Washington State to Require Unpaid Leave for Hate Crime Victims

Effective Jan. 1, Washington state Senate Bill 5101 will require employers to provide leave and safety accommodations to employees who are victims of a hate crime or have a family member who is a victim of a hate crime.

Under Washington’s existing Domestic Violence Leave Law, which applies to all Washington employers with one or more employees, an employee who is a victim or a family member of a victim of domestic violence, sexual assault, or stalking may take a reasonable amount of unpaid leave from work for reasons such as seeking legal or law enforcement assistance, treatment or counseling for physical or mental injuries, or social services. 

Absent undue hardship, employers must also provide reasonable safety accommodations, which may include a transfer, reassignment, modified work schedule, new work telephone number or email address, or other adjustments. The law also includes protection from discrimination and retaliation relating to actual or perceived victim status, as well as the exercise of rights to leave and accommodation. 

HR Q&A: How to Help a Suspected Victim of Domestic Violence

Beginning Jan. 1, the law will also cover victims of a hate crime, which is defined as the commission, attempted commission, or alleged commission of 1) assault, 2) physical damage to or destruction of property, or 3) threats that place a person or group of people in reasonable fear of harm to person or property. According to the law, a hate crime is committed based on actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression, gender identity, mental disability, physical disability, or sensory disability. For purposes of leave and accommodation, hate crimes explicitly include offenses that are committed through online or internet-based communication.

The amendment will also effectively expand the reasons for which employees may use paid sick leave under the Washington Minimum Wage Act, which permits the use of paid sick leave for absences that qualify for leave under the Domestic Violence Leave Law. However, it is not clear if the same will be true for municipal paid-sick-leave laws in Seattle, Tacoma, and SeaTac, which explicitly permit the use of paid sick leave for reasons related to domestic violence, sexual assault, or stalking.

Recommendations for Employers

Washington employers should review their existing policies on domestic violence leave and accommodations to incorporate victims of hate crimes by the Jan. 1 effective date. Employers should also review and, if necessary, revise their paid-sick-leave policies to comply with the Washington Minimum Wage Act to include the use of paid sick leave for absences that qualify under the expanded Domestic Violence Leave Law. 

Deidra A. Nguyen is an attorney with Littler in San Diego and Seattle. Nina Stroescu is an attorney with Littler in Seattle. © 2025 Littler. All rights reserved. Reposted with permission.