Domestic Violence Leave in California – How Does It Work?

California Labor Code 230 requires all employers with more than 25 employees to provide domestic violence victim leave. This is time off work for victims of domestic violence.

This allows victims time to acquire:

• temporary restraining orders,
• restraining orders,
• mental health treatment,
• medical treatment, or
• time in a domestic violence shelter.

Notifying the Employer

Before an employee is allowed to take leave from work, he or she is required to notify the employer of the domestic violence and the intent to take time off. Employees are required to:

• notify their employer,
• within a reasonable time of the intended leave,
• unless advance notice is not feasible.

Right to Reasonable Accommodation

Once the victim notifies the employer of the intent to take leave, the employer is required to provide “reasonable accommodation” for that time off. This may include:

• changing the employee’s work schedule,
• installing locks on the employee’s door,
• changing work telephone numbers,
• transfer to a different job or different location, or
• other changes which would help protect the employee while at work.

No Retaliation or Discrimination

The employer is not allowed to retaliate or treat the employee differently as a result of taking leave, including:

• wrongful termination,
• failure to promote,
• harassment, and
• discrimination.

Below, our California employment and labor lawyers discuss the following frequently asked questions about domestic violence victims leave for California employees:

• 1. What is domestic violence victims leave?
  • 1.1. Who is allowed to take time off from work?
• 2. Do I have to notify my employer of time off due to domestic violence?
• 3. Does the employer have to provide any accommodations for my leave?
• 4. What if my employer violates the law?

1. What is domestic violence victim’s leave?

Domestic violence victim’s leave is the right to take time off work as the result of domestic violence committed against an employee. The violence does not have to occur while at work.

Time off work is intended to allow the victim time to:

• handle legal matters, like requesting a restraining order;
• seek medical treatment;
• seek mental health treatment; and
• ensure the welfare and safety of the employee and the employee’s children.

This may also include time off to testify against the person who committed the domestic violence.

1.1. Who is allowed to take time off from work?

California Labor Code Section 230 allows all California employees to take leave for domestic violence if their employer employs more than 25 employees. ¹

2. Do I have to notify my employer of time off due to domestic violence?

An employee is required to give his or her employer reasonable advance notice if he or she intends to take time off from work. ² If advance notice is not feasible, it is not required.

If the time taken off work is unexpected or unscheduled, like in a crisis situation, an employer may require certain written documentation. This documentation is meant to indicate the time off was for the reason of domestic violence. Proof can include:

• a police report regarding the incident of domestic violence or sexual assault;
• a court order which separates the employee from the alleged perpetrator, or other documents from the court; or
• documentation from a medical professional such as a doctor, domestic violence advocate, health care provider, or counselor.

An employee is not required to prove that domestic violence has occurred as part of the advance notice.

3. Does the employer have to provide any accommodations for my leave?

Once the victim notifies the employer of the intent to take leave, the employer is required to provide “reasonable accommodation.” This may include:

• changing the employee’s work schedule,
• installing locks on the employee’s door,
• changing work telephone numbers,
• transfer to a different job or different location, or
• other changes that would help protect the employee while at work.

As part of the accommodations, California is unique in that it allows the employer itself to ask for a temporary restraining order on the victim’s behalf.

4. What if my employer violates the law?

If your employer takes an adverse employment action against you as a result of your leave, you can file a complaint with the California Labor Commissioner’s Office.

This process can be complicated, but employment attorneys at the Shouse Law Group will protect you from employment discrimination. ³

Call us for help…

For questions about workplace leave laws in California or to confidentially discuss your case with one of our skilled California employment attorneys, do not hesitate to contact us at the Shouse Law Group.

We have local law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

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