Workplace Protections

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)