What You Need to Know About Domestic Violence Leave in California
*Content warning: discussion of domestic violence
Domestic violence is difficult to experience and may require one to leave work to physically and emotionally recover. Here’s everything you need to know about domestic violence leave in California.
If the company an individual works with has more than 25 employees, victims of domestic violence in California are entitled to a certain amount of leave from their place of employment.
Related: Domestic Violence Restraining Orders in California
Taking Time Off After Domestic Violence
Reasons for domestic violence leave may include:
- Obtaining relief from a court,
- Receiving medical care for injuries,
- Getting psychological treatment,
- Participating in safety training,
- Procuring a restraining order, and
- Protecting yourself and/or your child.
An employee can use the accumulated time off as sick or vacation hours. Even if the individual does not have extra time-off hours to spare, California still mandates the right to domestic violence survivors’ time away from work to recover and recuperate.
Obtaining and Adjusting from Domestic Violence Leave
An employer should not require a lengthy explanation or detailed story about the events contributing to a domestic violence leave.
If the company does require proof of the leave of absence, documents to provide the employer with this information may include:
- Police reports,
- Court orders,
- Medical professionals’ reports,
- A victim advocate’s statement, or
- A counselor schedule your appointments with them.
As an employee, you have the right to ask your employer to modify your working environment to create a safer space for you. In California, an employer must work with the survivor to attempt to make reasonable accommodations.
Related: Domestic Violence Laws in California
Alteration requests in a work setting may include:
- Putting in locks,
- Changing the time of your shifts,
- Changing your work phone number,
- Transferring you to a different location of the same company, or
- Keep a record of your locations to protect you.
An employer may ask for a written statement or proof to enact these accommodations. A company cannot disclose who makes the requests and why to other employees.
FAQs about Domestic Violence Leave in California
What defines a domestic violence survivor who is eligible for leave in California?
California classifies survivors as someone:
- Who experiences stalking, domestic violence, or sexual assault,
- Who experiences crime causing physical and/or mental injury, and
- A person whose immediate family member died due to a domestic violence crime.
Does an employer require advanced notice for domestic violence leave?
California does not require an employee to give notice of a domestic violence leave. However, the more advanced notice an employee provides to their employer, the better the company can prepare for your absence.
Can an employer treat me differently if they know about my domestic violence situation?
An employer cannot discriminate or retaliate against an employee due to domestic violence. A company can provide support and compassion, but these emotions should not translate into punishment, decreased challenges, or suspension from activities.
Contact Us
If you or a loved one would like to learn more about Domestic Violence Leave California, get your free consultation with one of our Family Law Attorneys in California today.