In California, an employer with 25 or more employees is prohibited from discharging or in any way discriminating or retaliating against an employee who is a victim of domestic violence or sexual assault because that person takes time off from work for any of these reasons:
- to seek medical attention for injuries caused by the domestic violence or sexual assault
- to obtain services from a domestic violence shelter, program, or rape crisis center as a result of the domestic violence or sexual assault
- to obtain psychological counseling related to an experience of domestic violence or sexual assault
- to participate in safety planning and take other actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation
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The employee must give reasonable advance notice of the intention to take time off, unless advance notice isn’t feasible. When an unscheduled absence does occur, the employer can’t take any adverse action against the employee if the employee, within a reasonable time, gives the employer certification of the reason for the absence. The employer must keep the certification confidential. A certification may take any of these forms:
- a police report that indicates the employee was a victim of domestic violence or sexual assault
- a court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee appeared in court
- documentation from a medical professional or other health care provider, domestic violence or sexual assault victim advocate, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence or sexual assault
Additional Resources:
California Labor Code Section 230.1
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