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)

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:

1. to file for a restraining order or take other actions to protect the health or safety of your family member;
2. 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;

3. 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.;
4. to care for a family member who is recovering from injuries;
5. to prepare for, participate in, or attend a civil, administrative, or criminal legal proceeding; or
6. 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)

If you request a reasonable accommodation, your employer may ask you to provide a written statement signed by you or someone acting on your behalf that certifies that the accommodation you are requesting is allowed under this law. Your employer can also request that you provide certification showing that you or your family member is a victim.¹ If asked for documentation, here are some of the types of documents that you can give your employer:

• a police report showing that you or your family member was a victim of domestic violence, sexual assault, or stalking;
• a court order protecting or separating you or your family member from the abuser, or other evidence from the court or prosecutor that you or your family member appeared in court;
• documentation from a licensed medical professional, domestic violence counselor, counselor for victims of sexual assault, victim advocate, health care provider, or counselor that you or your family member was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence; or
• any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including but not limited to, a written statement signed by you or by someone acting on your behalf certifying that your absence is for a permitted purpose under this law.²

Your employer can also ask you to re-certify your status as a victim or of the ongoing circumstances related to the qualifying act of violence every six months after the date of your last certification. Your employer must keep confidential any verbal or written statement, police or court record, or other documentation that you give him/her to certify your status as a victim. Your employer must give you notice before disclosing your documentation for any valid reason.³

¹ Cal. Gov. Code § 12945.8(e)(7)(A), (e)(7)(B)
² Cal. Gov. Code § 12945.8(c)(2); (e)(7)(B)
³ Cal. Gov. Code § 12945.8(e)(7)(C), (e)(7)(D)

The law doesn’t specifically say that you need to give documentation to your employer, especially if you told your employer ahead of time that you need time off from work.¹ However, it seems reasonable that if an employee asks for time off due to this law, the employer might ask for proof that the time off is for a qualifying reason under this law.

If you take time off without telling your employer ahead of time, providing documentation to explain your absence becomes more important. Again, the law doesn’t specifically say that an employee must provide documentation, but the law does say that if an employee provides documentation, the employer cannot punish or fire the employee.²

To see what types of documents are acceptable to give to your employer, go to What documentation is needed to request a reasonable accommodation?²

¹ See Cal. Gov. Code § 12945.8(c)(1)
² See Cal. Gov. Code § 12945.8(c)(2)

Your employer cannot fire you, threaten to fire you, harass you, put you at a lower-ranked position, suspend you, or punish you in any way for asking for time off, for taking time off, or for asking for reasonable accommodations.¹ 

Also, the law requires your employer to keep your situation confidential. For example, your employer cannot tell your co-workers, your clients, or other employers that you took time off to deal with an act of violence. The employer must also keep private any documents that you gave him/her that relate to your situation. The only exception is if sharing the information is required by federal or state law, or necessary to protect your safety in the workplace. But you must be given notice beforehand.²

¹ Cal. Gov. Code § 12945.8(a)(3), (d), (e)(8), (f)
² Cal. Gov. Code § 12945.8(c)(3), (e)(7)(D)