Articles

Employers Mandated to Disclose Domestic Violence Leave Rights

July 18, 2017

by Christine H. Long

The California Labor Code provides protected time off to victims of domestic violence, sexual assault, or stalking.  However, according to a study by the Legal Aid Society Employment Law Center, nearly 40% of survivors in the state reported being fired or fearing termination due to intimate partner violence.  Apparently, employees are not aware of their rights to this time off.

To address this issue, AB 2337, which was signed by the Governor last fall, requires employers of 25 or more to provide notice to employees of their rights under the Labor Code to take protected time off for domestic violence, sexual assault, or stalking.  The bill went into effect on July 1, 2017 and requires employers to “inform each employee of his or her rights” upon hire and at any time thereafter upon request. 

The California Labor Commissioner has released a form notice. Employers must immediately begin providing the notice to new hires and to other employees on request. Employers can create their own notice as long as it is substantially similar in form and content to the Labor Commissioner’s version.

The new notice is available here or on the Labor Commissioner’s website.

Further, employers should ensure that managers are trained to forward sensitive issues to Human Resources to address any employee concerns about retaliation for taking the time to address these serious personal matters.

If you have questions, please contact Christine H. Long, Employment Law Department Chair at christine.long@berliner.com or (408) 771-1066.