New Employer Required Disclosures Regarding Leave Protections for Victims of Domestic Violence

On September 14, 2016, Governor Brown signed into law Assembly Bill 2337 thus amending California Labor Code section 230.1. The amendments make it illegal for an employer with 25 or more employees to discharge, or in any manner discriminate or retaliate against, an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of the following purposes:

1. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking;
2. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking;
3. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; or
4. 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.

The employer cannot take any action against an employee with an unscheduled absence if, within a reasonable time after the absence, provides a certification to the employer in the form set forth in Labor Code section 230(d). The new law requires employers to inform each new employee, and upon request of an existing employee, of their rights under the Section 230.1. The Labor Commissioner is required to develop a form that an employer may use to comply with the notice requirements. Until the Labor Commissioner posts the form on the Commissioner’s Internet Web site, employers will not be required to comply with the notice requirements set forth in Section 230.1.

We do not know the Labor Commissioner’s time schedule for completion of the form. In the interim we suggest you seek legal help to amend Employee Handbooks and put in place procedures to comply with Section 230.1.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.