Domestic Violence Survivors Rights as Employees
Domestic violence does not discriminate. It impacts every race, religion, socioeconomic class, age, disability, occupation, gender, sexual orientation, family type, rural communities, urban communities, and education level. Its economic impact just in the United States is more than $8 billion dollars per year.
Employees who are victims-survivors of domestic violence have rights under Minnesota and federal law. This article focuses on the rights under Minnesota law. Minnesota’s paid sick and safe time (ESST) covers employees who are victims-survivors of domestic violence. One of the six categories that employees can use ESST for is absences due to domestic abuse, sexual assault or stalking of the employee or the employee’s family member. As a reminder, the definition of family member under ESST is extremely broad. An additional reminder is that an employer cannot require the employee to provide documentation of the employee’s use of ESST leave unless the employee has used ESST for more than three consecutive scheduled workdays. A further reminder is that even when an employer can lawfully request documentation, in most cases the employee only needs to submit a written statement that the employee is using or has used ESST for a qualifying purpose. However, if an employee took “reasonable” time off from work to obtain or attempt to obtain an Order for Protection, the Order for Protection statute allows an employer to require verification of such.
Another example of domestic violence victims-survivors rights under Minnesota law is Paid Leave, which will be implemented January 1, 2026. Under Paid Leave, employees who need to take safe leave from work because of domestic abuse, sexual assault, or stalking of the employee or employee’s family member will receive paid leave for receiving medical attention, services from a victim services organization, counseling, relocating, and legal services.
Although Minnesota does not have a separate anti-discrimination protection for survivors of domestic violence, survivors of domestic violence, sexual assault or stalking have rights under other laws. For example, 1) employees who take time of work to obtain or attempt to obtain an Order for Protection; 2) to attend a criminal proceeding because they themselves were victimized, or their spouse or immediate family member was victimized; or 3) if the employee was subpoenaed or requested by the prosecutor to attend criminal proceedings for the victim-employee’s case cannot be discharged, disciplined, threatened, otherwise discriminated against and cannot be penalized regarding the employee’s compensation, terms, conditions, location, or employment privileges for taking time off for doing so.
Additionally, in Minnesota, an employee who quits their job due to domestic abuse, sexual assault, harassment, or stalking of the employee of the employee’s immediate family member is eligible to receive unemployment benefits if they are otherwise eligible to receive them.
Finally, there are additional laws that could apply. One primary example is if the employee has a disability as a result of the abuse that the employee endured. If that is the case then the employer must follow the applicable disability laws, including providing a reasonable accommodation.
Spangler and de Stefano, PLLP advises businesses on a wide range of employment issues.
The material contained herein is for informational purposes only, and is not intended to create or constitute an attorney-client relationship between Spangler and de Stefano, PLLP and the reader. The information contained herein is not offered as legal advice and should not be construed as legal advice.