Description

California Survivors of Violence – Employee Rights Notice

Help satisfy California employee notice requirements with the California Survivors of Violence – Employee Rights Notice. This notice explains important workplace protections for employees who are survivors of qualifying acts of violence or whose family members have experienced qualifying violence.

California law provides eligible employees with protections involving time off, reasonable workplace accommodations, confidentiality, and protection against discrimination and retaliation. Employers must provide employees with notice of these rights as required by California law.

What Is the California Survivors of Violence Notice?

The Survivors of Violence and Family Members of Victims Right to Leave and Accommodations notice was developed by the California Civil Rights Department to inform employees about workplace protections available under California law.

Beginning January 1, 2025, AB 2499 moved and expanded important protections for victims of violence and their family members under the California Fair Employment and Housing Act.

Who Is Protected?

California law provides workplace protections to employees who are victims of a qualifying act of violence and, in applicable circumstances, employees whose family members are victims of qualifying violence.

A qualifying act of violence can include:

Domestic violence
Sexual assault
Stalking
Acts or conduct involving bodily injury or death
Acts or conduct involving a firearm or other dangerous weapon
Acts or conduct involving threats of bodily injury or death

An arrest, prosecution, or conviction is not required for an employee to receive applicable protections.

Which Family Members Are Covered?

Applicable protections can extend to an employee when a qualifying act of violence affects certain family members, including:

Child
Parent
Grandparent
Grandchild
Sibling
Spouse
Domestic partner
Designated person

A designated person can include an individual related by blood or another person whose association with the employee is equivalent to a family relationship, subject to applicable California requirements.

What Time Off May Be Protected?

Depending on the circumstances and size of the employer, eligible employees may be entitled to protected time off for purposes related to a qualifying act of violence.

Protected activities can include:

Obtaining or attempting to obtain a restraining order or other court relief
Participating in civil or criminal legal proceedings
Obtaining medical care
Obtaining mental health services
Receiving services from a domestic violence shelter, rape crisis center, or victim services organization
Participating in safety planning
Relocating or securing new housing
Enrolling children in a new school or childcare facility
Obtaining legal assistance
Providing care to certain family members affected by violence

How Much Leave May an Employee Take?

Applicable leave depends on the employee's circumstances and the reason for the leave.

Under California's current protections, an employee who is a victim of a qualifying act of violence or whose family member died because of a qualifying act of violence may be entitled to up to 12 weeks of protected leave for qualifying purposes when the applicable requirements are satisfied.

An employee taking leave because a living family member experienced a qualifying act of violence may be subject to a lower leave limit. Different limits can also apply when leave is taken specifically to help a family member relocate.

Which Employers Are Covered?

Some protections for survivors of violence apply broadly to California employers, while certain leave protections apply to employers with 25 or more employees.

Employers should review the applicable California requirements before determining which leave, accommodation, discrimination, retaliation, and notice provisions apply to their workforce.

Reasonable Safety Accommodations

California employees who are victims of qualifying violence or whose family members are victims may have the right to request reasonable workplace accommodations to help protect their safety while at work.

Depending on the circumstances, accommodations can include workplace safety measures or adjustments that help protect an employee from a person who committed or threatened a qualifying act of violence.

Employers must engage in the applicable interactive process and provide reasonable accommodations unless doing so would create an undue hardship.

Protection Against Discrimination and Retaliation

California law protects employees from discrimination and retaliation because they or an applicable family member experienced a qualifying act of violence or because the employee exercises rights protected by law.

Employers may not unlawfully discharge, discriminate against, or retaliate against an employee for requesting or taking qualifying leave, requesting a reasonable accommodation, or exercising other protected rights.

Can Employees Use Paid Sick Leave?

Employees may be able to use available California paid sick leave, vacation, personal leave, or other available paid time off for qualifying absences related to violence.

Depending on the circumstances, protected leave may also run concurrently with leave available under the federal Family and Medical Leave Act or California Family Rights Act when the employee qualifies for those protections.

When Must Employers Provide the Notice?

California employers must provide the applicable Survivors of Violence employee notice:

At the time of hire
Annually to employees
Whenever an employee requests the notice
When an employee informs the employer that the employee or a family member is a victim of a crime or qualifying act of violence

Is This a Required Workplace Poster?

This is primarily an employee notice requirement rather than a traditional workplace posting requirement.

California employers must provide the required information directly to employees at the times specified by law. Simply displaying the notice in the workplace should not be treated as a substitute for providing the required notice directly to employees.

What Languages Are Available?

The California Civil Rights Department provides the Survivors of Violence notice in numerous languages.

Employers should consider applicable employee language requirements and use an appropriate current version of the notice for their workforce.

Who Enforces These Protections?

The California Civil Rights Department (CRD) enforces the workplace protections established under the Fair Employment and Housing Act for survivors of qualifying acts of violence and applicable family members.

Employees who believe their rights have been violated can contact CRD for information concerning their rights and the complaint process.