Cal-Peculiarities: How California Employment Law is Different 2022 Edition

©2022 Seyfarth Shaw LLP  www.seyfarth.com 2022 Cal-Peculiarities | 35 report, court order, or medical documentation . 64 A “victim” protected under this law includes the employee or the employee’s spouse, parent, child, sibling, or guardian . 65 2.7 Crime Victim Accommodation California has created rights for individuals who are victims of domestic violence, sexual assault, or stalking. These individuals not only may need to miss work for victim-related judicial proceedings (see § 2.6.2), but also may have special safety and medical needs. As of 2021, additional victims—those who have experienced other crimes or abuses “that caused physical injury or that caused mental injury and a threat of physical injury,” and those “whose immediate family member is deceased as the direct result of the crime”—are entitled to take time off from work to obtain relief to help ensure the health, safety, or welfare of the victim or the victim’s child . 66 2.7.1 Safety accommodations California employers must engage in an interactive process and provide reasonable accommodations—absent undue hardship—for employees victimized by domestic violence, sexual assault, or stalking who have disclosed that status and who have requested a safety accommodation while at work. Reasonable accommodations may include such “safety measures” as a transfer, modified schedules, changed telephone numbers, and installation of locks. The employer, in considering a reasonable accommodation, may require certification of the employee’s continued victim status . 67 2.7.2 Medical leaves California employers with 25 or more employees must permit employees who are victims of domestic violence, sexual assault, or stalking to take time off work to obtain victim-related services, such as medical attention, psychological counseling, or help in safety plannin g. 68 2.8 Time Off for Good Deeds and Training for Same California employers must allow employees to take leaves of absence to serve as volunteer firefighters, peace officers, and emergency rescue personne l. 69 Also qualifying for leave status is volunteer service with the Civil Air Patro l. 70 Employers with 50 or more employees must also allow temporary leaves of absence to enable employees to engage in fire, law enforcement, or emergency rescue training . 71 Employees subjected to an adverse employment action for taking time off for these reasons can seek reinstatement and recovery of lost wages and work benefits. A willful violation of this law may constitute a misdemeano r. 72 2.9 Voting Leave California employers must post, at least ten days before each statewide election, a notice that employees who lack time to vote during nonworking hours may take paid leave of up to two hours to vot e. 73 This time off to vote should be at the start or end of the regular work shift, whichever allows the most time for voting . 74 2.10 School Parent Leave Employers with 25 or more employees at the same location must grant unpaid leave of up to 40 hours each year to an employee who is a parent to participate in various activities of the parent’s child in grades kindergarten through 12, or at a licensed child care provider . 75 A mong the activities covered are finding and enrolling in school or licensed child care activities, and addressing a school or child-care-provider emergency . 76 “ Child care provider or school emergency” includes a request that the child be picked up from school or child care, an attendance