Washington Adds Leave for Victims of a Hate Crime

The State of Washington has enacted legislation (Senate Bill 5101), which requires an employer to provide safety accommodations and unpaid leave when an employee or their family member is a victim of a hate crime. Senate Bill 5101 takes effect on Jan. 1, 2026.

The details

Senate Bill 5101 will require employers to provide unpaid leave to an employee or their family member who is a victim of a hate crime. The law defines a hate crime as the commission, an attempted commission, or alleged commission of a covered offense. Note: The law clarifies that covered offenses include those committed through online or internet-based communication.

Background

Washington law requires an employer to provide the following when an employee (or their family member) is a victim of domestic violence, sexual assault, or stalking:

• A reasonable amount of unpaid leave from work to seek legal or law enforcement assistance, treatment or counseling for physical or mental injuries, or social services; and
• Reasonable safety accommodations (absent an undue hardship), such as:

The law also contains nondiscrimination and nonretaliation provisions for actual (or perceived) victim status and when an employee lawfully exercises their rights to leave and accommodation.

Additionally, the Washington Minimum Wage Act allows an employee to use paid sick leave for absences that qualify for leave under the Domestic Violence Leave Law.

Next steps

• Review and update leave policies and procedures by Jan.  1, 2026.
• Train supervisors on the changes to the law.
• Consider consulting legal counsel if you are in a local jurisdiction (such as Seattle, Tacoma, or SeaTac) with a paid sick leave law that may allow employees to use such time for hate crime leave.