Employee Rights to Deal With Domestic Violence, Sexual Assault and Stalking
Per the Labor Commissioner's Office, California employers with 25 or more employees are required to provide to new employees upon hire, and to current employees upon request, notice regarding the rights of victims of domestic violence, sexual assault and stalking. The new law was effective July 1, 2017 and is intended to provide covered California employees with information about their rights to:
- Take off time to procure medical attention or services from a domestic violence shelter, program or rape crisis center.
- Take off time to obtain psychological counseling for issues related to domestic violence, sexual assault or stalking.
- Use vacation or personal leave to receive safety planning assistance.
- Take time off to secure a restraining order or other court order to protect the employee and the employee's children from domestic violence, sexual assault and stalking.
- Request and receive a reasonable accommodation to assist them in keeping safe from domestic violence, sexual assault and stalking at work (such as installing locks or changing a shift).
- Take time off for the above reasons, even if you don't have paid leave.
- Be free from retaliation for being a victim of these issues or asserting the right to time off or reasonable accommodation for these reasons.
Per the Labor Commissioner's Office, the required notice should be available in English and Spanish. And because the law requires employers to provide the information as clearly as the state's form notice, it is recommended that California employers use the form notice as soon as possible rather than relying on the information being included solely in an employee handbook.
Affected employees who do not receive the notice in a timely manner could bring an individual or representative claim for penalties under the California Private Attorney General Act for a violation of the Labor Code. Employees can also file a complaint with the Labor Commissioner's Office against their employer if the employee has been a victim of retaliation or discrimination.
To discuss these new notice requirements, or any of California's employment related laws, feel free to contact leading California employment lawyers at Kingsley & Kingsley. Call toll-free at (888) 500-8469 or click here to contact us via email.