By: HUB's Absence Management Team

Overview

On May 20, 2025, Senate Bill 5101 was signed into law by Governor Bob Ferguson, expanding Washington's Domestic Violence Leave Act to include protections for employees who are victims of hate crimes. The amended provisions take effect on January 1, 2026. This update outlines the bill's impact on employer obligations and next steps for compliance.

Key Changes to Washington Leave and Safety Accommodation Law

Definition of Hate Crime

New provision: SB 5101 defines "hate crime" as the commission, attempted commission or alleged commission of an offense described in RCW 9A.36.080, which includes:

  • Assault
  • Physical damage to or destruction of property
  • Threats that place a person in reasonable fear of harm

These acts must be committed based on the victim's actual or perceived:

  • Race
  • Color
  • Religion
  • Ancestry
  • National origin
  • Gender
  • Sexual orientation
  • Gender expression or identity
  • Mental, physical or sensory disability

The definition specifically includes offenses committed through online or internet-based communication.

Expanded Reasonable Leave Eligibility

Current law: Employees may take reasonable leave from work for specific purposes if they or their family members are victims of domestic violence, sexual assault or stalking.

Amended law: Expands leave eligibility to include employees who are victims of hate crimes or whose family members are victims of hate crimes. Employees may take leave to:

  • Seek legal or law enforcement assistance related to a hate crime
  • Seek treatment for physical or mental injuries caused by a hate crime
  • Obtain services from social services programs
  • Obtain mental health counseling
  • Participate in safety planning or relocation

Safety Accommodations

Current law: Employers must provide reasonable safety accommodations to employees who are victims of domestic violence, sexual assault or stalking, unless doing so would impose an undue hardship.

Amended law: Extends this requirement to employees who are victims of hate crimes. Reasonable accommodations may include:

  • Transfer or reassignment
  • Modified schedule
  • Changed work telephone number or email address
  • Changed workstation
  • Installed locks
  • Implemented safety procedures
  • Other workplace adjustments

Anti-Discrimination Protections

Current law: Prohibits employers from discriminating against employees because they are victims of domestic violence, sexual assault or stalking.

Amended law: Expands protections to prohibit discrimination against employees because they are victims of hate crimes.

Verification Requirements

Amended law: Maintains existing verification protocols, allowing employees to verify hate crime victim status through:

  • Police reports
  • Court orders or documentation
  • Documentation from advocates, attorneys, clergy or medical professionals
  • An employee's written statement

The law explicitly prohibits employers from requiring information that would compromise an employee's safety or that goes beyond what is necessary to verify leave eligibility.

Next Steps for Employers

Immediate Actions (By December 31, 2025)

  • Review and Update Policies: Revise employee handbooks and leave policies to include hate crimes as a qualifying reason for leave and safety accommodations
  • Update Verification Procedures: Ensure your procedures for verifying leave and accommodation requests include provisions for hate crime-related situations
  • Train HR Personnel and Managers: Educate your team about the expanded protections, verification requirements and confidentiality obligations
  • Revise Notice Materials: Update any employee communications about leave rights to include hate crime provisions
  • Review Paid Sick Leave Policies: Since Washington's paid sick leave law permits use of sick leave for absences that qualify under the Domestic Violence Leave Law, ensure your paid sick leave policy reflects this expansion

Post-Implementation Activities (January 2026 onward)

  • Monitor Compliance: Conduct regular audits of your leave administration processes
  • Document Everything: Maintain thorough records of all notices provided to employees while respecting confidentiality requirements
  • Provide Ongoing Training: Continue training managers to ensure consistent and appropriate application of the policy
  • Stay Informed: Watch for any regulatory guidance or clarifications from Washington state agencies

Additional Considerations

  • This law applies to all Washington employers with one or more employees
  • The law takes effect on January 1, 2026
  • Remember that information provided by employees regarding hate crime victim status must be kept confidential
  • Consider whether your existing safety protocols need to be enhanced to accommodate these new provisions

Additional Resources

For more information regarding Washington leave laws and SB 5101, visit:

If you have any questions, please contact your HUB Advisor. We will continue to monitor and provide updates as more information becomes available. View more Workforce Absence Management updates in our WAM Bulletins page.

Notice of Disclaimer
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.