Domestic Violence Leave Laws in New York

Federal law does not specifically mandate domestic violence leave. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, permits up to 12 weeks of unpaid, job-protected leave for a qualifying exigency arising from a family member's active military duty or for the worker's own serious health condition, which could theoretically encompass some domestic violence-related needs like obtaining medical care or legal assistance, but this is not a primary purpose of FMLA. The Violence Against Women Act (VAWA), 34 U.S.C. § 12291, provides criminal protections and victim services funding but does not create a private right of action for employment discrimination or employment-related leave entitlements.

The EEOC enforces Title VII and has recognized that discrimination based on domestic violence status can constitute sex discrimination under limited circumstances, but this is narrow. Most domestic violence protections come from state law. Employers with 50+ employees are covered by FMLA; smaller employers have no federal domestic violence leave obligation.

New York Labor Law section 740 provides significantly broader protection than federal law by explicitly mandating domestic violence leave as an independent legal right. The statute covers employees who are victims of domestic violence, harassment, sex offense, or stalking (or whose family or household members are victims) and allows them to take up to 10 days per calendar year for purposes including seeking medical attention, obtaining legal assistance, securing housing, pursuing protective orders, counseling, or temporary relocation.

Unlike federal FMLA, which requires 50+ employee employers and 12 months of tenure, New York Labor Law section 740 applies to all employers with four or more employees, regardless of tenure. This makes the protection available to many more workers, including part-time and newly hired employees. Section 740(2) permits the leave to be paid or unpaid depending on the employer's policy or an agreement with the employee; many employers opt for paid leave.

The statute further requires reasonable notice "as soon as practicable" but permits emergency circumstances to excuse notice requirements entirely. Section 740(5) explicitly prohibits employers from discharging, threatening, penalizing, or otherwise retaliating against an employee for exercising domestic violence leave rights. Additionally, New York Executive Law section 296 makes discrimination based on domestic violence status an unlawful discriminatory practice, meaning an employer cannot refuse to hire, fire, or otherwise discriminate against someone because of domestic violence history.

New York's approach is substantially stronger than federal law because it proactively recognizes that domestic violence is a workplace issue requiring affirmative leave rights, rather than treating it only as a potential qualifier under a general medical leave statute. Remedies under state law include reinstatement, back pay, damages for lost wages and benefits, and attorney's fees.

Domestic violence leave under New York Labor Law section 740 does not apply to employers with fewer than four employees, though the discrimination prohibition under Executive Law section 296 may still apply. The statute provides an exception where the employee's conduct placing them in domestic violence danger was unlawful (e.g., the employee was engaged in criminal activity that led to the violent situation), though courts interpret this narrowly.

Employers may require reasonable documentation to verify that leave was taken for a qualifying purpose, though New York law forbids employers from demanding specific proof of domestic violence itself or victim status. Documentation can include police reports, court orders, medical records, or statements from a counselor, but the employee cannot be forced to disclose that abuse occurred.

The leave right is not unlimited—it is capped at 10 days per calendar year, after which no additional leave is required. If an employee exhausts 10 days, they may still be entitled to unpaid leave under FMLA (if the employer has 50+ employees) or other state protections, but Labor Law section 740 itself provides no further entitlement.

Employers are not required to pay for leave if there is no agreement or policy making it paid, though many do. However, employers cannot penalize employees for taking unpaid leave or condition the availability of leave on whether it is paid or unpaid. Additionally, domestic violence leave is not a substitute for other leave the employee may be entitled to; if an employee's situation also qualifies for medical leave under state or federal law, the employee may be entitled to both.

The statute does not apply to self-employed individuals. Employees on call or temporary contracts are covered if they meet the four-day employment threshold.

Step 1: Document Everything. Keep detailed records of when you needed to take leave for domestic violence purposes and what those purposes were (medical appointments, legal consultation, police report filing, temporary relocation, court appearances for protective orders, counseling sessions). Do not disclose to coworkers unless necessary; the law protects confidentiality. Save any emails, texts, or communications with HR or management about leave, any adverse actions taken after requesting leave, and any comments made by supervisors or management. Maintain copies of pay stubs showing whether leave was paid or unpaid, any performance reviews or disciplinary records, and dates of any retaliation (demotion, schedule changes, negative reviews following leave request).

Step 2: Follow Internal Complaint Process and Notify Employer. Provide notice to your employer as soon as practicable that you need leave for a qualifying domestic violence purpose. You do not need to disclose abuse details; you may simply state that you need leave due to domestic violence, harassment, sex offense, or stalking. Submit the notice to your HR department or direct manager, preferably in writing (email is acceptable and creates a record). Request confirmation in writing that the leave was approved. If your employer refuses leave, retaliate, or asks improper questions, document this immediately. Check your employee handbook to see if there is an internal complaint procedure; if so, follow it while simultaneously pursuing external remedies.

Step 3: File with the Appropriate Agency. If you are facing retaliation or discriminatory conduct, file a complaint with the New York State Division of Human Rights (DHR) under Executive Law section 296 (discrimination based on domestic violence status) or with the federal EEOC if the conduct also involves sex discrimination. DHR website: www.dhr.ny.gov. File in person, by mail, or online. The complaint must be filed within one year of the discriminatory act. For wage or leave-related violations, you may also file with the New York Department of Labor Wage and Hour Bureau at www.ny.gov/dol or by calling 888-469-7365. Include: your name and contact information, employer's name and address, dates of the leave request and any adverse action, description of the domestic violence-related reason for leave, names of witnesses, and copies of documentation (emails, pay stubs, policy documents).

Step 4: Investigation Process. Once filed, DHR will investigate at no cost to you. The investigation typically takes 60–180 days and includes reviewing your complaint, interviewing you and the employer, requesting employment records and communications, and examining whether the employer's actions violated the law. The employer must provide their version of events and any policy documents. DHR will issue a Determination of Probable Cause or a No Probable Cause letter. If Probable Cause is found, the agency will attempt conciliation (settlement). If that fails, DHR will schedule a hearing before an administrative judge. The Department of Labor's wage and hour investigation follows a similar timeline. You have the right to be represented by an attorney at any stage.

Step 5: When to Consult an Attorney and What Type. Consult an employment law attorney immediately if: (1) you have been fired or demoted after requesting leave, (2) your employer denies you leave outright, (3) your employer demands improper documentation of abuse, (4) you face ongoing harassment or retaliation, (5) you are seeking monetary damages beyond back wages, or (6) you want representation during the agency investigation or hearing. An employment discrimination attorney with experience in domestic violence law is ideal. Many work on contingency (no upfront cost; attorney takes a percentage of recovery). Contact the New York State Bar Association Lawyer Referral Service at 800-342-3661 or visit ifeellaw.com for vetted attorneys. If you cannot afford an attorney, contact the New York Legal Assistance Group (212-577-3300) or a local legal aid office for free representation.