Employment Protections for Domestic Violence Victims
If you are a victim of domestic violence, New York State gives you other legal protections.
Unemployment Insurance Benefits for Domestic Violence Victims
If you can show you left your job for “good cause,” you may be able to get cash payments from the state. These unemployment insurance benefits replace part of your salary while you look for a new job.
Note: You cannot get unemployment benefits if you decide to quit your job without good cause.
What is good cause?
Good cause means a good legal reason. It is also called a “compelling reason.”
Domestic violence can be a compelling family reason to leave a job. If staying at your job will put you or a close family member in danger, you may have good cause to quit.
I was fired because of domestic violence. Can I get unemployment benefits?
Maybe. You may have to show proof of the abuse. Proof can be:
- A police report,
- An order of protection, or
- A statement from a professional who helped you and knows how the abuse affected you.
Even if you don’t have proof, you can still apply for unemployment benefits. But you must tell the Department of Labor representative why you do not have proof.
For more information about unemployment insurance benefits and domestic violence, please go to NYS DOL Unemployment Insurance and Domestic Violence Guide and Unemployment Insurance DV FAQs.
For more information about filing an appeal if you are turned down for benefits, please visit the Department of Labor website.
Absences from Work for Victims of Domestic Violence
There are 2 different laws that help victims of domestic violence when they need to be absent from work because of domestic violence.
1. Safe Leave
If you are a victim of domestic violence, family offense, sex offense, stalking, or human trafficking, and ask your employer, they must provide sick leave for you to:
- Get services from a domestic violence shelter, rape crisis center, or other services program
- Participate in safety planning or take other actions to increase the safety of you or your family, including temporary or permanent relocation
- Meet with an attorney or other social services provider to get help or to prepare for court
- Meet with a district attorney’s office
- File a complaint or domestic incident report with law enforcement
- Enroll children in a new school
- Take other actions to ensure the health or safety of you, your family, or your coworkers
For more details go to “NYS Safe Leave“.
2. Reasonable Accommodation
If your employer knows you are a victim of domestic violence, your employer must make reasonable accommodations to allow you to be absent from work for a reasonable time to:
- Get services from a domestic violence shelter, program, or rape crisis center
- Participate in safety planning or take other actions to increase safety from future incidents of DV, including temporary or permanent relocation
- Seek medical attention for DV related injuries for yourself or your child
- Get psychological counseling for yourself or your child related to incident(s) of DV
- Get legal services, help in the prosecution of the offense, or appear in court in relation to the incident or incidents of domestic violence
You must tell your employer of your need to be absent a reasonable time ahead of the absence. If you can’t tell the employer ahead of time, then your employer can ask you to provide a “certification” such as:
- A police report
- An order of protection
- A letter from the court or prosecuting attorney
- A document from a professional providing treatment or counseling to you or your child for physical or mental injuries from the domestic violence.
Note: Your employer does not have to allow you to be absent if it would cause an undue hardship to the employer.
For more information go to NYS Division of Human Rights, Employment Rights for Victims of Domestic Violence or the US Equal Employment Opportunity Commission website’s ADA page.