Carr: Domestic violence workplace rights and protections for Arizonans

Haley Carr

Submitted photo

The impact of domestic violence extends far beyond the relationship, affecting all aspects of daily life, including the workplace. As we acknowledge survivors of domestic violence during Domestic Violence Awareness Month this October, it’s important to discuss the workplace legal protections available under Arizona and federal law that support individuals facing abuse in their journey toward healing and safety.

These protections include (i) job protection while taking leave to attend court proceedings or obtain a protective order; (ii) the right to paid sick leave for certain absences related to domestic violence; (iii) the right to unemployment benefits when a victim is forced to separate from employment due to a documented case of domestic violence and/or (iv) the right to penalty-free distributions from protected retirement accounts for reasons relating to domestic violence.

Domestic violence victims often find themselves in the difficult position of needing to ask for time away from work to attend certain legal or court proceedings related to their abusers.

One Arizona law that applies to employers with 50 or more employees grants victims of domestic violence the right to take leave from work to attend court proceedings or obtain a protective order or injunction against their abuser. A.R.S. § 13-4439. Employees exercising their rights under this law must remember their responsibility to provide the necessary documentation to their employers, including a form from law enforcement and a copy of any court order during the process.

Employers subject to this law are prohibited from terminating, refusing to hire, or discriminating against an employee for exercising this right to leave work. If you’ve worked hard to build seniority or maintain precedence within your company, your protected leave under this law cannot impact that standing or otherwise be used against you.

During the healing process, emotional and financial support is crucial. A separate Arizona law guarantees paid sick leave in certain situations, allowing employees to be paid for their time off due to domestic violence, sexual violence, abuse or stalking. A.R.S. § 23-373(A)(4). This paid leave covers a range of needs to allow individuals facing these situations to prioritize their health without worrying about loss of income.

Whether a victim of abuse is seeking medical treatment, receiving counseling, working with a domestic violence organization, securing safe housing or pursuing legal action related to the abuse, their employer must allow them to use paid leave for these purposes.

In some cases, an employee may feel unsafe staying in their job due to the dangerous situation they are facing. If someone needs to leave their position due to a documented case of domestic violence, another Arizona law ensures eligibility for unemployment benefits. A.R.S. § 23-771(D). This law acknowledges the critical importance of prioritizing the safety of domestic violence victims.

Federal law provides an additional financial protection to victims of domestic abuse by a spouse or domestic partner, granting these individuals early, penalty-free access to certain retirement funds. Under this federal law, victims in Arizona can withdraw funds from their qualified retirement plan without the typical 10% penalty, allowing for early access to up to $10,000 or 50% of accrued benefits. 26 U.S.C. § 72(t)(2)(K). The withdrawal must be made within one year of the abuse, and victims have the option to repay the amount later.

Ultimately, employers must do their part in creating a safe work environment and fostering a supportive culture where employees can seek help while facing the trauma of domestic violence without fear of judgment. In addition to clear workplace policies that protect employees, employers should proactively provide training resources and response strategies regularly to help their team recognize how domestic violence might manifest at work and how to respond understandingly.

This Domestic Violence Awareness Month, it’s important to recognize the legal protections and rights available to survivors in the workplace and how this knowledge can improve access to potentially life-saving assistance.

If you or someone you know is in crisis, the National Domestic Violence Hotline is available at 800-799-7233.

Editor’s note: Haley Carr is an associate attorney at The Foster Group, PLLC, an employment law firm in Phoenix. She serves as counsel for individuals facing unfair treatment in the workplace and as a guide for large businesses that are looking to grow responsibly and uphold their employees. Reader reactions, pro or con, are welcomed at AzOpinions@iniusa.org.