California Domestic Violence Leave: Support and Protections for Employees
Domestic violence is an unwanted incident in everyone’s lives. At that time, the victims need time to seek legal protection, get necessary relief, and so on. It might be impossible for the employees to continue their regular job at that time. For that reason, California state has implemented California domestic violence leave laws to support and protect the employees. You need to know about these regulations so that you can seek domestic violence leave from your employer in such situations.
Keep on reading to know about California domestic violence leave policy.
Everything you need to know about California Domestic Violence Leave
What is domestic violence leave?
According to California Labor Code 230, all employers with more than 25 employees are entitled to provide unpaid leave to domestic violence victim workers. This time off can be given to the employees for getting restraining orders, medical treatment, or mental health treatment.
Who is eligible for domestic violence leave?
California labor laws state that all employees of California who are victims of domestic violence, sexual assault, or stalking can take time off work as domestic violence leave if their employer has more than 25 employees.
You can take domestic violence leave for:
- Getting a restraining order
- Taking help from a domestic violence shelter or rape crisis center
- Seeking medical treatment from health care provider to attend to the injuries caused by domestic violence
- Attending psychological counselling for domestic violence or sexual assault
- Relocating for safety purposes
How can I request domestic violence leave?
To request unpaid leave under California domestic violence leave policy, you must submit a reasonable advance notice to your employer. If it is not possible, considering the circumstances, you need to submit one of the following certificates when you get back to your job. If you show evidence of being a victim of domestic violence within a reasonable time, your employer can not fire or discipline you for the absence. The documentations are:
- A police report that proves your statement of being a victim of domestic violence.
- A court order or any other type of evidence from the court or your prosecuting lawyer.
- Documentation from a medical professional. It will prove that you were absent because of treatment purposes caused by domestic violence.
What can I do if my employer retaliates against me?
Your employer is not allowed to fire you or show hostile behaviour like harassment or discrimination when you ask for domestic violence leave. If you face retaliation from your employer, contact the California Labor Commissioner’s Office immediately.
Final Words
If you face domestic violence or sexual assault and need time off regular work, you can demand the leave from your employer according to the California domestic violence leave policy. Though it is not a paid leave, you can use any accrued paid leave at that time. Hopefully, this article will help you get domestic violence leave from your employer.
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