Domestic Violence Leave in California – How Does It Work?

California Government Code 12945.8 (formerly 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.

Meanwhile, employers of any size must let employees use paid sick days who need time to acquire:

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

for themselves or a family member.

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?
• 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?
• Additional Resources

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;
• ensure the welfare and safety of the employee and the employee’s children; and
• help family members who are victims.

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

Employers must provide paid sick days to employees for this purpose. Employers who have 25 or more employees must abide by federal and state laws, which may include providing up to 12 weeks of unpaid leave to victims.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 Civil Rights Department.

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

Additional Resources

For help if you are a victim, refer to the following:

• California Partnership to End Domestic Violence – domestic violence organizations throughout California.
• Getting Help – California Courts – self-help resources provided by the Judicial Branch of California.
• National Domestic Violence Hotline – a 24/7 confidential service that provides support, resources, and referrals for victims of domestic violence, as well as their friends and family, through phone calls, online chat, and text messaging.
• Resources – National Coalition Against Domestic Violence (NCADV) – a non-profit organization that provides support and advocacy for victims of domestic violence, while also working to promote legislation, raise awareness, and collaborate with other organizations to prevent and eliminate domestic violence.
• Rape, Abuse and Incest National Network (RAINN) – the nation’s largest anti-sexual violence organization; it runs the National Sexual Assault Hotline, provides programs to prevent sexual violence, help survivors, and ensure perpetrators are brought to justice through victim services, public education, public policy, and consulting services.

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