California has enacted legislation (Assembly Bill 2992) that expands domestic violence leave protections to an employee and certain family members who are victims of a crime. Assembly Bill 2992 takes effect January 1, 2021.
Background:
Under Section 230 of the California Labor Code, employers are prohibited from taking adverse action against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work to help ensure their (or their child's) health, safety, or welfare.
Additionally, under Section 230.1, employers with 25 or more employees must also provide up to 12 workweeks of leave in a 12-month period to an employee who is a victim of domestic violence, sexual assault, or stalking for the following purposes:
- To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
- To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
- To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
- To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
Employers must notify employees of their rights under the law in writing. The information must be provided to new employees upon hire and to other employees upon request. The Labor Commissioner publishes a sample notice that employers may use to comply with this requirement.
Assembly Bill 2992:
Assembly Bill 2992 expands the above rights and protections to also cover any employee who is:
- A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury.
- An individual whose immediate family member is deceased as the direct result of a crime.
The law defines immediate family member as:
- Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands as a parent, or a person to whom the employee stood as a parent when the person was a minor.
- A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employee's spouse or domestic partner, or a person who stood as a parent when the employee or the employee's spouse or domestic partner was a minor child.
- A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.
- A biological, foster, or adoptive sibling, a stepsibling, or a half-sibling.
- Any other individual whose close association with the employee is the equivalent of a family relationship described above.
Documentation for Unscheduled Absences:
When feasible, an employee requesting leave under Section 230 and Section 230.1 must provide the employer with reasonable advance notice. Assembly Bill 2992 amends the types of documentation employees may provide to employers to certify their need for leave when advance notice isn't feasible. When an unscheduled absence occurs, any of the following constitutes sufficient certification if provided within a reasonable amount of time after the absence:
- A police report;
- A court order;
- Documentation from a medical professional, victim advocate, healthcare provider, or counselor; or
- Any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee's behalf, certifying that the absence is for a covered reason.
Updated Sample Notice:
The law directs the Labor Commissioner to revise the sample notice by January 1, 2022. Employers are required to use the updated notice once it its published on the Labor Commissioner's website.
Compliance Recommendations:
California employers should review their policies and training to ensure compliance with Assembly Bill 2992 and monitor the Labor Commissioner's website for an updated notice. Please contact your dedicated service professional with any questions.