Know Your Rights: Domestic Violence and the Workplace

Your workplace rights in D.C., Maryland, and Virginia

Where are you employed?

Your rights and benefits are dependent on where you work, rather than where you live.

Washington D.C.

The Bottom Line: An employer cannot discriminate against you for being a victim or family member of a victim of domestic violence (DV), sexual offenses, and/or stalking. (DC Human Rights Act)

Employees who have experienced domestic violence or have a family member that has experienced domestic violence may also be eligible for:

Job-Protected Leave

  • 3–7 days of job-protected leave for absences associated with DV or sexual abuse (DC Sick and Safe Leave Act)

  • 12–16 weeks of job-protected leave to recover from or care for a family member with a serious health condition that arose from DV (DC Family Medical Leave Act, Family Medical Leave Act)

Monetary Benefits

  • 3-7 days of PAID leave for absences associated with DV or sexual abuse (DC Sick and Safe Leave Act)

  • 12 weeks of PAID leave to care for yourself or family member recovering from a serious health condition that arose from DV or sexual abuse (DC Paid Family Leave)

Reasonable Accommodations

  • Accommodations such as transfers, reassignment, schedule modifications, leave, change in contact information, extra safety procedures, etc. (DC Human Rights Act)

  • Accommodations for mental or physical disability that arose from DV as long as they do not impose undue hardship on employer (Americans with Disabilities Act)  

Frequently asked questions

How much do I have to disclose to my employer?

  • You need to tell your employer enough about your situation for them to know you are eligible for leave. If foreseeable, you should give 10 days’ notice for DC Safe and Sick Leave OR 30 days’ notice for FMLA. In an emergency, try to give notice within 24 hours of the emergency’s onset.

  • If you need more than 3 days off, your employer may ask for documentation (a court order, police report or signed statement from an advocate or counselor).

What if I quit my job?

  • You may be eligible to receive unemployment benefits if you can prove the domestic violence caused you to quit. You may need to provide documentation as proof (police records, a written statement from a government agency or court that you sought assistance for domestic violence, etc.)

  • You may be eligible for workers’ compensation if you suffered domestic or sexual violence while at work.

How else can I protect myself from domestic or sexual violence?

  • Consider making a safety plan and sharing it with someone you trust. A safety plan lists steps you can take to protect yourself in the event of a threat or incident.

I need legal assistance. What can I do?

First Shift Justice Project can help you take assert your workplace rights. Please contact us at (202) 644-9043 or intake@firstshift.org. You may also consult our website.

  • If you need assistance for a domestic violence case and/or are looking for legal support and assistance with a CPO (Civil Protection Order) please consult the following organizations:

    • NVRDC: CPO, anti-stalking orders, Title IX, and Clery Act

      • Call: (202) 742-1727

    • Rising for Justice: CPO

      • Call: (202) 507-7441

      • Email: cpop@risingforjustice.org

    • Ayuda: CPO, child custody, spousal/child support, and divorce/legal separation, crime victims’ rights advocacy

      • Call: (202) 387-4848; or Text: (833) 422-0005

    • Safe Sisters Circle: CPO, child custody, spousal/child support, and divorce/legal separation, crime victims’ rights advocacy

      • Call or Text: (202) 365-5251

      • Email: legalservices@safesisterscircle.org

    • LinkU DMV: free online resource guide of verified social care providers

Maryland

The Bottom Line: If you or a family member have experienced domestic violence (DV), you have employment rights. An employer cannot discriminate against you for being a victim or family member of a victim with a mental or physical disability that arose from domestic violence. (Americans with Disabilities Act)

Employees who have experienced domestic violence or have a family member that has experienced domestic violence may also be eligible for:

Job-Protected Leave

  • 40 hours of job-protected leave to obtain care or social services related to domestic violence, sexual abuse, or stalking of you or a family member (Maryland Healthy Working Families Act)

  • 12 weeks of job-protected leave to recover from or care for a family member with a serious health condition that arose from DV (Federal Family Medical Leave Act)

Monetary Benefits

  • 40 hours of PAID leave to obtain care or social services related to domestic violence, sexual abuse, or stalking of you or a family member (for employers with 15+ employees) (Maryland Healthy Working Families Act)

Reasonable Accommodations

  • Accommodations for mental or physical disability that arose from DV as long as they do not impose undue hardship on employer (Americans with Disabilities Act)

Frequently asked questions

How much do I have to disclose to my employer?

  • You need to tell your employer enough about your situation for them to know you are eligible for leave. If foreseeable, you should give 7 days’ notice for Maryland Healthy Working Families OR 30 days’ notice for FMLA. In an emergency, try to give notice within 24 hours of the emergency’s onset.

  • If you need more than 3 days off, your employer may ask for documentation (a court order, police report or signed statement from an advocate or counselor).

What if I quit my job?

  • You may be eligible to receive unemployment benefits if you can prove the domestic violence caused you to quit. You may need to provide documentation as proof (police records, a written statement from a government agency or court that you sought assistance for domestic violence, etc.)

  • You may be eligible for workers’ compensation if you suffered domestic or sexual violence while at work.

How else can I protect myself from domestic or sexual violence?

  • Consider making a safety plan and sharing it with someone you trust. A safety plan lists steps you can take to protect yourself in the event of a threat or incident.

I need legal assistance. What can I do?

First Shift Justice Project can help you take assert your workplace rights. Please contact us at (202) 644-9043 or intake@firstshift.org. You may also consult our website.

  • If you need assistance for a domestic violence case and/or are looking for legal support and assistance with a CPO (Civil Protection Order) please consult the following organizations:

    • Find support near you through the Maryland Network Against Domestic Violence

      • Consult their website for county-specific resource centers and a directory of service providers https://www.mnadv.org/get-help/domestic-violence-service-providers/

    • PG County Family Justice Center: Offers streamlined access to 21 agencies related to legal services for domestic violence

      • Call: (301) 780-8008

    • Ashiyanaa: CPO and referrals to other legal services related to domestic violence

      • Call: 1-888-417-2742

    • Ayuda: CPO, child custody, spousal/child support, and divorce/legal separation, crime victims’ rights advocacy

      • Call: (240) 594-0600 

    • LinkU DMV: free online resource guide of verified social care providers

Virginia

The Bottom Line: If you or a family member have experienced domestic violence (DV), you have employment rights. An employer cannot discriminate against you for being a victim or family member of a victim with a mental or physical disability that arose from domestic violence. (Americans with Disabilities Act)

Employees who have experienced domestic violence or have a family member that has experienced domestic violence may also be eligible for:

Job-Protected Leave

  • 12 weeks of job-protected leave to recover from or care for a family member with a serious health condition that arose from DV (Federal Family Medical Leave Act)

Reasonable Accommodations

  • Accommodations for mental or physical impairment that arose from domestic violence, as long as they do not impose undue hardship on employer (Virginia Human Rights Act)

  • Accommodations for mental or physical disability that arose from DV as long as they do not impose undue hardship on employer (Americans with Disabilities Act)

Frequently asked questions

How much do I have to disclose to my employer?

  • You need to tell your employer enough about your situation for them to know you are eligible for leave. If foreseeable, you should give 30 days’ notice for FMLA. In an emergency, try to give notice within 24 hours of the emergency’s onset.

  • If you need more than 3 days off, your employer may ask for documentation (a court order, police report or signed statement from an advocate or counselor).

What if I quit my job?

  • You may be eligible to receive unemployment benefits if you can prove the domestic violence caused you to quit. You may need to provide documentation as proof (police records, a written statement from a government agency or court that you sought assistance for domestic violence, etc.)

  • You may be eligible for workers’ compensation if you suffered domestic or sexual violence while at work.

How else can I protect myself from domestic or sexual violence?

  • Consider making a safety plan and sharing it with someone you trust. A safety plan lists steps you can take to protect yourself in the event of a threat or incident.

I need legal assistance. What can I do?

First Shift Justice Project can help you take assert your workplace rights. Please contact us at (202) 644-9043 or intake@firstshift.org. You may also consult our website.

  • If you need assistance for a domestic violence case and/or looking for legal support and assistance with a CPO (Civil Protection Order) please consult the following organizations: