domestic violence Archives - UELG

KEY ISSUES REGARDING THE DOMESTIC LEAVE LAWS IN CALIFORNIA

Mike Radvak — Mon, 20 May 2019 16:53:57 +0000

According to the new laws in California concerning the workers, every employee is entitled to a domestic violence leave at any time of the year when such needs arises. When an employee is faced with a domestic violence, they find it very difficult to successfully perform their duties and they therefore need some time to handle their issues comfortably.

Domestic violence is such an hard situation and one needs much time to handle it. As an employee, you may need some medical attention, some time to ensure the safety of your children while at home or just time to settle your domestic disputes with your family and this should not be debated since it is your right to be given time in order to settle such matters.

Where to Report Your Domestic Violence Issues

If you are facing domestic violence threats then you need to inform your employer so as to get time to solve such matters. This could be a hard step to undertake especially if you feel your situation is very confidential but this should not worry you since your employer is required by the law to keep every employee’s personal information confidential and not to reveal it to any other third party. You could decide to approach your human resource personnel in such a case and they would immediately give you some time off your work so as to comfortably solve such issues.

The domestic leave laws apply to every other employee and no any cases of discrimination are accommodated whatsoever. However, the laws may differ for every employee depending on:

Time required to handle the cases

Every employee faces different cases on their domestic violence threats and they may thus require different time plans to handle their cases. This will consequently affect their off work durations.

Reasons for the leave

The domestic violence leave law accommodates a variety of activities for every employee though at times some minor activities may not be covered and thus your reason for the leave has an impact on whether to access the domestic leave or not.

Frequently Asked Questions on the Domestic Violence Leave

1. Some employees wonder type of employees who are eligible for the leave. The clause dies not exclude any employee and therefore accommodates all workers including the part-time workers and the casual employees.

2. When and what notice should to give to the employer is also another issue that worries other employees. Your employer requires a notification on your domestic violence threat when it occurs in order to be given time to handle it.

3.Employees have also questioned on the kind of evidence to provide on such matters. It us important to provide documents maybe from the police unit, the family support services or any other legal document that satisfies that you are a victim of the threat.

If you feel you have a domestic situation that needs to be handled then there is definitely no any reason why you should keep suffering at your work place when you have the chance to settle your issues comfortably. Feel free to inform your employer on your situation and get a domestic leave to easily handle your problems.

How UELG (United Employees Law Group) can help YOU!

If you find yourself in problems with your employer for taking a leave for domestic violence. UELG will be a phone call away.
UELG works with a team of experienced lawyers in professional cases and will take a full picture approach to your case to understand every legal requirement. They will gather as much information as possible and approach your case in all angles and ensure you get the justice required.

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Rights to Domestic Violence Leave

Mike Radvak — Mon, 20 Nov 2017 08:59:23 +0000

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.

Photo Credit: Shutterstock/Lolostock

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What You Need To Know About Domestic Violence Leave In California

Mike Radvak — Mon, 06 Aug 2007 08:42:53 +0000

Domestic violence is common in most homes. You will note that there are several reasons that cause abuse. These include unfaithfulness, mistrust and so forth. Violence at home can make the victims get injured and even die in the process.

This can make such individuals not to be productive in the workplace. This is the reason why these individuals require domestic violence leave. You will realize that issues related to domestic violence, sexual assault and stalking are all over the news.

California basically requires employers to notify employees about rights to domestic violence leave. Although the law provides protected time off to victims of domestic violence, most workers are not aware of these rights.

You will realize that the new bill basically requires the employers to inform each employee of his or her rights upon being hired and any time thereafter upon request.

The following are some of the frequently asked questions about domestic violence leave:

Are employees entitled to domestic violence leave?

Employees who work in California are entitled to domestic violence leave. There is a bill that requires employers to inform all the employees of this right.

When should the employees be notified of this leave?

The employees should be notified about this leave upon being hire and at any time thereafter upon request.

What are the circumstances that can make an employee take a domestic violence leave?

There are several circumstances that can make an employee go on this leave. You will realize that most of these issues will be related to how you relate to your partner. If you normally have conflicts in your family, you are likely to encounter violence in the home. If you have been sexually assaulted, you should take a domestic violence leave.

Once you have encountered violence at home, what should you do?

Once you have encountered abuse, you should seek medical attention for the injuries. You should also consider obtaining services from a shelter, program or rape crisis center. You can also consider going for psychological counseling. In addition, you can participate in safety planning and take necessary action such as temporary or permanent
relocation.

During your leave, you should pursue the above-mentioned activities. This can help your health and get over your problem. Such issues should be forwarded to the Human Resources in order to address any employee concerns about retaliation for actually taking the time to address such serious personal matters. This can help you a great deal.

Photo Credit: Shutterstock/ Kamira

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