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Can Domestic Violence Victims Take Leave From Work?

If you are a victim of domestic violence and work in the state of New Jersey, you might be able to take time off from your job so that you can seek legal help, get medical treatment and deal with other issues related to your abuse. Victims of domestic violence often have difficulty with working because they are concerned about the safety of their children and of themselves. It is illegal for employers to discriminate against workers on the basis of the workers’ status of being domestic violence victims or because they need to take time off from work. If your employer has refused your leave request or has discriminated against you because of your status as a victim of domestic violence, contact the employment and discrimination lawyers at Swartz Swidler.

People who are protected under the domestic leave law in New Jersey

In New Jersey, the domestic violence and sexual violence leave law only applies to employers with 25 or more employees. People who are eligible to take domestic violence leave are those who have worked for the covered employers for a minimum of 12 months and have worked a minimum of 1,000 hours during the 12 months that precede when the leave is taken.

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

Informing your employer

If you need to take domestic violence leave from your job, you are required to give your employer notice in writing as soon as it is possible if the need to take the leave is reasonably foreseeable. Your employer may ask you to give documentation of the domestic or sexual violence that you or your family members is facing. The documentation must also show that you took the leave to take care of one of the legally allowable reasons. Employers must accept any of the following types of documentation:

  • Court-issued restraining orders
  • Letter from a prosecutor
  • Conviction documents of your abuser for the domestic violence offense
  • Related medical records
  • Certification from a rape crisis center or a certified domestic violence specialist
  • Other documentation by a social worker, shelter, clergy member or another professional

Confidentiality

Many employees have concerns that their employers may engage in retaliatory actions against them for asking to take time off from work. Under the law, employers are prohibited from demoting, harassing, threatening, firing or engaging in other retaliatory job actions against you because you need to take domestic violence leave.
Your employer is also required to keep the information and records about your need for leave confidential and may not disclose the information unless it is required to do so under federal or state law or with your consent.

Allowed reasons for leave

If you work for a covered employer and are otherwise eligible to take domestic violence leave, you can do so if you are a victim or if your close family member is for any of the following reasons:

  • To attend counseling
  • To get medical care for psychological or physical injuries
  • To obtain services from a victim’s organization
  • To relocate or engage in other steps to improve your future safety
  • To get legal help or to prepare for legal hearings
  • To attend court hearings

Amount of allowed time

Under the law, you are able to take up to 20 days off from work during a 12-month period. The time that you take off from work may count against the time that you are allowed to take off from work under New Jersey’s Family Leave Act or the federal Family and Medical Leave Act.
State insurance programs

If your injuries are serious enough to qualify as a temporary disability, you might be able to receive a partial replacement of your wages while you take leave under New Jersey’s temporary disability insurance program. If you are forced to take time off from work to care for a family member, you might also be able to receive temporary benefits under the state’s family leave insurance program.

Domestic and sexual violence are serious problems that require the victims to deal with many related issues. If your employer has refused your request to take domestic violence leave or has retaliated against you, contact Swartz Swidler today to learn how we might be able to help you.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733