Who needs the California Rights of Victims of Domestic Violence, Sexual Assault & Stalking Pamphlet?
Employers are required to provide the California Rights of Victims of Domestic Violence, Sexual Assault & Stalking Pamphlet to new employees at time of hire and to existing employees upon request, to inform them of their rights under Labor Code § 230 and § 231.1.
What is covered in the California Rights of Victims of Domestic Violence, Sexual Assault, & Stalking Pamphlet?
The pamphlet, fully titled, “Rights of Victims of Domestic Violence, Sexual Assault & Stalking, Crimes that Cause Physical Injury or Mental Injury, and Crimes Involving a Threat of Physical Injury; and of Persons Whose Immediate Family Member is Deceased as a Direct Result of a Crime” describes the rights of employees who are victims of crime or abuse to take time off from work for specified purposes to protect themselves and their children’s health, safety, or welfare.
Who is covered? An employee is covered if he/she:
- works for an employer with 25 or more employees, and
- is a victim of crime or abuse, or whose minor child is a victim.
What is covered? A covered employee is entitled to take time off from work to:
- get medical attention for physical or mental injuries caused by crime or abuse;
- receive services from a domestic violence shelter, program, rape crisis center, or a victim services organization or agency;
- receive psychological counseling or mental health services related to an experience of crime or abuse; or
- participate in safety planning and take o her actions to increase safety from future crime or abuse.
How are covered employees protected?
- An employee can use available any accrued and available accrued paid sick leave or vacation, personal leave, or compensatory time off, or take unpaid time off while seeking covered services.
- An employee should give their employer advance notice before taking time off but cannot be discriminated or retaliated against if the employee can subsequently provide proof that the time off was used for a covered purpose (i.e., doctor’s note, court order, or employee’s own written statement).
- An employee has the right to reasonable workplace accommodations to ensure the employee’s safety at work (i.e., new phone number, door locks, shift changes, or transfers).
- An employee is protected from discrimination or retaliation because the employee is a victim, because the employee asked for time off, or because the employee requested help or changes in the workplace from their employer.
- An employee can file a compliant for retaliation or discrimination against their employer and obtain more information from the Labor Commissioner’s Office, using the contact information provided.