URGENT CA UPDATE: California Employers Must Provide Written Notice of Right to Take Domestic Violence Leave

California, Employment Law & HR Topics, Forms and Policies, State & Federal Employment Law Updates / By

On September 14, 2016, Governor Jerry Brown signed AB 2337 into law which expands the employer notice requirements regarding domestic violence employee protections provided by Labor Code section 230.1. Despite the protections under current law, many employees remain uninformed about their employment-related rights when it comes to domestic violence. This new bill requires employers in California of 25 or more employees to provide written notice to employees of their rights to take protected leave for domestic violence, sexual assault or stalking.  Employers must inform each employee of his or her rights upon hire and at any time upon request.  The law is now effective as the Labor Commissioner has developed a form that employers may use to satisfy these new notice requirements. The form is available for download at the link below:

http://www.dir.ca.gov/dlse/Victims_of_Domestic_Violence_Leave_Notice.pdf

COMPLIANCE RECOMMENDATIONS

  1. Ensure that the Victims of Domestic Violence Leave Notice is included with new hire onboarding documents provided to employees on their date of hire.

  2. Review handbook policies and ensure that employees’ existing rights to take time off for domestic violence, sexual assault or stalking are adequately set forth. This includes notifying employees that are victims of domestic violence, sexual assault, or stalking that they may take time off from work to (1) seek medical attention for injuries; (2) obtain services from a domestic violence shelter, program, or rape crisis center; (3) obtain psychological counseling; or (4) participate in safety planning and take other actions to increase safety, including temporary or permanent relocation. Employers are prohibited from discharging, discriminating, or retaliating against an employee because of the employee’s known status as a victim of domestic violence, sexual assault, or stalking or for taking domestic violence leave.

  3. Revamp interactive process procedures to include accommodations for victims. Employers may require a signed statement certifying the request is for a proper purpose, and may also request proof showing the need for an accommodation. Re-certification of an employee’s need for accommodation is permitted every 6 months.

  4. Train supervisors and managers on the protections afforded to employees who are the victims of domestic violence, sexual assault or stalking.