What Is New York Domestic Violence Leave?

New York provides protected time off for employees who are victims of domestic violence, sexual assault, stalking, or human trafficking. You have the right to take unpaid leave to seek medical help, obtain legal protection, relocate to safety, or address other needs related to the violence without losing your job.

The law protects you from retaliation and termination when you need time away from work to escape an abusive situation or seek help. Additionally, New York's paid sick leave law allows you to use accrued sick time for domestic violence-related needs, giving you paid time off in many situations.

These protections apply to most private-sector employees in New York, regardless of your employer's size. Understanding your rights helps you prioritize your safety without sacrificing your job and income.

Why Domestic Violence Leave Matters

Domestic violence affects millions of Americans. Victims face an impossible choice: stay safe or keep your job. New York law removes that choice by protecting your employment while you address the crisis.

The numbers are stark:

• 1 in 4 women and 1 in 9 men experience severe physical violence by an intimate partner
• Domestic violence is a leading reason for homelessness
• Economic abuse and job interference are common abuser tactics
• Many victims stay in dangerous situations because they cannot afford to miss work

Abusers often interfere with employment:

• Showing up at the workplace to harass or threaten
• Preventing victims from getting to work
• Sabotaging job performance through intimidation
• Forcing victims to quit jobs to maintain control

New York's domestic violence leave laws help victims:

• Obtain orders of protection without losing their jobs
• Attend court proceedings related to the violence
• Access medical care for injuries
• Relocate to safe housing
• Receive counseling and support services
• Participate in safety planning

Without job protection, victims cannot escape. These laws recognize that safety requires time, resources, and legal action—all of which require time off work.

Who Is Covered

New York domestic violence leave protections cover most employees.

You're protected if:

• You work for a private employer in New York (any size)
• You're experiencing domestic violence, sexual assault, stalking, or human trafficking
• You need time off to address the situation

The law covers victims and their family members:

• You (the direct victim)
• Your family member who is a victim (child, parent, spouse, domestic partner, or other family member)

Example: Maria is being stalked by an ex-boyfriend. She needs time off to obtain an order of protection. She's covered by the law.

Example: Kevin's sister is a victim of domestic violence and needs his help relocating to a domestic violence shelter. Kevin can take time off to assist his sister under family sick leave provisions.

Employer size doesn't matter for basic domestic violence leave protections. Even a 2-person company must allow you to take time off to address domestic violence situations.

What Domestic Violence Leave Covers

New York law protects time off for specific activities related to domestic violence, sexual assault, stalking, or human trafficking.

Legal Proceedings and Protection

You can take time off to participate in legal processes.

Covered activities:

• Obtaining an order of protection (restraining order)
• Attending Family Court hearings
• Criminal court proceedings related to the violence
• Meeting with prosecutors or victim advocates
• Testifying in criminal or civil cases
• Filing police reports

Example: Denise needs to go to Family Court to obtain an order of protection against her abusive husband. She takes time off work to attend the hearing. Her employer cannot fire her or retaliate against her for this absence.

Example: Lisa receives a subpoena to testify in the criminal trial of her abuser. She takes two days off to testify. This is protected time off.

Medical Care and Counseling

You can take time off to receive medical treatment and mental health services.

Covered activities:

• Emergency medical care for injuries
• Follow-up medical appointments
• Mental health counseling or therapy
• Substance abuse treatment related to the trauma
• Medical evaluations for court documentation

Example: After a violent assault, Tina goes to the emergency room for treatment. She takes the following day off to rest and recover. Both absences are protected.

Example: Marcus attends weekly therapy appointments to address trauma from childhood sexual abuse. His employer cannot count these absences against him if he discloses the protected reason.

Safety Planning and Relocation

You can take time off to ensure your safety and that of your family.

Covered activities:

• Meeting with domestic violence advocates or counselors
• Participating in safety planning sessions
• Securing new housing (viewing apartments, meeting with landlords)
• Relocating to a domestic violence shelter
• Changing locks or improving home security
• Arranging childcare at a safe location
• Obtaining new identification documents after fleeing

Example: Keisha meets with a domestic violence advocate to develop a safety plan for leaving her abusive partner. She takes 4 hours off work for this meeting. This is protected time off.

Example: Rita needs to relocate immediately to a confidential shelter. She takes two days off to move her belongings and get settled. Her employer cannot terminate her for this absence.

Accessing Services

You can take time off to receive services from domestic violence programs.

Covered activities:

• Visiting domestic violence shelters or programs
• Attending support groups
• Meeting with victim advocates
• Receiving assistance from rape crisis centers
• Working with human trafficking support organizations

Example: Elena attends a weekly domestic violence support group. She leaves work 2 hours early each Wednesday for the group. This is protected time off.

Paid vs. Unpaid Domestic Violence Leave

New York's domestic violence leave protections are primarily unpaid, but paid sick leave laws provide paid time off for many situations.

Unpaid Domestic Violence Leave

Basic protection: You have the right to take reasonable time off to address domestic violence situations. This time off is unpaid, but you're protected from termination and retaliation.

"Reasonable time off" isn't specifically defined. It depends on the circumstances and what you need to address the situation.

Employers cannot:

• Fire you for taking domestic violence leave
• Demote or reduce your pay
• Retaliate against you
• Require you to make up the time
• Count it against you under attendance policies

Example: Monica takes 3 days off to obtain an order of protection, meet with police, and relocate to temporary housing. Her employer doesn't pay her for those 3 days, but her employer cannot fire her or discipline her for the absence.

Paid Sick Leave for Domestic Violence

New York's paid sick leave law allows you to use accrued sick time for domestic violence situations.

You can use paid sick leave for:

• Obtaining services from a domestic violence shelter or program
• Participating in safety planning, relocating, or taking other actions to increase safety
• Meeting with an attorney
• Attending court proceedings
• Filing a police report
• Obtaining an order of protection

Paid sick leave amounts:

• Large employers (100+ employees): 56 hours per year
• Medium employers (5-99 employees): 40 hours per year
• Small employers (4 or fewer, earning $1M+): 40 hours per year
• Very small employers (4 or fewer, under $1M): 40 hours unpaid

This means most New York workers can use 40-56 hours of PAID leave for domestic violence situations before needing unpaid leave.

Example: Tina works for a company with 75 employees. She has 40 hours of paid sick leave accrued. She uses 16 hours (2 days) to attend court and meet with her attorney about her order of protection. She receives full pay for those 16 hours. Her employer cannot deny her sick leave for this protected use.

Example: Kevin works for a startup with 3 employees earning $400,000 annually (under $1M). He accrues 40 hours of sick leave, but it's unpaid. He uses 8 hours to help his sister relocate to safety. He gets job protection but no pay.

NYC Additional Protections

New York City has broader "safe and sick leave" provisions that expand on state law.

NYC safe leave includes:

• More expansive family member definitions
• Additional protected uses
• Stronger enforcement

If you work in NYC, check NYC's Paid Safe and Sick Leave information for complete details.

Confidentiality and Privacy Protections

New York law protects your privacy when you take domestic violence leave.

Employer Confidentiality Obligations

Your employer must keep information about your domestic violence situation confidential.

Your employer cannot:

• Disclose to coworkers why you're taking leave
• Share details of your situation with anyone
• Release information without your written permission (except when required by law)

Your employer must:

• Keep documentation in confidential files (not your regular personnel file)
• Limit access to the information to people with a legitimate need to know (HR, your supervisor for scheduling purposes only)
• Protect you from abuser contact at work

Example: Alicia tells HR she needs time off to obtain an order of protection. Her supervisor asks HR why Alicia is out. HR says, "Alicia is using protected leave. We cannot disclose details." HR does not tell the supervisor about the domestic violence situation.

Documentation and Proof

Employers can request documentation that you're taking leave for a covered purpose, but they cannot require details of the abuse.

Acceptable documentation:

• Court documents showing you have a hearing date
• Police report (with sensitive details redacted)
• Letter from domestic violence advocate or shelter confirming you're receiving services
• Attorney letter confirming representation

Your employer cannot require:

• Detailed description of the abuse
• Photos of injuries
• Proof that violence occurred (your word is sufficient with supporting documentation of services)

Example: Monica takes time off for a court hearing. Her employer requests documentation. Monica provides a copy of the court notice showing her hearing date and time. This is sufficient. Her employer cannot demand she explain what happened or provide evidence of abuse.

Protection From Abuser Contact at Work

While not explicitly part of the leave law, New York employers have obligations to provide a safe workplace.

You can request:

• Your employer not release your contact information to your abuser
• Security measures if your abuser shows up at work
• Changed schedule or location to avoid abuser contact

Employers should:

• Take threats seriously
• Cooperate with orders of protection
• Provide reasonable workplace safety measures
• Train security staff on the situation (with your consent)

Example: Tina has an order of protection against her ex-boyfriend. She provides a copy to her employer's security team and requests they not allow him on the premises. Her employer cooperates and instructs security to call police if he appears.

How to Request Domestic Violence Leave

Requesting leave requires disclosing your situation, which can be difficult. Know your rights.

Giving Notice to Your Employer

When to notify:

• As soon as practicable before you need leave (if foreseeable)
• As soon as possible after the need arises (if unforeseeable)

Foreseeable leave might include scheduled court dates or planned relocation.

Unforeseeable leave might include emergency medical care, immediate safety threats, or sudden need to relocate.

How to notify:

• Verbally (in person or by phone)
• In writing (email, letter)
• Follow your employer's usual call-in procedures

What to say:

• You need time off for a reason covered by domestic violence leave laws
• You don't need to provide details of the abuse
• Provide the dates you need off (if known)

Example: "I need to take time off on Tuesday, March 15, to attend a court hearing related to a domestic violence situation I'm experiencing. I'm requesting this time off under New York's domestic violence leave protections."

Providing Documentation (If Required)

Your employer can request reasonable documentation but cannot demand intimate details.

If your employer requests documentation:

• Provide court notices, appointment confirmations, or advocate letters
• You can redact sensitive information (case details, descriptions of abuse)
• A general statement from an advocate or attorney is sufficient

Example documentation:

• "This letter confirms that [Employee Name] is receiving services from [Domestic Violence Program] related to domestic violence. She has an appointment on [date]." - This is sufficient.

What you don't have to provide:

• Police reports with abuse details
• Medical records describing injuries
• Detailed descriptions of incidents
• Proof that abuse occurred beyond documentation of services you're receiving

If You Need to Disclose Minimal Information

You can disclose just enough to invoke your rights without sharing traumatic details.

Phrases that protect your privacy while invoking legal rights:

• "I'm experiencing a domestic violence situation and need time off to address it."
• "I need to attend a court hearing related to a protection order."
• "I'm using my paid sick leave for a domestic violence-related reason covered by New York law."
• "I need time off to receive services from a domestic violence program."

You control the information. Share what you're comfortable with while still invoking your legal protections.

Employer Retaliation Is Illegal

New York law strictly prohibits retaliation against employees who take domestic violence leave.

What Retaliation Looks Like

Illegal retaliation includes:

• Firing you for taking domestic violence leave
• Demoting you or reducing your pay
• Giving you undesirable shifts or assignments
• Counting domestic violence leave as absences under attendance policies
• Making hostile comments about your situation
• Threatening to call your abuser
• Creating a hostile work environment after disclosure

Example: Rita takes 3 days off to attend court and relocate to safety. When she returns, her manager reduces her hours from 40 to 20 per week. This is likely illegal retaliation.

Example: Kevin discloses he's a victim of domestic violence. His coworkers (who learned about it through illegal disclosure by supervisor) make jokes and hostile comments. This creates a hostile work environment and may be illegal retaliation.

What to Do If You Face Retaliation

If your employer retaliates against you for taking domestic violence leave, you have options.

Step 1: Document everything

• Save emails, text messages, and written communications
• Note dates, times, and details of retaliatory actions
• Keep copies of leave requests and documentation
• Note witnesses to retaliatory statements or actions

Step 2: Report internally (if safe to do so)

• Report retaliation to HR in writing
• Request they investigate and remedy the situation
• Keep copies of your complaint and their response

Step 3: File a complaint with government agencies

• For sick leave violations: File with New York Department of Labor
• For discrimination/retaliation: File with NY Division of Human Rights
• For federal claims: File with U.S. Equal Employment Opportunity Commission

Step 4: Contact an employment attorney

• Many attorneys offer free consultations
• An attorney can evaluate your claims and recommend next steps
• You may have claims for wrongful termination, retaliation, and discrimination

Example: Monica files a written complaint with HR documenting that her supervisor cut her hours after she took domestic violence leave. HR investigates and restores her hours. Monica documents everything in case further action is needed.

Example: Lisa's employer fires her one week after she returns from domestic violence leave. She immediately contacts an employment attorney who files a lawsuit for wrongful termination in retaliation for taking protected leave.

Special Considerations

If Your Abuser Is Your Employer or Coworker

If the abuser is your employer or coworker, the situation is more complex.

Your rights:

• You're still protected from retaliation
• You can take time off to address the situation
• Your employer has obligations to provide a safe workplace
• You may have sexual harassment or hostile work environment claims

Recommended actions:

• File a police report if crimes occurred
• Obtain an order of protection
• Consult an employment attorney immediately
• Consider filing complaints with government agencies
• Document everything (save evidence of harassment, threats, etc.)

Example: Tina's supervisor has been sexually harassing her. When she rejects his advances, he becomes threatening. She files a police report, obtains an order of protection, and files a complaint with the NYS Division of Human Rights for sexual harassment. She also consults an employment attorney.

If You're Fired While Experiencing Domestic Violence

If your employer fires you during or shortly after domestic violence leave, this may be wrongful termination.

Key questions:

• Did your employer know you were taking domestic violence leave?
• Was the stated reason for termination legitimate or pretextual?
• Did the timing suggest retaliation?
• Did your performance reviews change after disclosure?

Consult an employment attorney to evaluate whether you have wrongful termination claims.

Example: Kevin discloses he's a victim of stalking and needs time off for court. His employer, who has never disciplined him before, suddenly fires him for "performance issues" three days later. This looks like retaliation, not legitimate performance management.

If You Need Extended Time Off

The basic domestic violence leave protections don't specify a maximum number of days. "Reasonable time off" depends on circumstances.

For extended leave needs:

• You may also qualify for FMLA if your situation involves a serious health condition (PTSD, injuries requiring medical treatment, etc.)
• Some employers offer additional unpaid personal leave
• Explain to your employer why extended time is necessary for your safety

Example: Rita experiences severe PTSD requiring intensive therapy and temporary relocation out of state for safety. She needs 6 weeks off. She qualifies for FMLA for the serious health condition (PTSD). She also explains the safety need to her employer, who grants additional unpaid leave beyond FMLA.

When the Victim Is Your Family Member

You can take paid sick leave (if available) or request unpaid time off to help a family member who is a victim.

Covered family members vary by law (check sick leave provisions), but generally include:

• Children
• Parents
• Spouse or domestic partner
• Siblings (under sick leave)

Example: Marcus's sister is a victim of domestic violence. He uses paid sick leave to help her relocate to a safe apartment. This is a protected use of sick leave under New York law.

Real-World Examples: Domestic Violence Leave in Action

Example 1: Obtaining Order of Protection Elena is being stalked by an ex-boyfriend. She needs to attend Family Court to obtain an order of protection. She notifies her employer she'll be absent on Tuesday for a court hearing related to a stalking situation. She uses 8 hours of paid sick leave. Her employer cannot deny this use or count it against her. She provides a copy of the court notice as documentation (with case details redacted).

Example 2: Relocating to Safety Monica's abusive husband discovers where she's been staying. She needs to relocate immediately to a confidential shelter. She calls her employer Monday morning and says, "I'm experiencing a domestic violence emergency and need to take today and tomorrow off to relocate to safety. I'm invoking my rights under New York's domestic violence leave law." She uses 16 hours of paid sick leave. Her employer cannot retaliate.

Example 3: Multiple Court Appearances Lisa is testifying in the criminal prosecution of her abuser. She has 5 court appearances over 3 months (each requiring a full day off). She uses her 40 hours of paid sick leave for the first 5 days. After sick leave is exhausted, she takes unpaid protected time off for remaining appearances. Her employer cannot fire her or count these absences against her under attendance policies.

Example 4: Weekly Therapy Tina experiences severe anxiety and PTSD from domestic violence. She attends therapy every Thursday at 3 p.m., requiring her to leave work 2 hours early. She uses paid sick leave for these appointments (1-2 hours weekly). Her employer cannot deny this use. Tina provides a letter from her therapist confirming she's receiving treatment for trauma related to domestic violence.

Example 5: Helping a Family Member Kevin's sister is a victim of domestic violence and needs help moving to a new apartment in one day. Kevin takes a personal day (using paid sick leave) to help her move. He tells his employer he's using sick leave for a family member's domestic violence situation. His employer cannot deny this use.

Example 6: Emergency Medical Care Alicia is assaulted by her partner and goes to the emergency room. She misses work that day and the following day while recovering. She notifies her employer she was injured in a domestic violence incident and needed medical care. She uses paid sick leave for both days. Her employer asks for documentation. Alicia provides a hospital discharge summary (with injury details redacted) showing she received treatment on those dates.

Example 7: Safety Planning Meeting Rita meets with a domestic violence advocate for a 2-hour safety planning session during her work day. She uses 2 hours of paid sick leave and notifies her employer she's using sick leave for a domestic violence-related appointment. She does not provide details of her situation. Her employer cannot require more information than confirmation she's receiving services.

Example 8: Retaliation After Disclosure Denise discloses to her supervisor she needs time off for domestic violence court hearings. Her supervisor becomes cold and hostile, makes comments like "I don't have time for drama," and begins writing her up for minor infractions never enforced before. Denise documents everything and files a complaint with HR for retaliation. HR investigates and disciplines the supervisor. Denise keeps documentation in case she needs to file external complaints.

Example 9: Fired After Taking Leave Samantha takes 3 days off to obtain an order of protection and relocate to safety. She provides proper notice and documentation. One week after returning, her employer fires her, claiming "position eliminated." However, the employer immediately posts her job online. Samantha contacts an employment attorney who believes this is retaliation and wrongful termination. She files a lawsuit.

Example 10: NYC Expanded Rights Omar works in New York City for a restaurant with 40 employees. He has 40 hours of safe and sick leave under NYC law (broader than state law). His roommate (who isn't a family member under state law) is a victim of domestic violence, and Omar helps him relocate. Under NYC's broader safe leave provisions, Omar can use paid leave to help his roommate. This might not be covered under state sick leave (which covers family members), but NYC law is more expansive.

Example 11: Confidentiality Violation Keisha tells HR she needs time off for domestic violence court proceedings. HR improperly tells her supervisor the details. The supervisor gossips with coworkers. Keisha's abuser (who knows people at her workplace) learns about the court date through the gossip. This confidentiality violation puts Keisha at risk. She files a complaint against her employer for violating confidentiality protections.

Example 12: Employer Requests Excessive Documentation Marcus takes time off to attend a court hearing. His employer demands a police report with full details of the abuse, photos of injuries, and a notarized statement describing what happened. These requests exceed what's legally required. Marcus provides only a copy of the court notice showing his hearing date. He files a complaint with the Department of Labor when his employer continues demanding excessive documentation.

Example 13: Using FMLA Concurrently Jennifer experiences severe PTSD from domestic violence requiring intensive therapy and time off work. She's eligible for FMLA (her employer has 80 employees). She takes 6 weeks off for mental health treatment. Her FMLA covers the serious health condition. She uses paid sick leave concurrently during the first week. She receives job protection under both FMLA and state domestic violence leave protections.

Example 14: Victim of Human Trafficking Elena escaped a human trafficking situation and is receiving services from a specialized anti-trafficking organization. She needs time off to meet with attorneys, attend therapy, and work with social services to obtain housing and ID. She uses paid sick leave for some appointments and takes unpaid protected leave for others. Her employer must accommodate her needs under domestic violence leave protections (which include human trafficking victims).

Example 15: Abuser Comes to Workplace Tina's ex-boyfriend (subject to an order of protection) shows up at her workplace threatening her. Security calls police. Tina is shaken and leaves work for the rest of the day. She uses sick leave for the remainder of the shift. The next day, she takes time off to meet with her attorney and file a police report for violation of the order of protection. Both absences are protected.

Frequently Asked Questions

Do I have to tell my employer details about the abuse? No. You only need to disclose that you're experiencing a domestic violence situation and need time off for a covered purpose. You don't have to describe what happened or provide evidence of abuse beyond documentation of services you're receiving.

Can my employer fire me for being a victim of domestic violence? No. It's illegal to fire someone for being a victim or for taking protected leave to address domestic violence.

How much time off can I take? The law doesn't specify a maximum. You can take "reasonable time off" based on your circumstances. For paid sick leave, you're limited to your accrued hours (40-56 hours for most workers). Beyond that, you take unpaid protected leave.

Can I lose my job if I need a lot of time off? Employers must provide reasonable time off, but "reasonable" has limits. Extended absences might require FMLA (if you qualify for a serious health condition like PTSD) or negotiation with your employer. Consult an employment attorney if you need extended leave.

What if my employer asks why I need time off? You can say you need time off for a domestic violence-related reason covered by New York law. You don't have to provide details of the abuse.

Can my employer tell my coworkers why I'm taking leave? No. Your employer must keep your domestic violence situation confidential and cannot disclose it to coworkers.

What if I'm afraid my abuser will find out I took time off? Your employer must keep the information confidential. However, explain to HR that you have safety concerns and request they take extra precautions about who has access to the information.

Can I take time off if my family member is the victim? Yes. You can use paid sick leave to help family members experiencing domestic violence, sexual assault, stalking, or human trafficking.

What if my employer doesn't believe me? Your employer can request reasonable documentation (court notices, advocate letters, etc.), but cannot require proof that abuse occurred. If your employer retaliates or refuses protected leave, file a complaint with the Department of Labor or consult an attorney.

Can I use vacation time instead of sick leave? Your employer might allow or require you to use vacation time. However, if you have paid sick leave, you have the right to use it for domestic violence situations. Check your employer's policy.

Related Topics

• New York Leave Laws
• paid sick leave
• wrongful termination in New York
• disability discrimination
• Workplace Sexual Harassment

Legal Disclaimer

This guide provides general information about domestic violence leave in New York and is not legal advice. Domestic violence leave laws interact with other employment laws in complex ways, and your specific situation may have unique factors. If you're experiencing domestic violence, sexual assault, stalking, or human trafficking, prioritize your safety first. For employment law questions, consult a qualified New York employment attorney. Many attorneys offer free consultations.

Domestic Violence Resources:

• National Domestic Violence Hotline: 1-800-799-7233 (24/7 support)
• NYS Domestic Violence Hotline: 1-800-942-6906
• NYC Domestic Violence Hotline: 1-800-621-4673
• National Sexual Assault Hotline: 1-800-656-4673

Need Legal Help? If your employer retaliated against you, fired you, or violated your rights related to domestic violence leave, contact an employment attorney today. Many offer free consultations to review your case.

Your safety is the priority. If you're in immediate danger, call 911.