Can your boss fire you for missing work after a hate crime? Not in this state anymore

A new law shields workers statewide

Washington state workers who fall victim to hate crimes now have the right to take time off without losing their jobs. Gov. Bob Ferguson signed Senate Bill 5101 on May 20, 2025, and the law kicked in on Jan. 1, 2026.

Washington already protected victims of domestic violence, sexual assault, and stalking under its Domestic Violence Leave Act. SB 5101 adds hate crimes to that list, giving victims the same workplace rights.

The law covers every employer in the state, no matter the size.

Workers can take leave to recover

Hate crime victims can now take a reasonable amount of leave from work. They can use accrued sick time or paid time off, or take unpaid leave if they don’t have either.

The law doesn’t set a specific number of days. Instead, it requires employers to allow whatever amount is “reasonable” for the situation.

Workers can also split the time up, taking leave on a reduced schedule or as needed rather than all at once. It’s not a brand-new benefit but an expansion of rights that already existed.

Leave covers legal, medical, and safety needs

The law spells out what workers can use their leave for. They can seek help from law enforcement or prepare for court.

They can get medical treatment for injuries, whether physical or mental.

Counseling tied to the hate crime also qualifies, along with services from shelters, crisis centers, or social services programs.

Workers can even use the time for safety planning or to relocate, whether that move is temporary or permanent. The goal is to give victims space to stabilize their lives.

Family members get the same protection

Workers don’t have to be the direct victim to qualify. The law also covers employees whose family members experience a hate crime.

That includes a spouse, child, parent, parent-in-law, grandparent, or dating partner.

So if a worker’s parent needs help getting medical care or counseling after a hate crime, that worker can take leave to help.

The same rules against employer retaliation apply whether the leave is for the worker or for a family member.

State law defines what counts as hate crime

Under this law, a hate crime means an offense as defined in Washington’s malicious harassment statute.

That covers assault, property damage, or threats driven by bias against someone’s race, color, religion, ancestry, national origin, gender, or mental, physical, or sensory disability.

The definition also includes attempted or alleged offenses, not just completed crimes. Online and internet-based offenses count too.

Workers don’t need a conviction to qualify for leave, just a connection to an offense under the statute.

Employers cannot retaliate against workers

Employers who punish workers for using this leave break the law.

They cannot fire, demote, suspend, or take any other action against someone for taking hate crime leave. They also can’t refuse to hire someone because that person is a hate crime victim.

Beyond that, employers must offer reasonable safety accommodations at work unless doing so would cause serious hardship.

Health insurance must stay in place during the leave, and when workers come back, employers must put them in their old position or one that’s equal to it.

Several forms of proof qualify workers

Employers can ask for verification, but the law accepts a wide range of proof. A police report showing the employee or family member was a victim works.

So does a court order, protection order, or evidence of a court appearance tied to the crime. Documentation from a victim advocate, attorney, clergy member, or medical professional also counts.

Workers can even submit their own written statement confirming they are a victim and that the leave is for a permitted purpose.

Employer must keep records private

Every piece of information a worker shares with their employer about a hate crime stays confidential.

That includes the fact that the worker is a victim, the leave request itself, and any written statements or supporting documents. Workers only need to share enough information for verification.

They don’t have to go beyond that.

If an employer breaks confidentiality rules, the worker can report it to the Washington Department of Labor and Industries.

Lawmakers narrowed the bill before passing it

The original version of the bill went further. It also covered “bias incidents,” which are hostile expressions of prejudice that don’t rise to the level of a crime.

Lawmakers removed that provision during the legislative process. The final version Gov. Ferguson signed covers only hate crimes as defined by state criminal law.

The bill passed the Senate 40-8 and the House 59-38.

State Sen. Javier Valdez of the 46th District was the lead sponsor, backed by 12 Democratic cosponsors.

Hate crime numbers show the need

Washington reported about 477 hate crime incidents in 2024, down from about 576 in 2023, according to the state sheriffs and police chiefs association.

Bias-motivated offenses also fell, from about 746 in 2023 to about 593 in 2024. Race, ethnicity, and ancestry were the most common bias categories, followed by religion.

Advocacy groups say nearly half of violent hate crimes nationwide go unreported. Supporters of the law argue it helps victims stay financially stable while they recover.

Other states are expanding similar protections

Washington isn’t alone. Several states have passed or expanded “safe leave” laws for crime victims in 2025 and 2026.

Alaska’s law, effective July 2025, requires paid sick leave for victims of domestic violence, sexual assault, or stalking.

California broadened its protections in January 2026 to cover victims of a wider range of violent crimes. Connecticut is phasing in safe leave from 2025 through 2027, gradually reaching smaller employers.

Delaware launched paid safe leave through its Paid Family and Medical Leave Program in 2026.

What Washington workers need to know now

The law applies to every employer in Washington as of Jan. 1, 2026. Workers can use their existing paid sick leave for any qualifying absence.

If an employer denies leave or retaliates, workers can file a complaint with the Department of Labor and Industries.

In an emergency, workers don’t need to give advance notice, but they must let their employer know by the end of their first day of leave. The law adds to existing workplace protections and doesn’t replace any of them.

This article was created with AI assistance and human editing.

Read more from this brand:

• Parents of NICU babies in Illinois, take note of this new law
• California Students Form Human Swastika and Post Hitlers Genocide Threat Online
• Pennsylvania finally made hair discrimination illegal — here’s what changed