California Victims of Crime Leave

Although violence in the workplace is one area of concern, more often the employee is a victim outside of the workplace but it still becomes a situation that will need employer engagement.

All employers, regardless of size, must allow any employee who is a victim of crime or abuse to take time off from work to attend related legal proceedings, such as obtaining a temporary restraining order. See Below

Examples of a crime victim include, but not limited to:

• Victims of domestic violence
• Sexual assault
• Stalking
• Crimes that cause physical or mental injuries
• Crime causing death of immediate family member

Employers with 25 or more employees must allow time off related to crime or abuse for medical/psychological care, crisis counseling, safety planning or relocation.

Time Off for a Court Proceeding
All employers, regardless of size, are prohibited by law from discharging, discriminating or retaliating against an employee who is a victim of crime who takes time off from work to appear in court to comply with a subpoena or other court order or to serve as a witness in any judicial proceeding.

All employers are subject to the same prohibitions regarding an employee who is the victim of crime or abuse, and who takes time off from work to obtain or attempt to obtain any relief. Relief includes, but is not limited to:

• Temporary restraining order
• Restraining order
• Other court-ordered relief to help ensure the health, safety or welfare of the victim or his/her child

Wage Replacement
Eligible California employees who are victims of domestic violence, sexual assault or stalking can also use any mandatory paid sick leave that they have accrued under the California Paid Sick Leave, otherwise time off is unpaid.

Requesting Leave or Accommodation
Employees who are the victims of crime or abuse may be required to give reasonable advance notice of the intent to take time off, unless notice is not feasible.

The employer cannot take action against an employee for taking an unscheduled absence for this reason if the employee provides a certification of the need for leave to the employer within a reasonable time.

Some examples of reasonable certifications:

• Police report indicating that the employee was a victim of crime or abuse.
• Court order protecting or separating the employee from the perpetrator of the act of crime or abuse.
• Other evidence from the court or prosecuting attorney that the employee has appeared in court.
• Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse due to due to the crime or abuse.
• Any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee's behalf, certifying that the absence is for a purpose authorized under this law.

Employees who are eligible for the California Family Rights Act (CFRA) may be entitled to additional job protection and benefit rights.

Confidentiality
Any documentation, such as a police record or any verbal or written statement that identifies the employee as a victim of crime or abuse must be maintained as confidential. It cannot be disclosed except as required by federal or state law, or as necessary to protect the employee’s safety in the workplace. The employee must be given notice before any authorized disclosure.

Notice Requirements

• All new hires must be given notice of their rights (and current hires upon request).
• The policy should be included in all employee handbooks
• The California regulations are listed on the State Labor Law Poster

Additional resources for your employee
California Victims Right Website

Where to apply for state benefits?

If you need additinal info, please contact the HR experts at Infinium HR.