Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits employer punishment for employee leave time that is a result of domestic violence, sexual assault, stalking, or any other crime that resulted in physical or mental injury.

Highlights:

• Prohibits an employer from discharging in any manner or discriminating against an employee for taking time off to serve as required by law on an inquest or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve (Sec. 1).

• Prohibits an employer from discharging in any manner or discriminating or retaliating against an employee who is the victim of a crime, for taking time off from work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding (Sec. 1).

• Prohibits an employer from discharging in any manner or discriminating or retaliating against an employee who is the victim of a crime for taking time off from work to obtain or attempt to obtain any relief to help ensure the health, safety, and welfare of themselves or their child, including, but not limited to (Sec. 1):

• A temporary restraining order;

• Restraining order; or

• Other injunctive relief.

• Requires an employee to give an employer reasonable advance notice of their intention to take time off unless the advance notice is not feasible (Sec. 1).

• Prohibits an employer from discharging in any manner or discriminating or retaliating against an employee who has an unscheduled absence, if they provide in a reasonable amount of time after the absence, certification to the employer of the reason for their absence, including (Sec. 1):

• A police report indicating the employee was a victim;

• A court order protecting the employee from the perpetrator of the crime or abuse;

• Documentation from a licensed medical professional, domestic counselor, sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee was undergoing treatment or receiving services for physical or mental injury or abuse; or

• Any other documentation that reasonably verifies that the crime or abuse occurred.

• Requires an employer provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking who requests accommodation for their safety while at work, including implementation of safety measures, such as (Sec. 1):

• Transfer or reassignment;

• Modified schedule, change in work telephone or work station;

• Installed locks;

• Assistance in documenting domestic violence, sexual assault, stalking, or other crime that occurs in the workplace; or

• Another adjustment to the job structure.

• Specifies that employer shall not be required to provide reasonable accommodation to an employee who has not disclosed their status as a victim of domestic violence, sexual assault, or stalking (Sec. 1).

• Requires that an employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off, or requested or received reasonable accommodation shall be entitled to reinstatement and reimbursement for lost wages and work benefits (Sec. 1).

• Specifies that any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law shall be guilty of a misdemeanor (Sec. 1).

• Defines “victim” to mean the following, including, but not limited to (Sec. 1):

• A victim of stalking, domestic violence, or sexual assault;

• A victim of a crime that caused physical or mental injury; or

• A family member whose immediate family member is deceased as a result of a crime.

• Defines “victim advocate” as an individual whether paid or volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the supervision of a court, law enforcement, or prosecution agency (Sec. 1).

• Prohibits an employer with 25 or more employees from discharging or discriminating or retaliating against any employee who is a victim, for taking time off from work for any of the following purposes, including (Sec. 2):

• To seek medical attention for injuries caused by the crime or abuse;

• To obtain services from a domestic violence shelter, program rape crisis center, or victim services organization as a result of crime or abuse;

• To obtain psychological counseling or mental health services related to an experience of crime or abuse; or

• To participate in safety planning or other actions to increase safety from future crime or abuse.

Full Bill Text