Don’t Forget About New Domestic Violence Notice for All New Hires: Updated Information

Jul 27 2017 - Time Off - Gail Cecchettini Whaley

New domestic violence notice requirement applies to all employers.

New domestic violence notice requirement applies to all employers.

All employers now must provide new employees with a written notice about the rights of victims of domestic violence, sexual assault and stalking to take protected time off for medical treatment or legal proceedings. The notice also contains information on victims’ rights to accommodation and protections against discrimination.

As a result of legislation passed last year (AB 2337), this new notice went into effect July 1. The Labor Commissioner developed this form, which can be found in both English and Spanish on the CalChamber website as well as the Labor Commissioner’s website.

Employers must provide this information to:

  • New workers when hired; and
  • Current workers upon request.

Update:  The notice requirement is found in a statute that applies to employers with 25 or more employees, and the legislative history behind this law indicates that the notice requirement was to be applied only to employers with 25 or more employees (see Senate Floor Analyses dated 08/10/16 and Senate Judiciary dated 06/20/16).

We received confirmation from the Labor Commissioner’s office that it interprets the statute to apply to all employers. Since this is the Labor Commissioner’s enforcement position, all employers should provide this notice to new hires.

California Protections

Under California law, all employers must provide victims of domestic violence, sexual assault and stalking with the right to take time off from work to appear in legal proceedings, such as obtaining a restraining order or other court order.

All employers must provide reasonable accommodations for victims of domestic violence, sexual assault or stalking who request an accommodation for their safety while working.

Companies with 25 or more workers must also provide these victims with the right to take time off to seek medical treatment for injuries, services from domestic violence shelters, programs or crisis centers, psychological counseling or safety planning.

Furthermore, California’s mandatory paid sick leave law allows employees to use their accrued paid sick leave when they need time off to appear in legal proceedings or for medical treatment. You can learn more about how paid sick leave can be used in The Who, What, When and How of Mandatory Paid Sick Leave in California white paper (members can access the white paper here).

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

CalChamber can learn more about Domestic Violence, Sexual Assault and Stalking Victims’ Leave in the HR Library. Not a member? See how CalChamber can help you.

Tags :

Leave a Comment