At Le Clerc & Le Clerc, LLP, we are dedicated to protecting the rights of employees who need time off or workplace accommodations due to being victims of violence or having family members who are victims. California law grants employees who have experienced violence specific rights to take leave, seek accommodations, and remain protected from retaliation.

Right to Leave After Experiencing Violence

If you or a family member have been affected by violence, domestic violence, sexual assault, stalking, or threats of harm, you have the right to take time off work under certain conditions. Employers with 25 or more employees are required to provide leave for the following reasons:

1. To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim.
2. To seek, obtain, or assist a family member to seek or obtain medical attention for or to recover from injuries caused by a qualifying act of violence.
3. To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
4. To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualified act of violence.
5. To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
6. To relocate or engage in the process of securing a new residence due to the qualifying act, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
7. To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
8. To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying violent action.
9. To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the act of violence.
10. To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.

Duration of Leave

The leave an employee can take depends on the circumstances. If any employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, the employee may take up to 10 days of leave.

If an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave to relocate or engage in the process of securing a new residence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare, the employee may take up to 5 days of leave.

In all other instances, employees can take up to 12 weeks of leave.

Requesting Violence Leave: Process and Certification

To take leave, an employee has to provide advance notice of the employee’s need to take time off. However, advance notice may not always be possible, and the law recognizes this. 

Thus, when an unscheduled absence occurs, an employer cannot take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer supporting the time off. The employer must request the certification.

Certification Requirements

Employees may be required to provide documentation to verify their need for leave. Acceptable forms of certification include:

1. A police report showing that the employee or an immediate relative of that person was a victim.
2. A court order protecting or separating the employee or a family member of the employee from the perpetrator or other documentation from a court or the prosecutor that the employee or a relative of the employee has appeared in court.
3. Documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee or an immediate relative of that person was undergoing treatment or seeking or receiving services.
4. Any other form of documentation that verifies that the violence, domestic violence, sexual assault, stalking, or threat(s) of violent action occurred.

Protections During Violence Leave

California law provides strong protections for employees who take leave due to being victims of violence or having a relative who is a victim. These protections include:

Workplace Accommodations

Employees who are victims of violence or have family members who are victims may also request reasonable accommodations for safety while at work. These may include:

• Changes to work location or contact information
• Adjustments to work schedules
• Increased workplace security measures

Protection from Retaliation

Employers are prohibited from retaliating against employees who take leave, request accommodations, or exercise their legal rights under these laws. Any adverse employment action, such as termination, demotion, or harassment due to taking leave, is unlawful.

Compensation

Employees may use accrued vacation, paid time off (PTO), paid sick leave, or compensatory time off while on leave.

Right to Reinstatement

Employees are entitled to return to the same or a comparable position upon returning to work.

Confidentiality

Employers must keep any information related to the employee’s leave confidential and cannot disclose it without the employee’s consent.

Contact Le Clerc & Le Clerc, LLP

If you believe your employer has violated your rights or if you need legal guidance on requesting leave or accommodations, our experienced employment attorneys are here to help. Contact Le Clerc & Le Clerc, LLP today at 415-943-4689 or send us an email to schedule a consultation.