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In recognition of Domestic Violence Awareness month, we provide this reminder of employer obligations and employee rights with respect to employees facing domestic violence and other "qualifying acts of violence" (as defined by law and described in the materials linked below).
- Please be sure to provide this domestic violence notice to employees when hired as well as when an employee requests information or reports that they are experiencing domestic violence.
- Familiarize yourself with this new guidance and model notice for survivors of violence and
family members of victims pursuant to the new California laws that
went into effect on January 1, 2025. Be aware that employers must
provide the information contained in the model notice to workers
when hired, annually, upon request, and any time a worker informs
the employer that they are a victim of violence or the family
member of a victim of violence.
- Victims of violence include victims of domestic violence, sexual assault, stalking, violent threats, acts involving the use or presence of a dangerous weapon, or any violence causing injury
- Direct employees to this resource page published by the Department of
Industrial Relations, and review it to make certain that you are
also familiar with employee and employer rights and
responsibilities, including but not limited to:
- Provide an employee who is a victim of domestic violence with
reasonable accommodations at work to ensure their safety
- Reasonable accommodations can include adjustments to work schedules, transfers or changes in work stations/locations, and implementation of other safety measures.
- Provide time off for legal and medical appointments and
proceedings
- Employers may request documentation to substantiate the employee's or their family member's status as a victim, including a police report, court order, other relevant evidence from the court demonstrating the employee's attendance in court, documentation regarding medical treatment or self-certification from the employee. (However, note that if an employee is using paid sick leave, the paid sick leave rules prohibit requiring documentation as a condition of using paid sick leave.)
- Keep employees' domestic violence status and requests for leave or accommodation confidential to the extent required by law
- Allow employees to use vacation, PTO, and paid sick time during leave for domestic violence and qualifying acts of violence
- Ensure that employees are not retaliated or discriminated against for exercising their rights
- Make sure that employees returning from leave receive all benefits and rights as if they had been continuously employed
- Provide an employee who is a victim of domestic violence with
reasonable accommodations at work to ensure their safety
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
