State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2001-025

  DATE:
  June 20, 2001

  TO:
  Employee Relations Officers
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Policy Development Office

  SUBJECT:
  Time Off for Victims of Domestic Violence

  CONTACT:
  Charlotte Gehringer, Personnel Management Analyst
  (916)323-6938
  FAX: (916) 324-9393 
  Email: CharlotteGehringer@dpa.ca.gov


  The purpose of this memo is to notify departments of an 
  addition to existing law regarding time off for an employee 
  who is a victim of domestic violence.
  
  Effective January 1, 2001, Assembly Bill 2357 added Section 
  230.1 to the Labor Code to specify that employers with 25 
  or more employees may not discharge or in any manner 
  discriminate or retaliate against an employee who is a 
  victim of domestic violence, as defined in Section 6211 of 
  the Family Code, for taking time off to seek medical 
  attention for injuries caused by domestic violence, obtain 
  psychological counseling related to an experience of 
  domestic violence, obtain services from a domestic violence 
  shelter, program, or rape crisis center, or to participate 
  in safety planning to increase safety from future domestic 
  violence.
  
  As a condition for taking time off, the employee shall give 
  the employer reasonable advance notice of the employee's 
  intention to take time off for any of the purposes 
  summarized above, unless advance notice is not feasible.  
  When an unscheduled absence occurs, the employer may 
  require the employee to certify that the absence is a 
  result of domestic violence in the form of a police report, a court 
  order, or medical documentation.  An employer would be required to 
  maintain the confidentiality of any employee's request for time off 
  pursuant to provision of this law
  
  The law does not require an employer to compensate an employee for the 
  time taken off under these circumstances, but the employee may use 
  vacation, personal leave, or other compensating time off that is 
  otherwise available to the employee.
  
  An employee whose rights are violated under this section may be 
  entitled to lost wages and reinstatement.  An employer who willfully 
  refuses to reinstate an employee under this section may be guilty of a 
  misdemeanor.  This law also allows an employee to file a complaint 
  with the Division of Labor Standards Enforcement of the Department of 
  Industrial Relations.
  
  This section does not create a right for an employee to take unpaid 
  leave that exceeds the unpaid leave time allowed under, or in addition 
  to the unpaid leave time permitted by, the federal Family and Medical 
  Leave Act of 1993.
  
  The provisions of this bill apply to the State as an employer and to 
  State employees.  The entitlement of any employee under this law shall 
  not be diminished by a collective bargaining agreement.
  
  If you have any questions, please contact Charlotte Gehringer at 
  (916) 323-6938.
  
  
  
  
  Bob Painter, Chief
  Policy Development Office