Rights to Domestic Violence Leave
In the recent past, domestic violence has become an issue of concern in California and many other states throughout the US. Although the law gives a provision for protected time off to domestic violence victims, it has come out clear that only a small number of people are aware of these provisions.
For this reason, a large number of employees are denied their rights. However, some important measures have been put in place, in order to ensure that all employees are aware of their rights with regard to domestic violence leave.
New Bills
One of the crucial steps that have been taken is the signing of the AB 2337 bill by the governor. The bill is primarily formulated to be used in companies with 25 or more employees. This bill is intended to compel the employers to provide information about protected time off for domestic violence victims to all their employees.
All employers are required to avail this information to their employees upon hire and/or any other time that the employee would request. The bill was published and made effective on July 1, 2017, The following provisions are included in the employers’ handbooks with regard to the existing rights of their employees.
New Provisions
To start with, victims of domestic violence are allowed to take time off to obtain medical attention, seek psychological counseling, as well as any other services that are provided in the domestic violence programs. Secondly, employers are required to take any necessary action related to the safety of the employees.
For example, offering temporally shelter or allowing them to relocate. Lastly, all employers should ensure that the managers have a clear understanding of the employees’ rights, have the know-how on how to transmit this information to the human resource officers, as well as ability to handle such serious personal matters.
Personal Leave
Additionally, the bill allows employees to use their personal leave or vacation to seek assistance or plan for their safety. Employees should be given time off to obtain court or restraining order, which is intended to protect them and their families from domestic violence, stalking and sexual abuse. Most importantly, the law states that employees should be allowed to take time off to seek intervention for any domestic violence-related issues even if it means going on unpaid leave.
According to the Labor Commissioner’s office, this notice should be made available in Spanish and English languages. Moreover, employees should file a claim with the California Private Attorney General Act if they fail to receive a timely notice. In case of retaliation, discrimination or denial of domestic violence leave, employees are required to file a complaint against their employers with the Labor Commissioner’s Office.
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