Employer’s Notice Requirements regarding Victims of Domestic Violence

Summary

Employer’s Notice Requirements regarding Victims of Domestic Violence

Text

The Labor Commissioner’s Office 
EMPLOYERS MUST PROVIDE THIS INFORMATION TO NEW WORKERS 
WHEN HIRED AND TO OTHER WORKERS WHO ASK FOR IT 
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 
Your Right to Take Time Off: 
 You have the right to take time off from work to obtain relief from a court, including 
obtaining a restraining order, to protect you and your children’s health, safety or 
welfare. 
 If your company has 25 or more workers, you can take time off from work to get medical 
attention for injuries caused by crime or abuse , receive services from a domestic 
violence shelter, program, rape crisis center, or victim services organization or agency 
as a result of the crime or abuse , receive psychological counseling or mental health 
services related to an experience of crime or abuse , or participate in safety planning 
and take other actions to increase safety from future crime or abuse. 
 You may use accrued paid sick leave or vacation, personal leave, or compensatory 
time off that is otherwise available for your leave unless you are covered  by a union 
agreement that says something different. Even if you don’t have paid leave, you still 
have the right to time off. 
 In general, you don’t have to give your employer proof to use leave for these reasons. 
 If you can, you should tell your employer before you take time off.  Even if you cannot 
tell your employer before hand, your employer cannot discipline you if you give proof  
explaining the reason for your absence within a reasonable time. Proof can be a police 
report, a court order, a document from a licensed medical professional, a victim advocate, 
a licensed health care provider, or counselor showing that you were undergoing 
treatment for domestic violence related trauma, or a written statement signed by you, 
or an individual acting on your behalf,  certifying that the absence is for an authorized 
purpose. 
Your Right to Reasonable Accommodation: 
 You have the right to ask your employer for help or changes in your workplace to make 
sure you are safe at work. Your employer must work with you to see what changes can 
be made. Changes in the workplace may include putting in locks, changing your  shift 
or phone number, transferring or reassigning you, or help with keeping a record of what 
happened to you. Your employer can ask you for a signed statement certifying that your 
request is for a proper purpose, and may also request proof showing your  need for an 
accommodation. Your employer cannot tell your coworkers or anyone else about your 
request.

Your Right to Be Free from Retaliation and Discrimination: 
Your employer cannot treat you differently or fire you because: 
 You are a victim of domestic violence, sexual assault, stalking, a crime that caused 
physical injury or mental injury, or a crime involving threat of physical injury; or are 
someone whose immediate family member is deceased as a direct result of a crime. 
 You asked for leave time to get help. 
 You asked your employer for help or changes in the workplace to make sure you are 
safe at work. 
You can file a complaint with the Labor Commissioner’s Office against your employer if 
he/she retaliates or discriminates against you. 
For more information, contact the California Labor Commissioner’s Office. We can help you by phone at 213-897-6595, or 
you can find a local office on our website: www.dir.ca.gov/dlse/DistrictOffices.htm. If you do not speak English, we will 
provide an interpreter in your language at no cost to you. This Notice explains rights contained in California Labor Code 
sections 230 and 230.1. Employers may use this Notice or one substantially similar in content and clarity. 
Labor Commissioner’s Office Victims of Domestic Violence, Sexual Assault and Stalking Notice 3/2021

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  The Labor Commissioner’s Office EMPLOYERS MUST PROVIDE THIS INFORMATION TO NEW WORKERS WHEN HIRED AND TO OTHER WORKERS WHO ASK FOR IT 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 PER…

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  or phone number, transferring or reassigning you, or help with keeping a record of what happened to you. Your employer can ask you for a signed statement certifying that your request is for a proper purpose, and may also request proof showing your need for an accommodation. Your employer cannot tell your coworkers…