Domestic Violence Leave Laws in Pennsylvania

Federal law does not mandate paid or unpaid domestic violence leave. The federal Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, provides unpaid leave for serious health conditions and family care, and may cover some domestic violence-related absences if the employee is seeking treatment for physical or mental injury caused by domestic violence. However, FMLA applies only to employers with 50 or more employees and requires 12 months of employment and 1,250 hours worked. The FMLA does not explicitly create a standalone domestic violence leave right.

At the federal level, the Violence Against Women Act (VAWA), 18 U.S.C. § 2601 et seq., addresses domestic violence comprehensively but does not impose paid employment leave obligations on private employers. Enforcement of workplace leave rights related to domestic violence falls primarily to state law. The EEOC may address retaliation claims if domestic violence leave denial intersects with discrimination on a protected basis (e.g., gender, disability).

Employers are not federally required to provide paid domestic violence leave, and many states provide stronger protections than federal baseline. The federal government encourages state action on this issue but does not mandate minimum standards.

Pennsylvania's Domestic Violence Leave Law, codified at 43 Pa.C.S. § 6061, is significantly stronger than federal baseline because it explicitly creates a state-mandated right to unpaid leave for domestic violence purposes—a right that does not exist under federal law except indirectly through FMLA's serious health condition provision.

Under Pennsylvania law, an employee of an employer with four or more employees may take reasonable unpaid leave from work to: (1) seek an order of protection (protection from abuse order); (2) seek medical attention, counseling, or other social services related to domestic violence; (3) secure safe housing; (4) make childcare and school arrangements; (5) address legal, financial, or immigration matters related to domestic violence; (6) engage in safety planning; or (7) take other actions necessary for the employee's safety or that of a dependent.

The law applies to employers with four or more employees within Pennsylvania. Unlike FMLA, which requires 50+ employees, Pennsylvania's threshold is lower. There is no requirement that the employee have worked for the employer for any minimum period before exercising this right. The leave is unpaid unless the employer voluntarily provides paid leave or the employee is permitted to use accrued paid time off.

The statute does not specify a maximum number of leave days. Instead, the law requires that leave be "reasonable." Reasonableness is determined on a case-by-case basis depending on the purpose of the leave and the employee's circumstances. Pennsylvania law is materially stronger than federal law because it does not impose a 12-month employment tenure requirement, does not require 1,250 hours of work, and explicitly addresses domestic violence without requiring a medical diagnosis.

Employers must maintain confidentiality of leave requests and may not disclose that an employee has taken domestic violence leave. Employers may require reasonable documentation such as a protective order, police report, medical record, court order, counselor affidavit, or other evidence. Section 6062 explicitly prohibits employer retaliation: an employer may not discharge, threaten, harass, deny a promotion or other benefit, or otherwise retaliate against an employee for taking domestic violence leave or asserting rights under the law.

The Pennsylvania Domestic Violence Leave Law contains several important limitations and exceptions. First, the law applies only to employers with four or more employees; smaller employers are not covered. Second, the leave is unpaid unless the employer voluntarily provides payment or allows use of accrued paid time off. Third, the law does not prohibit employers from requiring reasonable documentation of the domestic violence need—such as a protective order, police report, medical certification, counselor statement, or court order.

Fourth, employees must be employed by the covered employer at the time of the request. Independent contractors and other non-employee workers do not qualify. Fifth, the "reasonableness" standard for leave duration is fact-dependent; an employer may deny leave that is excessive or used for purposes unrelated to domestic violence. Sixth, the law does not override collective bargaining agreements; if a union contract provides different terms, the contract may supersede statutory minimums (though not protections against retaliation).

Seventh, the law does not protect an employee from discharge for poor job performance, attendance problems unrelated to domestic violence leave, or other legitimate non-retaliatory reasons. An employer may still fire an employee for cause, provided the reason is genuinely unrelated to the exercise of domestic violence leave rights. Eighth, the law does not apply to federal employees (covered instead by federal employer domestic violence policies) or to employees of the Pennsylvania state government (who may have separate entitlements). Ninth, employers may require the employee to provide advance notice of leave when feasible, though emergency situations may not permit advance notice.

Step 1 — Document Your Situation: Keep detailed records of all domestic violence-related incidents, dates, and times. If you have obtained a protective order or filed a police report, save copies. Obtain written confirmation from healthcare providers, counselors, lawyers, or social service agencies regarding your domestic violence-related needs and appointments. Document the specific reason for each leave request (e.g., "attending court hearing for PFA order" or "meeting with domestic violence counselor"). Take screenshots or print emails if you communicated leave requests to your employer. Save all employer responses to your leave requests.

Step 2 — Request Leave Internally: Provide written notice to your employer of the leave request if feasible. You may submit a letter, email, or use any internal leave request form. The request need not disclose details of the abuse; you may simply state the purpose generally (e.g., "I am requesting leave for purposes relating to domestic violence"). If emergency leave is needed (e.g., to flee imminent danger), notify your employer as soon as safely possible. Request that the employer acknowledge receipt of your request in writing. Keep copies of all communications. Note the date and time of any verbal requests and follow up with email confirmation. If your employer denies the request or retaliates, document that response immediately.

Step 3 — File a Complaint with Pennsylvania Department of Labor and Industry: If your employer denies reasonable leave, retaliates, or terminates you because of a domestic violence leave request, file a complaint with the Pennsylvania Department of Labor and Industry, Bureau of Workforce Development, Domestic Violence Leave Complaint Unit. Visit the official website at www.dli.pa.gov or call 717-787-3650 for current filing procedures and forms. You may also mail a written complaint to the address listed on the DLI website. Include in your complaint: (1) your name, address, and phone number; (2) your employer's name, address, and number of employees; (3) the date(s) of the leave request(s); (4) the reason(s) for the request; (5) how the employer responded; (6) any retaliatory action taken; (7) the date retaliation occurred; and (8) copies of supporting documentation (emails, protective orders, medical records, witness names). There is no formal statute of limitations codified in the statute; however, document complaints promptly after retaliation occurs. The DLI typically accepts complaints indefinitely but investigates more thoroughly when filed within one year of the adverse action.

Step 4 — Expect the Investigation Process: After filing, the DLI will contact both you and your employer. The agency will request written statements from the employer explaining its position. The investigation typically takes 30-60 days. The DLI may request additional documentation from you, including proof of employment, proof of the domestic violence claim (protective order, counselor letter, etc.), and records of your leave requests. The employer will be asked to produce payroll records, leave policies, and any communications regarding your leave request. DLI investigators may conduct interviews. You are not required to meet the employer during this process. The investigation is conducted administratively and does not involve a public hearing unless you appeal an unfavorable determination.

Step 5 — Consult an Attorney: If the DLI investigation does not resolve the matter favorably, or if you face termination or serious retaliation, consult an employment law attorney licensed in Pennsylvania. You may also consult an attorney immediately after retaliation occurs to preserve evidence and explore expedited remedies. Many attorneys offer free initial consultations. Contact the Pennsylvania Bar Association Lawyer Referral Service (800-632-7529) or visit www.pabar.org/public-services/find-legal-help. An employment law attorney can determine whether you have additional claims beyond the domestic violence leave statute (e.g., wrongful termination, breach of contract, intentional infliction of emotional distress, or discrimination if retaliation intersects with protected status). Attorneys may also pursue civil remedies through court if administrative processes are exhausted.