Domestic Violence and FMLA Coverage

Introduction

Survivors of domestic violence often need time off for safety, court, or healing. Does FMLA cover this? The answer is nuanced.

When FMLA Applies

FMLA **ONLY** applies if the domestic violence results in a **serious health condition**.

• **Physical Injury:** Hospitalization or continuing treatment for injuries.
• **Mental Health:** PTSD, severe anxiety, or depression resulting from trauma (requires mental health provider certification).
• **Caring for Family:** Caring for a child or parent injured by domestic violence.

When FMLA Does NOT Apply

FMLA generally does NOT cover time off solely for: - Seeking a restraining order. - Meeting with a lawyer. - Moving to a shelter. - Court appearances (unless medically necessary).

Better Options: SAFE Leave Laws

Many states have specific **"SAFE Leave"** laws designed exactly for this. These laws often cover court dates, relocation, and safety planning.

**States with Safe Leave include:** California, New York, New Jersey, Washington, Colorado, Florida, and many more.

Conclusion

If you are injured or suffering mental trauma, FMLA applies. For legal/safety logistics, look to your state's Safe Leave laws.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. If you are in immediate danger, call 911 or the National Domestic Violence Hotline at 800-799-SAFE.*