)(1), available at https://www.ecfr.gov/current/title-29/subtitle-A/part-13 (last accessed May 2024).
  21. 29 CFR § 13.5(b)(1).
  22. 29 CFR § 13.5(c)(1)(i)-(iii).
  23. 29 CFR § 13.5(c)(1)(iv).
  24. 29 CFR § 13.5(c)(1)(iv).
  25. 29 CFR § 13.5(c)(1)(iv) (“assist an individual related to the employee as described in paragraph (c)(1)(iii) of this section in engaging in any of these activities”); 29 CFR § 13.5(c)(1)(iii) (listing covered loved ones).
  26. 29 CFR § 13.5(e)(1)(ii).
  27. 29 CFR § 13.5(e)(1)(ii).
  28. D.C. Code § 32-531.02(b)(4), available at https://code.dccouncil.gov/us/dc/council/code/titles/32/chapters/5/subchapters/III (last accessed May 2024).
  29. Ariz. Rev. Stat. § 23-373(A)(4), available at https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00373.htm (last accessed May 2024).
  30. Cal. Labor Code § 246.5(a)(2), available at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=246.5.&lawCode=LAB (last accessed May 2024).
  31. Colo. Rev. Stat. § 8-13.3-404(c), available at https://casetext.com/statute/colorado-revised-statutes/title-8-labor-and-industry/labor-i-department-of-labor-and-employment/labor-conditions/article-133-family-and-medical-leave/part-4-healthy-families-and-workplaces/section-8-133-404-use-of-paid-sick-leave-purposes-time-increments (last accessed May 2024).
  32. Conn. Gen. Stat. § 31-57t(a)(3), available at https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-57t (last accessed May 2024).
  33. Md. Labor & Employment Code § 3-1305(a)(5)(ii), available at https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1302&enactments=False&archived=False (last accessed May 2024).
  34. Massachusetts General Laws Chapter 149, § 148C(c)(4), available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C (last accessed May 2024).
  35. Mich. Comp. Laws § 408.964(1)(c), available at https://www.legislature.mi.gov/(S(ufpe4cgjdtsfvs2apjjf41ao))/mileg.aspx?page=getObject&objectName=mcl-Act-338-of-2018 (last accessed May 2024).
  36. Minn. Stat. § 181.9447.1(3), available at https://www.revisor.mn.gov/statutes/cite/181.9447 (last accessed May 2024).
  37. N.J. Stat. § 34:11D-3(a)(3), available at https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml (last accessed May 2024).
  38. N.M. Stat. § 50-17-3(C)(4), available at https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/Paid_Sick_Leave-NMSA_Chapter_50_Article_17.pdf?ver=2022-05-23-164309-943 (last accessed May 2024).
  39. N.Y. Labor Law § 196-b(4)(a)(iii), available at https://www.nysenate.gov/legislation/laws/LAB/196-B (last accessed May 2024).
  40. Or. Rev. Stat. § 653.616(4) (by cross-reference to Or. Rev. Stat. § 659A), available at https://www.oregonlegislature.gov/bills_laws/ors/ors653.html (last accessed May 2024).
  41. R.I. Gen. Laws § 28-57-6(a)(4), available at http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-57/INDEX.HTM (last accessed May 2024).
  42. 21 Vt. Stat. Ann. § 483(a)(4), available at https://legislature.vermont.gov/statutes/section/21/005/00483 (last accessed May 2024).
  43. Wash. Rev. Code 49.46.210(1)(c), available at https://app.leg.wa.gov/rcw/default.aspx?cite=49.46 (last accessed May 2024).
  44. For more on safe time in local paid sick time laws, see National Partnership for Women & Families, “Current Paid Sick Days Laws” (Washington: 2023), available at https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-sick-days/current-paid-sick-days-laws.pdf. The analysis in this report focuses on state laws (including Washington, D.C.), except where otherwise noted.
  45. Molly Weston Williamson, “Getting to Know the Healthy Families Act,” Center for American Progress, September 5, 2023, available at https://www.americanprogress.org/article/getting-to-know-the-healthy-families-act/.
  46. Weston Williamson, “The State of Paid Sick Time Laws in the U.S. in 2024.”
  47. Ibid.
  48. MD. Labor and Employment Code § 3-1304(a)(1)(ii) (2022) (under 15 employees); Massachusetts General Laws Chapter 149, § 148C(d)(4) & (6) (under 11 employees); Or. Rev. Stat. § 653.606(1)(b) (under 10 employees). In New York, employers with fewer than five employees with a net income of less than $1 million in the previous tax year may provide unpaid time. N.Y. Labor Law § 196-b(1)(a). Rhode Island styles its law as exempting employers with fewer than 18 employees but effectively requires smaller employers to provide the same amount of time unpaid. R.I. Gen. Laws § 28-57-4(c); Rhode Island Department of Labor and Training, “Paid Sick and Safe Leave: Healthy and Safe Families and Workplaces Act,” available at https://dlt.ri.gov/regulation-and-safety/labor-standards/paid-sick-and-safe-leave#:~:text=Under%20the%20law%2C%20Rhode%20Island,to%2040%20hours%20of%20leave (last accessed  May 2024).
  49. Among other exceptions, Vermont’s law does not apply to employers in their first year, to employees who work less than 18 hours per week, or to those employed less than 20 weeks per year. 21 Vt. Stat. Ann. § 486; 21 Vt. Stat. Ann. § 481(5).
  50. Among other limits, Michigan’s law only applies to employers with at least 50 employees and to employees who worked at least 25 hours per week the prior year. Mich. Comp. Laws § 408.962(f); Mich. Comp. Laws § 408.962(e). Michigan’s paid sick time law contains a number of provisions that were altered or deleted in a contested process by the state legislature, actions that are currently the subject of litigation before the Michigan Supreme Court. Colin Jackson, “Michigan Supreme Court to hear arguments on ‘adopt-and-amend’,” Michigan Public Radio, December 7, 2023, available at https://www.npr.org/2023/12/07/1217712561/michigan-supreme-court-oral-arguments-adopt-and-amend-minimum-wage.
  51. Currently, Connecticut’s law covers only service workers at employers with at least 50 employees. Conn. Gen. Stat. § 31-57r(4); Conn. Gen. Stat. § 31-57s(a).
  52. Coverage under the law will be expanded in phases beginning in January 2025 and as of January 2027 will cover nearly all employees (not limited to service workers) regardless of employer size. Conn. Public Act 24-8 (2024), section 2 (amending Conn. Gen. Stat. § 31-57s(a)), available at https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05005&which_year=2024.
  53. Ariz. Rev. Stat. § 23-372(A)-(B); Cal. Labor Code § 246(b); Colo. Rev. Stat. § 8-13.3-403(2)(a); Md. Labor & Employment Code § 3-1304(b); Massachusetts General Laws Chapter 149, § 148C(d)(1); Minn. Stat. § 181.9446(a); N.J. Stat. § 34:11D-2(a); N.M. Stat. § 50-17-3(A); N.Y. Labor Law § 196-b(3); Or. Rev. Stat. § 653.606(1). However, some states use other rates. D.C. Code § 32-531.02(a) (between 1 hour for every 37 hours worked and 1 hour for every 87 hours worked, based on employer size); Mich. Comp. Laws § 408.963(2) (1 hour for every 35 hours worked); Or. Rev. Stat. § 653.606(1) (allowing 1 1/3 hour for every 40 hours worked as an alternative rate); R.I. Gen. Laws § 28-57-5(a) (1 hour for every 35 hours worked); 21 Vt. Stat. Ann. § 482(a) (1 hour for every 52 hours worked); Wash. Rev. Code 49.46.210(1)(a) (1 hour for every 40 hours worked). Connecticut currently uses a rate of 1 hour for every 40 hours worked but will use a rate of 1 hour for every 30 hours worked as of January 1, 2025. Conn. Gen. Stat. § 31-57s(a)(2); Conn. Public Act 24-8 (2024), section 2 (amending Conn. Gen. Stat. § 31-57s(a)), available at https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05005&which_year=2024.
  54. Cal. Labor Code § 246(d); Conn. Gen. Stat.§ 31-57s(a)(3); Md. Labor & Employment Code § 3-1304(c)(1) (capping time earned); Massachusetts General Laws Chapter 149, § 148C(d)(4)-(6); Mich. Comp. Laws § 408.963(2); N.J. Stat. § 34:11D-2(a); Or. Rev. Stat. § 653.606(1); R.I. Gen. Laws § 28-57-5(a) (paid); R.I. Gen. Laws § 28-57-4(c) (unpaid); 21 Vt. Stat. Ann. § 482(c) (earn); 21 Vt. Stat. Ann. § 483(c) (use). Washington State does not cap earning or use but limits the amount workers are entitled to carry over to a new year to 40 hours. Wash. Rev. Code 49.46.210(1)(j). Some states use other caps generally. Colo. Rev. Stat § 8-13.3-403(2)(a) (48 hours); Md. Labor & Employment Code § 3-1304(c)(2) (capping time used at 64 hours); Minn. Stat. § 181.9446(a) (48 hours); N.M. Stat. § 50-17-3(B)(3) (64 hours). Other states have different caps based on employer size. Ariz. Rev. Stat. § 23-372(A-b) (24 hours or 40 hours based on employer size); D.C. Code § 32-531.02(a) (three to seven days based on employer size).
  55. Some states use the term “domestic abuse” or “family violence.” Exact term definitions vary by state. Ariz. Rev. Stat. § 23-373(A)(4); Cal. Labor Code § 246.5(a)(2); Colo. Rev. Stat. § 8-13.3-404(1)(c); Conn. Gen. Stat. § 31-57t(a)(3); D.C. Code § 32-531.02(b)(4); Md. Labor & Employment Code § 3-1305(a) (5)(i); Massachusetts General Laws Chapter 149, § 148C(c)(4); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3); N.J. Stat. § 34:11D-3(a)(3); N.M. Stat. § 50-17-3(C)(4); N.Y. Labor Law § 196-b(4)(a)(iii); Or. Rev. Stat. § 653.616(4) (by cross-reference to Or. Rev. Stat. § 659A.272); R.I. Gen. Laws § 28-57-6(a)(4); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (by cross-reference to Wash. Rev. Code 49.76).
  56. Ariz. Rev. Stat. § 23-373(A)(4); Cal. Labor Code § 246.5(a)(2); Colo. Rev. Stat. § 8-13.3-404(1)(c); Conn. Gen. Stat. § 31-57t(a)(3); D.C. Code § 32-531.02(b)(4); Md. Labor & Employment Code § 3-1305(a) (5)(i); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3); N.J. Stat. § 34:11D-3(a)(3); N.M. Stat. § 50-17-3(C)(4); N.Y. Labor Law § 196-b(4)(a)(iii); Or. Rev. Stat. § 653.616(4) (by cross-reference to Or. Rev. Stat. § 659A.272); R.I. Gen. Laws § 28-57-6(a)(4); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (by cross-reference to Wash. Rev. Code 49.76). Note that states use a variety of terms, including “sexual violence,” “sexual assault,” “sexual abuse,” and “sexual offense,” and exact covered acts vary by state.
  57. Ariz. Rev. Stat. § 23-373(A)(4); Cal. Labor Code § 246.5(a)(2); D.C. Code § 32-531.02(b)(4); Md. Labor & Employment Code § 3-1305(a) (5)(i); Minn. Stat. § 181.9447.1(3); N.M. Stat. § 50-17-3(C)(4); N.Y. Labor Law § 196-b(4)(a)(iii); Or. Rev. Stat. § 653.616(4) (by cross-reference to Or. Rev. Stat. § 659A.272); R.I. Gen. Laws § 28-57-6(a)(4); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (by cross-reference to Wash. Rev. Code 49.76). Note that stalking by people with certain kinds of relationships may be covered as a form of domestic violence even in states that do not separately explicitly cover stalking.
  58. Ariz. Rev. Stat. § 23-373(A)(4) (leave can be used for “abuse”); Ariz. Rev. Stat. § 23-371(A) (defining “abuse” by cross-reference to Ariz. Rev. Stat. § 13-3623); Ariz. Rev. Stat. § 13-3623, available at https://www.azleg.gov/ars/13/03623.htm (last accessed May 2024).
  59. N.Y. Labor Law § 196-b(4)(a)(iii).
  60. 12 NYCRR § 196-1.2(d), available at https://www.law.cornell.edu/regulations/new-york/12-NYCRR-196-1.2 (last accessed May 2024).
  61. Or. Rev. Stat. § 653.616(4) (by cross-reference to Or. Rev. Stat. § 659A.272); Or. Rev. Stat. § 659A.270(5) (defining “victim of harassment” by cross reference to Or. Rev. Stat. § 166.065, available at https://oregon.public.law/statutes/ors_659a.270 (last accessed May 2024); Or. Rev. Stat. § 166.065, available at https://oregon.public.law/statutes/ors_166.065_ (last accessed May 2024).
  62. Massachusetts allows the use of paid sick and safe leave “[t]o address the psychological, physical or legal effects of domestic violence.” Massachusetts General Laws Chapter 149, § 148C(c)(4). Similarly, Rhode Island allows for the use of accrued time for “[t]ime off needed when the employee or a member of the employee’s family is a victim of domestic violence, sexual assault, or stalking.” R.I. Gen. Laws § 28-57-6(a)(4).
  63. In Connecticut, the citations for covered purposes will be renumbered effective January 1, 2025, but the same needs will remain covered. See Conn. Public Act 24-8 (2024), section 3 (amending Conn. Gen. Stat. § 31-57t)), available at https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05005&which_year=2024.
  64. While services for victim services organizations are generally covered across state paid sick and safe time laws, states vary in the extent to which services from other providers are covered. Ariz. Rev. Stat. § 23-373(A)(4)(b); Cal. Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230.1(a)(2)); Colo. Rev. Stat. § 8-13.3-404(c)(II); Gen. Stat. § 31-57t(a)(3)(B); D.C. Code § 32-531.02(b)(4)(B); Md. Labor & Employment Code § 3-1305(a)(5)(ii)(1)(B); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3)(ii); N.J. Stat. § 34:11D-3(a)(3); N.Y. Labor Law § 196-b(4)(a)(iii)(a); Or. Rev. Stat. § 653.616(4) (by cross-reference to Or. Rev. Stat. § 659A.272(4)); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (by cross-cite to Wash. Rev. Code 49.76.030(3)). In New Mexico, the law generally covers leave to “obtain services” in connection with a covered act of violence. N.M. Stat. § 50-17-3(C)(4)(d).
  65. Rev. Stat. § 23-373(A)(4)(d); Colo. Rev. Stat. § 8-13.3-404(c)(IV); Conn. Gen. Stat. § 31-57t(a)(3)(C); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3)(iv); N.J. Stat. § 34:11D-3(a)(3); N.M. Stat. § 50-17-3(C)(4)(b); Or. Rev. Stat. § 653.616(4) (via cross-reference to Or. Rev. Stat. § 659A.272(5)); 21 Vt. Stat. Ann. § 483(a)(4); Cal. Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230.1(a)(4)); D.C. Code § 32-531.02(b)(4)(D); N.Y. Labor Law § 196-b(4)(a)(iii)(b); Wash. Rev. Code 49.46.210(1)(c) (via cross-reference to Wash. Rev. Code 49.76.030(5)); Md. Labor & Employment Code § 3-1305(a)(5)(ii)(2).
  66. Ariz. Rev. Stat. § 23-373(A)(4)(e); Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230(c); Colo. Rev. Stat. § 8-13.3-404(c)(V); Conn. Gen. Stat. § 31-57t(a)(3)(D); D.C. Code § 32-531.02(b)(4)(E); Md. Labor & Employment Code § 3-1305(a)(5)(ii)(1)(C); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3)(v); N.M. Stat. § 50-17-3(C)(4)(c); N.Y. Labor Law § 196-b(4)(a)(iii)(c)-(e); Or. Rev. Stat. § 653.616(4) (via cross-reference to Or. Rev. Stat. § 659A.272(1)); Wash. Rev. Code 49.46.210(1)(c) (via cross-reference to Wash. Rev. Code 49.76.030(1)). Vermont’s law refers to “legal services” but does not specifically mention civil or criminal proceedings. 21 Vt. Stat. Ann. § 483(a)(4).
  67. Ariz. Rev. Stat. § 23-373(A)(4)(a); Cal. Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230.1(a)(1)); Colo. Rev. Stat. § 8-13.3-404(c)(I); Gen. Stat. § 31-57t(a)(3)(A); D.C. Code § 32-531.02(b)(4)(A); Md. Labor & Employment Code § 3-1305(a)(5)(ii)(1)(A); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3)(i); N.J. Stat. § 34:11D-3(a)(3); N.M. Stat. § 50-17-3(C)(4)(a); Or. Rev. Stat. § 653.616(4) (via cross-reference to Or. Rev. Stat. § 659A.272(2)); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (via cross-reference to Wash. Rev. Code 49.76.030(2)). New York’s law does not explicitly reference leave to get medical attention in relation to covered acts of violence but includes the acts implicitly through general coverage of health-related needs. N.Y. Labor Law § 196-b(4)(a)(iii)(g).
  68. Rev. Stat. § 23-373(A)(4)(c); Cal. Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230.1(a)(3)); Colo. Rev. Stat. § 8-13.3-404(c)(III); Conn. Gen. Stat. § 31-57t(a)(3)(A); D.C. Code § 32-531.02(b)(4)(C); Md. Labor & Employment Code § 3-1305(a)(5)(ii)(1)(A); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3)(iii); N.J. Stat. § 34:11D-3(a)(3); N.M. Stat. § 50-17-3(C)(4)(a); Or. Rev. Stat. § 653.616(4) (via cross-reference to Or. Rev. Stat. § 659A.272(3)); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (via cross-reference to Wash. Rev. Code 49.76.030(4)). See note in previous endnote regarding New York.
  69. Ariz. Rev. Stat. § 23-373(A)(4)(e); Colo. Rev. Stat. § 8-13.3-404(c)(V); Md. Labor & Employment Code § 3-1305(a)(5)(ii)(1)(C); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3)(v); N.J. Stat. § 34:11D-3(a)(3); Or. Rev. Stat. § 653.616(4) (via cross-reference to Or. Rev. Stat. § 659A.272(1)); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (via cross-reference to Wash. Rev. Code 49.76.030(1)). In New Mexico, the law generally covers leave to “obtain services” in connection with covered acts of violence. N.M. Stat. § 50-17-3(C)(4)(d).
  70. N.Y. Labor Law § 196-b(4)(a)(iii)(f).
  71. Ariz. Rev. Stat. § 23-373(A)(4)(d); Minn. Stat. § 181.9447.1(3)(iv); Or. Rev. Stat. § 653.616(4) (via cross-reference to Or. Rev. Stat. § 659A.272(5)).
  72. Cal. Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230.1(a)(4)); N.Y. Labor Law § 196-b(4)(a)(iii)(b); Wash. Rev. Code 49.46.210(1)(c) (via cross-reference to Wash. Rev. Code 49.76.030(5)).
  73. Cal. Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230.1(a)(4)); D.C. Code § 32-531.02(b)(4)(F); N.Y. Labor Law § 196-b(4)(a)(iii)(g); Wash. Rev. Code 49.46.210(1)(c) (by cross-reference to Wash. Rev. Code 49.76.030(1)).
  74. Ariz. Rev. Stat. § 23-373(A)(4); CRS § 8-13.3-404(1)(c); D.C. Code § 32-531.02(b)(4); Md. Labor & Employment Code § 3-1305(a) (5)(i); Massachusetts General Laws Chapter 149, § 148C(c)(4) (by cross-reference to Massachusetts General Laws Chapter 151A, § 1(g ½)); Mich. Comp. Laws § 408.964(1)(c); Minn. Stat. § 181.9447.1(3); N.J. Stat. § 34:11D-3(a)(3); N.M. Stat. § 50-17-3(C)(4); N.Y. Labor Law § 196-b(4)(a)(iii); Or. Rev. Stat. § 653.616(4) (cross-citing to Or. Rev. Stat. § 659A.272); R.I. Gen. Laws § 28-57-6(a)(4); 21 Vt. Stat. Ann. § 483(a)(4); Wash. Rev. Code 49.46.210(1)(c) (by cross-reference to Wash. Rev. Code 49.76.020(5)).
  75. Cal. Labor Code § 246.5(a)(2) (by cross-reference to Cal. Labor Code § 230(c) & Cal. Labor Code § 230.1(a)); Conn. Gen. Stat. § 31-57t(3).
  76. Effective January 1, 2025, Connecticut’s law will also cover safe leave to support a broad range of loved ones, including chosen family members. See Conn. Public Act 24-8 (2024), section 3 (amending Conn. Gen. Stat. § 31-57t); ibid. at section 1 (creating a new Conn. Gen. Stat. § 31-57r(4)).
  77. Mass. Gen. Laws Ch. 149, § 148C(c)(4) (by cross-reference to Mass. Gen. Laws Ch.151A, § 1(g ½)); Or. Rev. Stat. § 653.616(4) (by cross-reference to Or. Rev. Stat. § 659A.272).
  78. The exceptions are Michigan and Vermont. Mich. Comp. Laws § 408.964(2); Code of Vt. Reg. 24-010-014.9(g).
  79. In Arizona’s; Washington, D.C.’s; and New Jersey’s laws, employers can only request documentation for a leave lasting at least three consecutive days or workdays. Ariz. Rev. Stat. § 23-373(G); D.C. Code § § 32-531.04(a)(1); N.J. Stat. § 34:11D-3(b). In New York, documentation cannot be required for a leave “that lasts less than three consecutive previously scheduled workdays or shifts.” 12 NYCRR § 196-1.3(a). In four other laws, employers can only request documentation for leaves lasting more than three days or workdays. Minn. Stat. § 181.9447.3(a); Or. Rev. Stat. § 653.626(1)(a); R.I. Gen. Laws § 28-57-6(f); Wash. Rev. Code 49.46.210(1)(g).
  80. Md. Labor & Employment Code § 3-1305(g) (more than two consecutive scheduled shifts); Massachusetts General Laws Chapter 149, § 148C(f) (“more than 24 consecutively scheduled work hours”); N.M. Stat. § 50-17-5(A) (“two or more consecutive work days of sick leave.”).
  81. Colo. Rev. Stat § 8-13.3-404(6) (documentation can be required for a leave of “four or more consecutive work days”).
  82. California Department of Industrial Relations, “California Paid Sick Leave: Frequently Asked Questions,” available at https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm (last accessed May 2024). Connecticut currently allows employers to request documentation for a leave lasting three or more consecutive days. Conn. Gen. Stat. § 31-57t(b). However, as of January 1, 2025, employers will not be allowed to require documentation regardless of leave length. See Conn. Public Act 24-8 (2024), section 3 (amending Conn. Gen. Stat. § 31-57t(b)), available at https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05005&which_year=2024.
  83. There are two key exceptions. Vermont allows employers to “require an employee to provide reasonable proof that the employee’s use of earned sick time is for one of the purposes allowed by the Act,” without further specification. Code Vt. Reg. 24-010-014(9)(g). Maryland’s law does not specify what types of documentation may be required. Md. Labor & Employment Code § 3-1305(g).
  84. Ariz. Rev. Stat. § 23-373(G); CCR 1103-7.3.5.6(C); Conn. Gen. Stat. § 31-57t(b); D.C. Code § § 32-531.04(a)(2); Massachusetts General Laws Chapter 151A, § 1(g ½); Mich. Comp. Laws § 408.964(4); Minn. Stat. § 181.9447.3(c); N.J. Stat. § 34:11D-3(b); N.M. Stat. § 50-17-5(B); Or. Rev. Stat. § 653.626(1)(a) (by cross-reference to Or. Rev. Stat. § 659A.280(4)); R.I. Gen. Laws § 28-57-6(f)(3); Wash. Rev. Code 49.46.210(1)(g) (by implied reference to Wash. Rev. Code 49.76.040(4)). As noted above, Connecticut will no longer allow employers to require documentation as of January 1, 2025.
  85. Exact rules vary by state. Ariz. Rev. Stat. § 23-373(G)(3)-(4); CCR 1103-7.3.5.6(C); Conn. Gen. Stat. § 31-57t(b); D.C. Code § § 32-531.04(a)(2)(D); Massachusetts General Laws Chapter 151A, § 1(g ½)(5); Mich. Comp. Laws § 408.964(4)(b); N.J. Stat. § 34:11D-3(b); N.M. Stat. § 50-17-5(B); Or. Rev. Stat. § 653.626(1)(a) (by cross-cite to ORS 659A.280(4)(c)); R.I. Gen. Laws § 28-57-6(f)(3)(iii); Wash. Rev. Code 49.46.210(1)(g) (by connection to Wash. Rev. Code 49.76.040(4)(c)). New York does not explicitly allow documentation from a service provider or advocate but allows broad self-certification. 12 NYCRR § 196-1.3(d). As noted above, Connecticut will no longer allow employers to require documentation as of January 1, 2025.
  86. Ariz. Rev. Stat. § 23-373(G)(6); CCR 1103-7.3.5.6(C); Massachusetts General Laws Chapter 149, § 148C(f); Massachusetts General Laws Chapter 151A, § 1(g ½); N.M. Stat. § 50-17-5(B); 12 NYCRR § 196-1.3(d)(2); R.I. Gen. Laws § 28-57-6(f)(3)(i). In Washington, the paid sick leave law states that documentation requirements “may not exceed privacy or verification requirements otherwise established by law,” suggesting that the parameters in Washington’s unpaid leave law (which allows self-certification) cross-apply. Wash. Rev. Code 49.46.210(1)(g); Wash. Rev. Code 49.76.040(4)(d).
  87. Molly Weston Williamson, “The State of Paid Family and Medical Leave in 2024” (Washington: Center for American Progress, 2024), available at https://www.americanprogress.org/article/the-state-of-paid-family-and-medical-leave-in-the-u-s-in-2024/.
  88. Ibid.
  89. Ibid.
  90. Ibid.
  91. Colo. Rev. Stat. § 8-13.3-504(2)(e).
  92. Conn. Gen. Stat. § 31-49g(c)(1) (via cross-cite to Conn. Gen. Stat. § 31-51ss).
  93. N.J. Stat. § 43:21-27(o)(3).
  94. Or. Rev. Stat. § 657B.020(1)(c).
  95. Me. Rev. Stat. § 850-B(2)(E).
  96. Minn. Stat. § 268B.06.1(a)(2).
  97. Weston Williamson, “The State of Paid Family and Medical Leave in 2024.”
  98. Molly Weston Williamson, “Getting To Know the New FAMILY Act” (Washington: Center for American Progress, 2023), available at https://www.americanprogress.org/article/getting-to-know-the-new-family-act/.
  99. Molly Weston Williamson, “5 Fast Facts About the FAMILY Act and Paid Leave,” Center for American Progress, May 31, 2023, available at https://www.americanprogress.org/article/5-fast-facts-about-the-family-act-and-paid-leave/.
  100. Conn. Gen. Stat. § 31-49e(8); Colo. Rev. Stat. § 8-13.3-503(8); Me. Rev. Stat. § 850-A(14); Minn. Stat. § 268B.01.18; NJ Stat. § 43: 21-27(a)(1); Or. Rev. Stat. § 657B.010(15).
  101. Conn. Gen. Stat. § 31-49e(4); Colo. Rev. Stat. § 8-13.3-503(3); Me. Rev. Stat. § 850-A(9); Minn. Stat. § 268B.04(2); NJ Stat. § 43:21-41; Or. Rev. Stat. § 657B.015(1).
  102. Weston Williamson, “The State of Paid Family and Medical Leave in 2024.”
  103. New Jersey replaces a flat 85 percent of workers’ income, up to a cap. N.J. Stat. § 43:21-40(b).
  104. Colo. Rev. Stat. § 8-13.3-506(1); Conn. Gen. Stat. § 31-49g(c)(2); Me. Rev. Stat. § 850-C(2); Minn. Stat. § 268B.04.3; Or. Rev. Stat. § 657B.050.
  105. Weston Williamson, “The State of Paid Family and Medical Leave in 2024.”
  106. Or. Rev. Stat. § 657B.060 (90 days).
  107. Minn. Stat. § 268B.09.6(h) (90 days).
  108. Me. Rev. Stat. § 850-J(1) (120 days).
  109. Colo. Rev. Stat. § 8-13.3-509(1) (180 days).
  110. Colo. Rev. Stat. § 8-13.3-509(4); Me. Rev. Stat. § 850-J(2); Minn. Rev. Stat. § 268B.09(1); Or. Rev. Stat. § 657B.070.
  111. Connecticut Paid Leave Authority, “Frequently Asked Questions,” available at https://www.ctpaidleave.org/resources-and-guides/frequently-asked-questions?language=en_US (last accessed April 2024); N.J. Department of Labor and Workforce Development, “Claims Related to Domestic or Sexual Violence,” available at https://www.nj.gov/labor/myleavebenefits/worker/resources/keepingnjsafe.shtml (last accessed April 2024).
  112. Colo. Rev. Stat. § 8-13.3-505(1); Me. Rev. Stat. § 850-B(4); Minn. Stat. § 268B.04.5(b); Or. Rev. Stat. § 657B.020(1)(c); NJ Stat. § 43:21-39(2).
  113. CTPL-004-CALC(a)(2).
  114. Weston Williamson, “The State of Paid Family and Medical Leave in 2024.”
  115. Colo. Rev. Stat. § 8-13.3-503(18); Minn. Stat. § 268B.01.34; N.J. Stat. § 43:21-27(o)(3); ORS 657B.010(22) (by cross-reference to ORS 659A.272). Connecticut’s statute covers “family violence.” Conn. Gen. Stat. § 31-49g(c)(1) (via cross-cite to Conn. Gen. Stat. § 31-51ss). Maine’s law broadly covers “victims of violence,” which presumably includes domestic violence. Me. Rev. Stat. § 850-A(26).
  116. Colo. Rev. Stat. § 8-13.3-503(18); Me. Rev. Stat. § 850-A(26); Minn. Stat. § 268B.01.34; N.J. Stat. § 43:21-27(o)(3); ORS 657B.010(22) (by cross-reference to ORS 659A.272). Connecticut’s law will add coverage for sexual assault as of October 1, 2024. Conn. Public Act 24-5 (2024), sec. 8 (amending Conn. Gen. Stat. § 31-51ss), available at https://cga.ct.gov/2024/ACT/PA/PDF/2024PA-00005-R00SB-00222-PA.PDF (last accessed May 2024); Conn. Gen. Stat. § 31-49g(c)(1) (via cross-cite to Conn. Gen. Stat. § 31-51ss).
  117. Colo. Rev. Stat. § 8-13.3-503(18); Me. Rev. Stat. § 850-A(26); Minn. Stat. § 268B.01.34; ORS 657B.010(22) (by cross-reference to ORS 659A.272). New Jersey’s law covers stalking only as a form of domestic violence, based on the relationship between the parties. N.J. Stat. § 43:21-27(o)(3); NJ Stat 34:11C-3; NJ Rev Stat § 2C:25-19.
  118. Me. Rev. Stat. § 850-A(26).
  119. Colo. Rev. Stat. § 8-13.3-503(18)(b); Conn. Gen. Stat. § 31-49g(c)(1) (by cross-reference to Conn. Gen. Stat. § 31-51ss(b)(1); Me. Rev. Stat. § 850-A(26)(B); Minn. Stat. § 268B.01.34(1); N.J. Stat. § 34:11C-3(a)(1); Or. Rev. Stat. § 657B.010(22) (by cross-reference to Or. Rev. Stat. 659A.272(2).
  120. Colo. Rev. Stat. § 8-13.3-503(18)(b); Conn. Gen. Stat. § 31-49g(c)(1) (by cross-reference to Conn. Gen. Stat. § 31-51ss(b)(1)); Me. Rev. Stat. § 850-A(26)(b); Minn. Stat. § 268B.01.34(3); N.J. Stat. § 34:11C-3(a)(3); Or. Rev. Stat. § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272(3)).
  121. Colo. Rev. Stat. § 8-13.3-503(18)(c); Conn. Gen. Stat. § 31-49g(c)(1) (by cross-reference to Conn. Gen. Stat. § 31-51ss(b)(3)); Me. Rev. Stat. § 850-A(26)(C); Minn. Stat. § 268B.01.34(4); N.J. Stat. § 34:11C-3(a)(4); Or. Rev. Stat. § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272(5)).
  122. Colo. Rev. Stat. § 8-13.3-503(18)(c); Me. Rev. Stat. § 850-A(26)(b); Or. Rev. Stat. § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272(5)).
  123. Colo. Rev. Stat. § 8-13.3-503(18)(d); Conn. Gen. Stat. § 31-49g(c)(1) (by cross-reference to Conn. Gen. Stat. § 31-51ss(b)(4)); Me. Rev. Stat. § 850-A(26)(D); Minn. Stat. § 268B.01.34(5); N.J. Stat. § 34:11C-3(a)(5); Or. Rev. Stat. § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272(1)).
  124. Colo. Rev. Stat. § 8-13.3-503(18)(d); Me. Rev. Stat. § 850-A(26)(D); Minn. Stat. § 268B.01.34(5); N.J. Stat. § 34:11C-3(a)(5); Or. Rev. Stat. § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272(1)).
  125. Conn. Gen. Stat. § 31-49g(c)(1) (by cross-reference to Conn. Gen. Stat. § 31-51ss(b)(2)); Minn. Stat. § 268B.01.34(2); Or. Rev. Stat. § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272(4)).
  126. N.J. Stat. § 34:11C-3(a)(4).
  127. State of Maine, “An Act Authorizing Earned Employee Leave,” Maine Public Law 2019 Ch. 156 (May 28, 2019), available at https://legislature.maine.gov/legis/bills/getPDF.asp?paper=SP0110&item=4&snum=129.
  128. Nevada Rev. Stat. § 608.0197, available at https://www.leg.state.nv.us/nrs/nrs-608.html#NRS608Sec0197 (last accessed May 2024).
  129. 820 Illinois Compiled Statues 192, available at https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68 (last accessed November 2023).
  130. For more information on these laws, see Molly Weston Williamson, “The State of Paid Time Off in 2024” (Washington: Center for American Progress, 2024), available at https://www.americanprogress.org/article/the-state-of-paid-time-off-in-the-u-s-in-2024/.
  131. In Nevada, the law excludes employers in their first two years of operations and employers with existing paid time off policies, which are very broadly defined; it also excludes temporary, seasonal, or on-call employees. Nevada Rev. Stat. § 608.0197(7)-(8). In Maine, the law excludes employers with fewer than 11 employees, as well as many seasonal employees. 26 Maine Revised Statutes § 637(1)-(2). In addition, except where there is “an emergency, illness or other sudden necessity,” employees can be required to give four weeks notice to use leave and employers may put “reasonable limits” on leave scheduling. 12-170 Code of Maine Rules Ch. 18(V), available at https://www.maine.gov/sos/cec/rules/12/chaps12.htm (last accessed May 2024).
  132. Conn. Gen. Stat. § 31-49g(c)(1) (by cross-reference to Conn. Gen. Stat. § 31-51ss(b)).
  133. Colo. Rev. Stat. § 8-13.3-503(18); Me. Rev. Stat. § 850-A(26); Minn. Stat. § 268B.01.34; N.J. Stat. § 43:21-27(o)(3); Or. Rev. Stat § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272).
  134. Or. Rev. Stat § 657B.010(22) (by cross-reference to Or. Rev. Stat. § 659A.272).
  135. Colo. Rev. Stat. § 8-13.3-503(11); Me. Rev. Stat. § 850-A(19); Minn. Stat. § 268B.01.23(a); N.J. Stat. § 43:21-27(n).
  136. For more on the importance of covering chosen family in paid leave laws, see Caroline Medina and Molly Weston Williamson, “Paid Leave Policies Must Include Chosen Family,” Center for American Progress, March 1, 2023, available at https://www.americanprogress.org/article/paid-leave-policies-must-include-chosen-family/.
  137. Colo. Rev. Stat. § 8-13.3-503(11)(e); Me. Rev. Stat. § 850-A(19)(G); Minn. Stat. § 268B.01.23(a)(8); N.J. Stat. § 43:21-27(n).
  138. 7 Colo. Code Regs. 1107-3.6.6(G); CTPL-005-CLSB(n); Minn. Stat. § 268B.06.3(g); OAR 471-070-1110(1). In New Jersey, while there no relevant regulations or statutory provisions, the state’s FAQ states documentation is required. New Jersey Department of Labor and Workforce Development, “Claims Related to Domestic or Sexual Violence,” available at https://www.nj.gov/labor/myleavebenefits/worker/resources/keepingnjsafe.shtml (last accessed March 2024).
  139. CTPL-005-CLSB(n)(2)(B); Minn. Stat. § 268B.06.3(g); OAR 471-070-1130(1)(c); New Jersey Department of Labor and Workforce Development, “Claims Related to Domestic or Sexual Violence.”
  140. 7 Colo. Code Regs. 1107-3.6.6(G).
  141. The statute leaves all questions regarding documentation to regulations, which have not yet been issued. Me. Rev. Stat. § 850-D(1).
  142. Most laws make explicit that leave is or may be unpaid. Conn. Gen. Stat. § 31-51ss(b); 26 Me. Rev. Stat Sec. 850(1); 820 ILCS 180/20(a)(1); Colo. Rev. Stat. 24-34-402.7(1)(a); Fla. Stat. 741.313(2)(a); Hawaii Rev. Stat. 378-72(a); Mass. Gen. L. Ann. ch. 149 §52E(b); Missouri Stat. 285.630(1); NJ Stat. §34:11C-3(a); NM Stat § 50-4A-2(B); NV Rev. Stat. § 608.0198(1)(a); Or. Rev. Stat. § 659A.285(1); Wash. Rev. Code 49.76.030; Kan. Stat. Ann. 44-1132(d); N.Y. Exec. Law § 296(22)(c)(1). A few do so implicitly or by failing to specify that leave must be paid. Cal. Labor Code § 230.1(e)-(f); Conn. Gen. Stat. 46a-60(b)(13)(A); D.C. Code 2-1402.11(c-1)(4)(A); N.C. Gen. Stat. § 50B-5.5; N.C. Gen. Stat. 95-270(a).
  143. Cal. Labor Code § 230.1; Conn. Gen. Stat. 31-51ss; Conn. Gen. Stat. 46a-60(b)(13); D.C. Code 2-1402.11(c-1); 26 Me. Rev. Stat Sec. 850; Colo. Rev. Stat. 24-34-402.7; Mass. Gen. L. Ann. ch. 149 § 52E; NJ Stat. § 34:11C-3; NM Stat § 50-4A-1 et seq.; N.Y. Exec. Law § 296(22)(c); Or. Rev. Stat. § 659A.270 et seq.; Wash. Rev. Code 49.76.030; Minn. Stat. 518B.01.23; 820 ILCS 180/20; NV Rev. Stat. § 608.0198.
  144. Fla. Stat. 741.313; Kan. Stat. Ann. 44-1132; Missouri Stat. 285.630(1); N.C. Gen. Stat. § 50B-5.5; N.C. Gen. Stat. 95-270(a).
  145. In some states, workers who have existing accrued paid leave, such as vacation or sick time, are allowed to use that time for safe leave purposes in lieu of taking the time unpaid. Wash. Rev. Code 49.76.040(6); 820 ILCS 180/25; NJ Stat. §34:11C-3(a); NM Stat § 50-4A-5; Or. Rev. Stat. § 659A.285(2); Cal. Labor Code § 230.1(e). In other states, employers can require employees to use their accrued paid leave before or during safe leave. Colo. Rev. Stat. 24-34-402.7(2)(b); Fla. Stat. 741.313(4)(b); Mass. Gen. L. Ann. ch. 149 §52E(g). For more on the use of accrued leave and the right to pay, see Molly Weston Williamson, “The Meaning of Leave: Understanding Workplace Leave Rights,” NYU Journal of Legislation and Public Policy 22 (1) (2019): 224, available at https://nyujlpp.org/wp-content/uploads/2019/12/Williamson-The-Meaning-of-Leave-22-nyujlpp-197.pdf.
  146. Cal. Labor Code § 230.1(a); Conn. Gen. Stat. § 21-51ss(h); D.C. Code 2-1402.11(c-1)(1)(A); 26 Me. Rev. Stat Sec. 850(1); 820 ILCS 180/20(f)(1)(B); Colo. Rev. Stat. 24-34-402.7(3)(b); Fla. Stat. 741.313(5)(b); Mass. Gen. L. Ann. ch. 149 §52E(i); NJ Stat. §34:11C-4; NM Stat § 50-4A-3; NV Rev. Stat. § 608.0198(3)(c); Or. Rev. Stat. § 659A.277; Kan. Stat. Ann. 44-1132(a).
  147. 820 ILCS 180/20(e)(1); Hawaii Rev. Stat. 378-72(h); Mass. Gen. L. Ann. ch. 149 §52E(i); Missouri Stat. 285.630(8); Wash. Rev. Code 49.76.050(2).
  148. 820 ILCS 180/20(f)(1)(A); Colo. Rev. Stat. 24-34-402.7(3)(a); Fla. Stat. 741.313(5)(a); Mass. Gen. L. Ann. ch. 149 §52E(h); NM Stat § 50-4A-3; NV Rev. Stat. § 608.0198(3)(a); Or. Rev. Stat. § 659A.277; N.Y. Exec. Law § 296(22)(c).
  149. 26 Me. Rev. Stat Sec. 850(2)(A); Or. Rev. Stat. § 659A.275(2); N.Y. Exec. Law § 296(22)(c)(1); 820 Ill. Comp. Stat. 180/30(b); D.C. Code 2-1402.11(c-1)(1)(2); NV Rev. Stat. § 613.222(1); NV Rev. Stat. § 613.222(1); Hawaii Rev. Stat. 378-81(a). Maine has an additional exception for when “requested leave is impractical, unreasonable or unnecessary based on the facts then made known to the employer.” 26 Me. Rev. Stat Sec. 850(2)(C).
  150. Conn. Gen. Stat. 31-51ss; Conn. Gen. Stat. 46a-60(b)(13); 26 Me. Rev. Stat Sec. 850; 820 ILCS 180/20(a)(1); Colo. Rev. Stat. 24-34-402.7(1)(a); Fla. Stat. 741.313(2)(a); Hawaii Rev. Stat. 378-72(a); Mass. Gen. L. Ann. ch. 149 §52E(b); Missouri Stat. 285.630(1); NJ Stat. §34:11C-3(a); NM Stat § 50-4A-3; NV Rev. Stat. § 608.0198(1); Or. Rev. Stat. § 659A.272; Wash. Rev. Code 49.76.030.
  151. Cal. Labor Code § 230.1; N.C. Gen. Stat. § 50B-5.5(a); N.C. Gen. Stat. 95-270(a); Minn. Stat. 518B.01.23.
  152. D.C. Code 2-1402.11(c-1)(4)(a); N.Y. Exec. Law § 296(22)(c).
  153. Cal. Labor Code § 230.1(a) (at least 25 employees); Conn. Gen. Stat. § 21-51ss(a)(1) (at least three employees); Or. Rev. Stat. § 659A.270(1) (at least six employees); Colo. Rev. Stat. 24-34-402.7(1)(b) (50 or more employees); Fla. Stat. 741.313(3) (50 or more employees); Mass. Gen. L. Ann. ch. 149 §52E(c) (50 or more employees). Missouri law specifies rights available at employers with 20 to 49 employees and at employers with at least 50 employees but does not specify rights available to those at employers with fewer than 20 employees. Missouri Stat. 285.630(2).
  154. NV Rev. Stat. § 608.0198(1) (at least 90 days); Fla. Stat. 741.313(3) (at least three months); Colo. Rev. Stat. 24-34-402.7(1)(b) (at least one year).
  155. Conn. Gen. Stat. 46a-60(b)(13)(A); 26 Me. Rev. Stat Sec. 850 (1); N.C. Gen. Stat. § 50B-5.5(a); Or. Rev. Stat. § 659A.272; Wash. Rev. Code 49.76.030; N.Y. Exec. Law § 296(22)(c)(1).
  156. D.C. Code 2-1402.11(c-1)(2).
  157. Colo. Rev. Stat. 24-34-402.7(1)(a); Fla. Stat. 741.313(2)(a).
  158. 820 ILCS 180/20(a)(2) (for employers with at least 50 employees). In California, the law sets an implicit limit of 12 weeks through references to the federal Family and Medical Leave Act, which limits leave to 12 weeks. Cal. Labor Code § 230.1(f).
  159. Kan. Stat. Ann. 44-1132(d) (eight days); Conn. Gen. Stat. § 21-51ss(b) (12 days); NM Stat § 50-4A-2(B) (14 days); Mass. Gen. L. Ann. ch. 149 §52E(b) (15 days); NJ Stat. §34:11C-3(a) (20 days); NV Rev. Stat. § 608.0198(1) (160 hours).
  160. 820 ILCS 180/20(a)(2) (4 to 12 workweeks); Hawaii Rev. Stat. 378-72(a) (5 to 30 days); Missouri Stat. 285.630(2) (1 to 2 workweeks).
  161. Cal. Labor Code § 230.1(g)(6)(a); 26 Me. Rev. Stat Sec. 850(1); 820 ILCS 180/20(a)(1); Colo. Rev. Stat. 24-34-402.7(1)(a); Conn. Gen. Stat. § 31-51ss(b); Conn. Gen. Stat. 46a-60(b)(13)(A); D.C. Code 2-1402.11(c-1)(2); Fla. Stat. 741.313(2)(a); Hawaii Rev. Stat. 378-72(a); Kan. Stat. Ann. 44-1132(a); Mass. Gen. L. Ann. ch. 149 §52E; Minn. Stat. 518B.01; Missouri Stat. 285.630(1); N.C. Gen. Stat. 95-270(a) (by cross-reference to N.C. Gen. Stat. ch. 50B); N.C. Gen. Stat. § 50B-5.5; N.Y. Exec. Law § 296(22)(c); NJ Stat. §34:11C-3(a); NM Stat § 50-4A-3; NV Rev. Stat. § 608.0198(1); Or. Rev. Stat. § 659A.272; Wash. Rev. Code 49.76.030.
  162. Cal. Labor Code § 230.1(g)(6)(a); 26 Me. Rev. Stat Sec. 850(1); D.C. Code 2-1402.11(c-1)(2); 820 ILCS 180/20(a)(1); Colo. Rev. Stat. 24-34-402.7(1)(a); Fla. Stat. 741.313(2)(a); Hawaii Rev. Stat. 378-72(a); Mass. Gen. L. Ann. ch. 149 § 52E; Missouri Stat. 285.630(1); NJ Stat. § 34:11C-3(a); NV Rev. Stat. § 608.0198(1); Or. Rev. Stat. § 659A.272; Wash. Rev. Code 49.76.030; Kan. Stat. Ann. 44-1132(a); N.C. Gen. Stat. 95-270(a) (by cross-reference to N.C. Gen. Stat. ch. 50C). As of October 1, 2024, Connecticut’s law will also cover sexual assault. Conn. Public Act 24-5 (2024), sec. 8 (amending Conn. Gen. Stat. § 31-51ss), available at https://cga.ct.gov/2024/ACT/PA/PDF/2024PA-00005-R00SB-00222-PA.PDF.
  163. Cal. Labor Code § 230.1(g)(6)(a); 26 Me. Rev. Stat Sec. 850(1); Colo. Rev. Stat. 24-34-402.7(1)(a); Mass. Gen. L. Ann. ch. 149 § 52E; Or. Rev. Stat. § 659A.272; Wash. Rev. Code 49.76.030; N.C. Gen. Stat. 95-270(a) (by cross-reference to N.C. Gen. Stat. ch. 50C); D.C. Code 2-1402.11(c-1)(2). By implication, Illinois also covers stalking. 820 ILCS 180/20(a)(1).
  164. Cal. Labor Code § 230.1(g)(6)(b)-(c); 820 ILCS 180/20(a)(1).
  165. Colo. Rev. Stat. 24-34-402.7(1)(a) (“any other crime, the underlying factual basis of which has been found by a court on the record to include an act of domestic violence”).
  166. Or. Rev. Stat. § 659A.272 (“bias” and “harassment”).
  167. Mass. Gen. L. Ann. ch. 149 §52E (“kidnapping”).
  168. N.C. Gen. Stat. 95-270(a) (by cross-reference to N.C. Gen. Stat. ch. 50C) (“abuse”).
  169. Cal. Labor Code § 230.1(a)(1); Conn. Gen. Stat. § 21-51ss(b)(1); Conn. Gen. Stat. 46a-60(b)(13)(A)(i); 26 Me. Rev. Stat Sec. 850(1)(B); 820 ILCS 180/20(a)(1)(A); Colo. Rev. Stat. 24-34-402.7(1)(a)(II); Fla. Stat. 741.313(2)(b)(2); Hawaii Rev. Stat. 378-72(a)(1); Mass. Gen. L. Ann. ch. 149 §52E(b)(ii); Missouri Stat. 285.630(1)(1); NJ Stat. § 34:11C-3(a)(1); NV Rev. Stat. § 608.0198(2)(a)(1); Or. Rev. Stat. § 659A.272(2); Wash. Rev. Code 49.76.030(2); Kan. Stat. Ann. 44-1132(a)(2); N.Y. Exec. Law § 296(22)(c)(2)(i).
  170. Cal. Labor Code § 230.1(a)(3); Conn. Gen. Stat. § 21-51ss(b)(1); Conn. Gen. Stat. 46a-60(b)(13)(A)(ii); 820 ILCS 180/20(a)(1)(B); Colo. Rev. Stat. 24-34-402.7(1)(a)(II); Fla. Stat. 741.313(2)(b)(2); Hawaii Rev. Stat. 378-72(a)(3); Mass. Gen. L. Ann. ch. 149 §52E(b)(ii); Missouri Stat. 285.630(1)(3); NJ Stat. § 34:11C-3(a)(3); Or. Rev. Stat. § 659A.272(3); Wash. Rev. Code 49.76.030(4); N.Y. Exec. Law § 296(22)(c)(2)(iii).
  171. Cal. Labor Code § 230.1(a)(2); Conn. Gen. Stat. § 21-51ss(b)(2); Conn. Gen. Stat. 46a-60(b)(13)(A)(ii); 820 ILCS 180/20(a)(1)(B); Fla. Stat. 741.313(2)(b)(3); Hawaii Rev. Stat. 378-72(a)(2); Mass. Gen. L. Ann. ch. 149 § 52E(b)(ii); Missouri Stat. 285.630(1)(2); NJ Stat. §34:11C-3(a)(2); Or. Rev. Stat. § 659A.272(4); Wash. Rev. Code 49.76.030(3); Kan. Stat. Ann. 44-1132(a)(3); N.Y. Exec. Law § 296(22)(c)(2)(ii). In addition, some states appear to cover the same needs through less specific language. 26 Me. Rev. Stat Sec. 850(1)(C) (“Obtain necessary services to remedy a crisis”); NV Rev. Stat. § 608.0198(2)(a)(2) (“to obtain … assistance”).
  172. Cal. Labor Code § 230.1(a)(4); Conn. Gen. Stat. § 21-51ss(b)(3); Conn. Gen. Stat. 46a-60(b)(13)(A)(iv); 820 ILCS 180/20(a)(1)(D); Colo. Rev. Stat. 24-34-402.7(1)(a)(III); Fla. Stat. 741.313(2)(b)(4); Hawaii Rev. Stat. 378-72(a)(4); Mass. Gen. L. Ann. ch. 149 §52E(b)(ii); Missouri Stat. 285.630(1)(4); NJ Stat. § 34:11C-3(a)(4); Or. Rev. Stat. § 659A.272(5); Wash. Rev. Code 49.76.030(5); N.Y. Exec. Law § 296(22)(c)(2)(iv).
  173. Conn. Gen. Stat. § 21-51ss(b)(4); Conn. Gen. Stat. 46a-60(b)(13)(A)(v); 26 Me. Rev. Stat Sec. 850(1)(A); 820 ILCS 180/20(a)(1)(E); Colo. Rev. Stat. 24-34-402.7(1)(a)(IV); Fla. Stat. 741.313(2)(b)(5); Hawaii Rev. Stat. 378-72(a)(5); Mass. Gen. L. Ann. ch. 149 §52E(b)(ii); Missouri Stat. 285.630(1)(5); NJ Stat. § 34:11C-3(a)(6); NM Stat § 50-4A-2(B); NV Rev. Stat. § 608.0198(2)(a)(3); Or. Rev. Stat. § 659A.272(1); Wash. Rev. Code 49.76.030(1); N.Y. Exec. Law § 296(22)(c)(2)(v).
  174. Conn. Gen. Stat. 46a-60(b)(13)(A)(v); 820 ILCS 180/20(a)(1)(E); Colo. Rev. Stat. 24-34-402.7(1)(a)(IV); Fla. Stat. 741.313(2)(b)(5); Hawaii Rev. Stat. 378-72(a)(5); Mass. Gen. L. Ann. ch. 149 § 52E(b)(ii); Missouri Stat. 285.630(1)(5); NJ Stat. § 34:11C-3(a)(5); Or. Rev. Stat. § 659A.272(1); Wash. Rev. Code 49.76.030(1); N.Y. Exec. Law § 296(22)(c)(2)(v).
  175. Cal. Labor Code § 230.1(a)(4); 820 ILCS 180/20(a)(1)(D); Missouri Stat. 285.630(1)(4); NJ Stat. § 34:11C-3(a)(4); NV Rev. Stat. § 608.0198(2)(a)(4); Wash. Rev. Code 49.76.030(5); N.Y. Exec. Law § 296(22)(c)(2)(iv).
  176. Cal. Labor Code § 230.1(a)(4); Conn. Gen. Stat. 46a-60(b)(13)(A)(iv); 820 ILCS 180/20(a)(1)(D); Hawaii Rev. Stat. 378-72(a)(5); Mass. Gen. L. Ann. ch. 149 § 52E(b)(ii); Missouri Stat. 285.630(1)(4); NJ Stat. § 34:11C-3(a)(4); Wash. Rev. Code 49.76.030(5); N.Y. Exec. Law § 296(22)(c)(2)(iv); NV Rev. Stat. § 608.0198(2)(a).
  177. NM Stat § 50-4A-1 et seq.; N.C. Gen. Stat. 95-270(a); N.C. Gen. Stat. § 50B-5.5.
  178. Cal. Labor Code § 230.1(b)(2) (by cross-reference to Cal. Labor Code § 230(d)(2)); Conn. Gen. Stat. § 31-51ss(d); Conn. Gen. Stat. 46a-60(b)(13)(B); 820 ILCS 180/20(c)(2)(A); Hawaii Rev. Stat. 378-72(d); Mass. Gen. L. Ann. ch. 149 § 52E(e); Missouri Stat. 285.630(6); NJ Stat. § 34:11C-3(c)(5); NV Rev. Stat. § 608.0198(4); Or. Rev. Stat. § 659A.280(4); Wash. Rev. Code 49.76.040(4)(c); Kan. Stat. Ann. 44-1132(b); N.Y. Exec. Law § 296(22)(c)(5).
  179. Cal. Labor Code § 230.1(b)(2) (by cross-reference to Cal. Labor Code § 230(d)(2)); Conn. Gen. Stat. § 21-51ss(d); 820 ILCS 180/20(c)(2); Hawaii Rev. Stat. 378-72(d); Mass. Gen. L. Ann. ch. 149 § 52E(e); Wash. Rev. Code 49.76.040(4)(b).
  180. NV Rev. Stat. § 613.222(1); Hawaii Rev. Stat. 378-81(a).
  181. Del. Code. Ann. tit. 19 ch. 17 sec. 711(i)(2), available at https://delcode.delaware.gov/title19/c007/sc02/ (last accessed May 2024).
  182. Williamson, “The Meaning of Leave,” p. 265.
  183. Ibid., p. 230.
  184. For example, see Mont. Code Ann. § 46-24-205(3); N.H. Rev. Stat. Ann. § 275:62(I); Iowa Code Ann. § 915.23(1); 18 Pa. Stat. Ann. § 4957(a).
  185. For example, see Ind. Code Ann. § 35-44.1-2-12(3); Miss. Code Ann. § 99-43-45; Utah Code Ann. § 78B-1-132(1); Fla. Stat. Ann. § 92.57.
  186. For more on the limitations of the criminal legal system in relation to domestic violence, see Sabrina Talukder and Kierra B. Jones, “Domestic Violence Survivors Need More Options for Accountability as the Supreme Court Prepares To Hear Major Gun Case,” Center for American Progress, November 3, 2023, available at https://www.americanprogress.org/article/domestic-violence-survivors-need-more-options-for-accountability-as-the-supreme-court-prepares-to-hear-major-gun-case/.

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Author

Molly Weston Williamson

Senior Fellow

Team

Women’s Initiative

The Women’s Initiative develops robust, progressive policies and solutions to ensure all women can participate in the economy and live healthy, productive lives.

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