©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 285 LC § Description Penalty 230(c) Domestic Violence/Sexual Assault/Stalking Leave. Employers must not discharge or discriminate or retaliate against victims of domestic violence, sexual assault, or stalking for taking time off from work to seek relief to help ensure health, safety, or welfare of victim or victim’s child, and must permit employees on such leave to use otherwise available vacation, personal leave, or compensatory time off, unless otherwise provided by CBA. Where possible, employees must give reasonable advance notice. Employers must not take action on basis of unscheduled absence if employee completes certification as set forth in section 230(d)(2)(A)-(C). Employers must engage in the interactive process and provide reasonable accommodations for victims of domestic violence, sexual assault, or stalking who request an accommodation for safety while at work. Employers must maintain confidentiality of employees who request leave, to extent required by law. No employee entitlement under this section shall be diminished by any CBA. LC 2699 230.1 Additional Rights for Victims of Domestic Violence / Sexual Assault/Stalking. Employers with 25+ employees must not discharge or discriminate or retaliate against victims of domestic violence, sexual assault, or stalking for taking time off from work to (1) seek medical attention for injuries caused by domestic violence, sexual assault, or stalking, (2) obtain services from domestic violence shelter, program, or rape crisis center as a result of domestic violence or sexual assault, (3) obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking, (4) participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, and must permit employees on such leave to use otherwise available vacation, personal leave, or compensatory time off, unless otherwise provided by CBA. Although employees must give reasonable advance notice where possible, employers must not take action on basis of unscheduled absence if employee completes certification as set forth in section 230(d)(2)(A)-(C). Employers must maintain confidentiality of employees who request leave, to the extent required by law. No employee entitlement under this section shall be diminished by any CBA. This section does not create employee rights to unpaid leave exceeding that permitted by the federal Family and Medical Leave Act. LC 2699 230.2 Crime Victim Leave. Employers must permit a crime victim, and a crime victim’s immediate family member, registered domestic partner, or child of registered domestic partner, to leave work to attend judicial proceedings related to the crime, and must permit employees on the leave to use otherwise available vacation, personal leave, or compensatory time off. Employers must keep the reason for this leave confidential. Employers must not discriminate against employees for taking the leave. LC 2699 230.3 Volunteer Leave. Employer must not discharge or discriminate against employees for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel (which includes an officer, employee, or member of a disaster medical response team sponsored by the state). Exception: employers that are public safety agencies or providers of emergency medical services, where employer determines the employee’s absence hinder public safety or emergency medical services. LC 2699
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