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Is leave required for a domestic abuse victim?: Answer

Answer: Whether you must grant time may depend on what state you are in. Many states have domestic violence leave laws (or crime victim leave laws) designed to help individuals like Missy get out of an abusive situation.

These laws generally require an employer to provide time off, usually unpaid, for the employee to find a safe place to live, find an attorney, obtain a restraining order, or get counseling. The amount of leave allowed varies by state and can be anywhere from three days to 12 weeks. Even if your state doesn’t have a law, you may be able to refer the employee to an assistance program for help.

If the Family and Medical Leave Act (FMLA) applies to your company and Missy is eligible, she may qualify for unpaid leave through this federal law. FMLA allows certain employees to take up to 12 weeks off every 12 months for their own serious health conditions, or to care for a family member with a serious health condition (among other things). An employee who is physically injured or develops psychological trauma as a result of domestic violence might be entitled to FMLA leave. An employee might also be able to take time off to care for a parent or child who has been a victim of domestic violence.