|
Federal |
Condition |
California |
|
No. |
Required? |
Yes.
(California Labor Code Sec. 230.2) |
|
Employer Choice |
Paid/Unpaid? |
Employer choice although an employee may use vacation, personal
leave, or compensating time off if it is due, unless otherwise provided by a
collective bargaining agreement. |
|
N/A
|
Applies to? |
Employee who must be absent from work in order to attend judicial
proceedings related to a crime, if the employee is:
- A victim of a crime
- An immediate family member of a victim
- A registered domestic partner of a victim
- The child of a registered domestic partner of a victim
The employee must provide the employer a copy of the notice of each scheduled proceeding that
is provided to the victim by the agency responsible for providing notice. Documentation may
come from any of the following:
- The court or government agency setting the hearing
- The district attorney or prosecuting attorney's office
- The victim/witness office that is advocating on behalf of the victim
|
|
N/A |
Reasons for leave? |
Employee is summoned into court or other legal proceeding related to
the crime committed against the victim. |
|
N/A
|
Duration? |
Whatever time is required by the legal proceeding. This time can be
verified by the employer through copies of court or other acceptable legal documents
showing the employee's requirement to be present. |
|
N/A |
Guaranteed return to work? |
Employee may not be penalized for using this leave, therefore,
employee is guaranteed a return to work at the same position that was left. |
|
N/A
|
Employer verification? |
Employer can require support for leave request as indicated above.
|
|
N/A |
Penalties for failure to comply? |
Employee may file a complaint against the employer with the
Division of Labor Standards Enforcement (DLSE) up to one year after the violation.
Remedies include reinstatement, reimbursement for lost wages and benefits if denied
a leave, and work benefits. Employers who wilfully refuse to rehire, promote,
or otherwise restore an employee as required by a grievance procedure or hearing, are
guilty of a misdemeanor. |
