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EspañolWho is protected under this law?
Under California state law, you may be protected under this law if you or a family member is a victim of a “qualifying act of violence,” which is defined as:
- domestic violence;
- sexual assault under state, federal, or tribal law;
- stalking;
- an act that caused physical injury or death;
- someone using or waving (brandishing) a firearm or other dangerous weapon;
- someone using force, or threatening to use force, that results in physical injury or death.1
For the purposes of this law, a “family member” means:
- a child, which includes a biological child, adopted child, foster child, step-child, legal ward, child of your domestic partner, or a child for whom you stand “in loco parentis;”
- a parent, which includes a biological parent, foster parent, adoptive parent, parent-in-law, step-parent, legal guardian, or other person who stood “in loco parentis” to you when you were a child;
- a grandparent or grandchild;
- a spouse or domestic partner;
- a sibling, whether biological, adopted, step-sibling, or half-sibling; or
- anyone else related to you by blood or whose relationship with you is the equivalent of a family relationship.2
1 Cal. Gov. Code § 12945.8(a)(3), (j)(5), (j)(8)(A)
2 Cal. Gov. Code §§ 12945.8(j)(4); 12945.2(b)(1), (b)(11), (b)(14)
How does this law protect me?
If you are a victim, your employer must allow you to use your vacation days, paid sick leave, personal leave days, or compensatory time so that you can file for a restraining order or take other actions to protect the health or safety of you or your children. Your employer is not allowed to fire you, harass you, discriminate or punish you (retaliate), for taking this time off. This law applies to companies of any size with any number of employees.1
There are additional protections under the law if your workplace has 25 or more employees. See What additional protections are there in larger workplaces? for more information.
Additionally, if you or your family member is a victim, you can ask for reasonable accommodations to help ensure your safety while at work. “Reasonable accommodations” can include:
- a transfer, reassignment, or modified schedule;
- a changed work phone number or permission to carry a phone at work;
- a changed work station;
- installing a lock;
- assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that happens in the workplace;
- implementing a safety procedure, or another adjustment to a job structure, workplace facility, or work requirement; or
- a referral to a victim assistance organization.2
To read about how to request a reasonable accommodation, go to What documentation is needed to request a reasonable accommodation?
1 Cal. Gov. Code § 12945.8(a)(3), (g)
2 Cal. Gov. Code § 12945.8(e)
What additional protections are there if I work in a larger workplace?
For workplaces with fewer than 25 employees, the protections only apply if you are the victim, not if your family member is a victim. The protections are also limited to taking time off to file for a restraining order or other acts to ensure your and your children’s safety.
However, if your employer has 25 or more employees, there are additional protections under the law. If you or your family member is a victim, you are allowed to take time off for the following additional reasons related to the qualifying act of violence:
- to file for a restraining order or take other actions to protect the health or safety of your family member;
- to seek any of the following for yourself or your family member:
- medical attention;
- services of a domestic violence shelter or program, or a rape crisis center;
- psychological counseling or mental health services;
- civil or criminal legal services; or
- to participate in safety planning or take other actions to increase safety;
- to relocate or start the process of doing so, which includes finding temporary or permanent housing, enrolling children in a new school or childcare, etc.;
- to care for a family member who is recovering from injuries;
- to prepare for, participate in, or attend a civil, administrative, or criminal legal proceeding; or
- to seek, get, or provide childcare or care to a care-dependent adult if it is necessary to ensure the safety of the child or dependent adult.1
Your employer can put a 12-week limit on the total amount of leave you can take if you are the victim. If your family member is the victim, not you, and s/he did not die from his/her injuries, the employer can limit the total amount of leave as follows:
- a five-day limit if you take time off for the reason explained above in #3; and
- a ten-day limit if you take time off for any of the other reasons listed above.2
1 Cal. Gov. Code § 12945.8(b)
2 Cal. Gov. Code § 12945.8(i)
