|
Federal |
Condition |
California |
|
No. |
Required? |
Yes.
California Labor Code Sec. 230 |
|
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? |
Victims of domestic violence and victims of sexual assault who take
time off from work to help ensure his/her health, safety, or welfare, or that of his/her
child by obtaining:
- A temporary restraining order;
- A restraining order; or
- Other court assistance.
In addition, if you have 25 or more employees, you may not discharge or discriminate
or retaliate against an employee who is a victim of domestic violence or sexual assault
and who takes time off to:
- Seek medical attention for injuries caused by domestic violence;
- Obtain services from a domestic violence shelter, program, or rape crisis center
as a result of domestic violence;
- Obtain psychological counseling related to an experience of domestic violence;
- Participate in safety planning and take other actions to increase safety from
future domestic violence, including temporary or permanent relocation.
|
|
N/A |
Reasons for leave? |
Employee or employee's child is a victim of domestic violence or
sexual assault. |
|
N/A
|
Duration? |
Time enough to deal with the needs of the situation. Law does not
allow an employee to take unpaid leave that exceeds the unpaid leave time allowed under
the federal Family and Medical Leave Act. It is not meant to be time off in
addition to what is already permitted under that law. |
|
N/A |
Guaranteed return to work? |
Employee may not be penalized for using this leave, therefore,
employee is guaranteed a return to work if that occurs within the time limits of
the federal Family and Medical Leave Act. |
|
N/A
|
Employer verification? |
Employer can require support for leave request:
- A police report indicating that the employee was a victim of domestic violence;
- A court order protecting or separating the employee from the person who caused
the domestic violence, or other evidence from the court or prosecuting attorney
that the employee appeared in court; or
- Documentation from a medical professional, domestic violence advocate, health
care provider, or counselor that the employee was undergoing treatment for physical
or mental injuries or abuse resulting in victimization from an act of domestic
violence.
|
|
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 leave period.
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. |
