Effective January 1, 2026, Washington State Senate Bill 5101 (SB 5101) amends the state’s Domestic Violence Leave law to include protections for individuals who are victims of hate crimes. This change broadens the scope of the existing law, extending rights to employees who experience physical or emotional harm due to a hate crime or who are caring for a family member who has been targeted.
Below is a summary of key changes introduced by the bill and the next steps for employers to ensure compliance.
Key Provisions of SB 5101
- Expansion of Protected Categories. SB 5101 adds “hate crime offense” as a qualifying reason under Washington’s existing Domestic Violence Leave law. This aligns hate crime protections with those already afforded to victims of domestic violence, sexual assault, or stalking.
- Definition of Hate Crime. A “hate crime offense” is defined in accordance with state criminal law and includes offenses committed against a person or their property due to the individual’s actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disability.
Next Steps for Employers
To ensure compliance with SB 5101 by the effective date, employers should:
- Review and Update Leave Policies: Revise any policies related to domestic violence leave to reflect that leave and safety accommodations are now available to employees impacted by hate crime offenses.
- Ensure Use of Paid Sick Leave is Permitted: Under Washington’s paid sick leave law, time off for reasons permitted under SB 5101 may also qualify for use of accrued sick leave. Employers should confirm alignment between leave and sick time policies.
- Train HR and Supervisory Personnel: Train staff responsible for administering leave on the new protections to ensure that requests are handled appropriately and confidentially.
- Update Employee Handbooks and Forms: Revise applicable employee handbook language and leave request forms to reflect the expanded eligibility.
- Maintain Confidentiality: Continue to implement strict confidentiality practices when receiving and storing documentation related to a leave request under this law.
