What are the procedures for using Domestic Violence Victim Leave in California?

California law allows eligible employees who are victims of domestic violence, sexual assault, or stalking to take job-protected time off for specific safety and recovery purposes. Here are the steps to use this leave: Step 1: Determine Your Eligibility and Need First, confirm your employer has 25 or more employees, as this specific leave law (Labor Code 230.1) applies to them. You can use the leave if you are a victim and need time off to seek medical attention, obtain services from a domestic violence shelter, receive counseling, engage in safety planning, or get a restraining order. Step 2: Give Notice to Your Employer You must provide your employer with reasonable advance notice of your need for leave. If an emergency or unscheduled need arises, notify your employer as soon as it is practical. This notice can be verbal or in writing, but a written request (like an email) is best for documentation. You do not need to provide extensive details about the incident itself, only the need for leave for a qualifying reason. Step 3: Provide Certification if Requested If your employer requests it, you must provide documentation that certifies your need for leave. This must be provided within a reasonable time after the absence. Acceptable documents include a police report, a court order (like a restraining order), or a letter from a medical professional, a domestic violence or sexual assault advocate, or a counselor. Step 4: Use Your Paid Leave Benefits This leave is unpaid, but you have the right to use any available vacation, personal leave, or paid sick time you have accrued. Under California's Paid Sick Leave law, you can use your sick days as "Safe Time" for these same qualifying reasons, ensuring you get paid. Inform your employer that you wish to use your available paid leave during your absence. Important details and nuances: Your employer must keep your situation and any documents you provide confidential. They are also prohibited from firing, demoting, or retaliating against you for taking this leave. If your employer has fewer than 25 employees, you may still be entitled to time off as a reasonable accommodation under the Fair Employment and Housing Act (FEHA) or be able to use your accrued paid sick leave. Warnings and limitations: The primary domestic violence leave law only covers employers with 25 or more employees. Remember that the leave itself is unpaid unless you choose to use your accrued paid time off. Failure to provide notice when possible or certification when requested could jeopardize your job protection. This is general information and does not constitute legal advice. For complex situations or if you believe your employer is violating your rights, consult with a qualified California attorney.