Domestic Violence Leave Laws in Virginia

Federal law does not create a standalone domestic violence leave entitlement. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., may permit unpaid leave for serious health conditions arising from domestic violence if the employee has worked 12 months at a covered employer with 50+ employees. The Violence Against Women Act (VAWA), 34 U.S.C. § 12101 et seq., provides certain protections and requires employers to maintain confidentiality of domestic violence disclosures, but does not mandate paid leave.

The federal Equal Employment Opportunity Commission (EEOC) may investigate retaliation claims under Title VII if domestic violence discrimination intersects with protected class discrimination (e.g., gender-based retaliation). However, no federal statute specifically mandates paid time off for domestic violence victims. States including California, Illinois, and New York have enacted stronger domestic violence leave laws than the federal baseline. The DOL does not enforce a federal domestic violence leave requirement; enforcement falls to state agencies and private litigation.

Virginia Code section 40.1-22.3 is significantly stronger than federal law because it creates an affirmative, state-mandated paid or unpaid leave right. The statute applies to employers with 50 or more employees on the payroll. Virginia's law covers three triggering circumstances: domestic violence, sexual assault, and stalking—broader than FMLA's medical condition framework.

Employees may use leave for diagnosis, treatment, or counseling related to physical, mental, or emotional injuries caused by domestic violence, sexual assault, or stalking. They may also use leave to obtain legal assistance, seek a protective order, relocate, or make childcare or school arrangements. Employees at covered employers are entitled to a minimum of 40 hours of unpaid leave per 12-month period; the law does not prohibit employers from providing paid leave, and many Virginia employers provide both paid and unpaid options.

Section 40.1-22.3:1 explicitly prohibits employers from discharging, threatening, discriminating, or retaliating against employees for requesting or taking domestic violence leave. Virginia's statute of limitations for civil claims is three years from the date of violation. Unlike some states, Virginia does not require employers to maintain strict confidentiality, but employers must not disclose an employee's domestic violence status without consent except as required by law. The Virginia Department of Labor and Industry enforces this statute, and employees may also file civil lawsuits for violations, potentially recovering damages and attorney's fees.

Virginia Code section 40.1-22.3 does not apply to employers with fewer than 50 employees, though such employers may voluntarily provide leave or may be covered by FMLA if they meet federal thresholds. Employers may require reasonable advance notice of leave requests except when an emergency prevents advance notice; the statute does not define 'reasonable' precisely, and disputes are resolved case-by-case.

Employees must use leave for one of the statute's specified purposes—absence for other reasons is not protected. Employees are not required to disclose details of their domestic violence, sexual assault, or stalking to the employer; certification of the qualifying circumstance may be requested but must be reasonable and not intrusive. Employers may require a signed certification from the employee or from a counselor, attorney, law enforcement officer, or medical professional, but cannot require disclosure of the abuser's identity or detailed abuse facts.

Leave is not automatically paid under the statute, though employers may offer paid leave. An employer may request reasonable documentation but cannot mandate disclosure beyond what is necessary to verify the leave purpose. Union employees covered by collective bargaining agreements may have stronger leave rights negotiated separately. Voluntary separation or resignation by an employee after taking leave does not imply the leave was invalid or that the employer breached the law, absent evidence of coercion or retaliation. Employees who falsely claim domestic violence to obtain leave fraudulently are not protected, though burden of proof is high.

Step 1: Document the domestic violence incident, sexual assault, or stalking. Keep a timeline with dates, times, locations, descriptions of incidents, any communications (texts, emails, voicemails), photographs of injuries, medical records, police reports, protective order documents, and names of witnesses. Store copies securely outside your workplace, such as with a trusted friend, family member, or at a domestic violence shelter.

Step 2: Request leave from your employer with as much advance notice as feasible. Provide a written request (email is acceptable) stating that you need leave under Virginia Code section 40.1-22.3 for domestic violence, sexual assault, or stalking. You do not need to disclose specific details; a simple statement such as 'I am requesting leave for a domestic violence-related matter' is sufficient. If your employer requires certification, provide a signed statement from a counselor, attorney, law enforcement officer, or medical professional confirming the qualifying circumstance without unnecessary detail. Keep a copy of your request and any employer response.

Step 3: If your employer denies leave or retaliates, file a complaint with the Virginia Department of Labor and Industry, Wage and Hour Division. Contact them at P.O. Box 12064, Richmond, VA 23241, by phone at (804) 786-2377, or online at www.doli.virginia.gov. Provide your name, employer name and address, dates of the domestic violence incident(s), the leave requested, the employer's response, and any retaliation you experienced. The state agency does not charge a fee. You may also file a civil lawsuit directly in Virginia Circuit Court within three years of the violation without exhausting state agency remedies, though filing with the state agency first may accelerate resolution.

Step 4: The Virginia Department of Labor and Industry will investigate your complaint, contacting your employer for a response. The investigation typically takes 30–90 days depending on complexity. The agency will review your documentation, employer records, and may interview witnesses. If the agency finds a violation, it will issue findings and may negotiate a settlement. If mediation fails, you may pursue civil litigation. Your employer cannot retaliate against you for filing a complaint or participating in an investigation.

Step 5: Consult an employment attorney immediately if you have been discharged, threatened, or significantly retaliated against for requesting or taking domestic violence leave. Virginia employment lawyers can file a civil lawsuit seeking damages for lost wages, emotional distress, punitive damages, and attorney's fees. Many employment lawyers in Virginia work on contingency for domestic violence cases. Contact the Virginia State Bar Lawyer Referral Service at (800) 552-7977 or www.vsb.org to find an employment law specialist in your area.