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What documentation is needed to request a reasonable accommodation?
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)
How much notice do I need to give my employer if I need to take time off from work to deal with an act of violence?
If you have to take time off from work related to an act of violence, you must tell your employer ahead of time unless it is impossible to do so. California law does not say exactly how many days in advance you need to tell your employer – just that you must give “reasonable advance notice.”1 However, it is wise to tell your employer as early as possible.
If you cannot give advance notice, your employer cannot fire you or punish you for taking an “unscheduled absence.” However, within a reasonable amount of time after your absence, your employer may require you to show proof that you were absent for a reason permitted under this law.2 For examples of what types of proof you can give, see Do I need to give my employer documentation if I take time off from work?
Note: It is a good idea to ask your employer in writing for the time off and to keep a copy of the email or letter you wrote and any response from the employer. This way, if the employer denies you the time off, you have some proof that you asked for it in case you decide to bring legal action against the employer for violating the law.
1 Cal. Gov. Code § 12945.8(c)(1)
2 Cal. Gov. Code § 12945.8(c)(2)
Do I need to give my employer any written proof (documentation) if I take time off?
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)
