36 | 2025 Cal-Peculiarities ©2025 Seyfarth Shaw LLP www.seyfarth.com proceeding pursuant to a subpoena or court order.68 “Qualifying acts of violence” include domestic violence; sexual assault; stalking; or any act, conduct, or pattern of conduct that includes bodily injury, death, the use of force or threats of force to cause injury or death, or exhibition or use of a firearm or other dangerous weapon— regardless of whether anyone is arrested, prosecuted, or convicted. Employees who take time off to obtain relief as a qualifying act of violence victim should give advance notice unless doing so is not feasible.69 When an unscheduled absence occurs, the employer may not take any adverse action against the employee if the employee, within a reasonable time after the absence, provides a certification of their victim status to the employer upon request by the employer.70 Employers must maintain the confidentiality of employees requesting such leave.71 Employees may use vacation, personal leave, paid sick leave, or other compensatory time off for leave taken to seek relief or serve as a witness. 72 2.7.1 Safety accommodations California employers must engage in a timely, good faith interactive process and provide reasonable accommodations—absent undue hardship—to any employee who is a victim or whose covered family member is a victim of a qualifying act of violence and who has requested an accommodation for the employee’s safety while at work.73 Reasonable accommodations may include, but are not limited to, such “safety measures” as a transfer, reassignment, modified schedule, changed work telephone number, changed work station, lock installation, safety procedure implementation, or assistance with documentation of crimes occurring in the workplace.74 Upon request of the employer, an employee requesting a reasonable accommodation shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under the law.75 The employer also may request certification from an employee demonstrating the employee’s status, or the employee’s covered family member’s status, as a victim.76 The employer, in considering a reasonable accommodation, may require certification of the employee’s continued victim status every six months after the previous certification.77 Any verbal statements or documentation provided to an employer identifying an employee as a victim must be kept confidential and shall not be disclosed except as required by law after giving notice of the authorized disclosure to the employee.78 Employers may not retaliate against employees who seek accommodations regardless of whether the request was granted. 79 “Family members” include a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or a “designated person.” 80 Designated persons may be either related by blood or have an association with the employee that is the equivalent of a family relationship. An employer may limit an employee to one designated person per 12-month period. 2.7.2 Leaves of absence In addition to the leave all employers must provide to employees who are victims of qualifying acts of violence in order to seek judicial relief (see § 2.7), California employers with 25 or more employees must permit employees who are victims (or whose covered family members are victims) of a qualifying act of violence (see § 2.7.1) to take time off work to (1) obtain any relief for the employee or the family member; (2) obtain medical care for injuries; (3) obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization; (4) obtain psychological counseling or mental health services; (5) participate in safety planning and take other actions to increase safety from future qualifying acts of violence; (6) relocate or engage in the process of securing a new residence, including but not limited to, temporary or permanent housing or enrolling a child in a new school or childcare; (7) provide care for a family member victim recovering from injuries; (8) obtain civil or criminal legal services; (9) prepare for, participate in, or attend related legal proceedings; or (10) obtain or provide childcare or care to a dependent adult to ensure their safety as a result of the qualifying act of violence.81 Leave taken for these reasons runs concurrently with leave under the FMLA and/or CFRA if the employee is eligible for and taking leave for a reason covered under the FMLA and/or the CFRA; qualifying act of violence
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