Leave for Victims of Domestic Violence or Sexual Assault. A unit member who is a victim of domestic violence or sexual assault, as defined in Section 230.1 of the Labor Code, is entitled to take time off to seek medical attention for injuries, obtain psychological counseling, obtain services from a domestic violence shelter, program, or rape crisis center, or to participate in safety planning to increase safety from future domestic violence or sexual assault. As a condition for taking time off, the unit member shall give the District reasonable advance notice of their intention to take time off for any of the purposes summarized above, unless advance notice is not feasible. When an unscheduled absence occurs, the District may not take any action against the unit member if the unit member, within a reasonable time after the absence, provides certification that the absence is a result of domestic violence or sexual assault, in the form of a police report, a court order, or medical documentation. The District is required to maintain the confidentiality of any employee’s request for time off pursuant to provision of this law. The law does not require the District to compensate the unit member for the time taken off under these circumstances, but the unit member may use vacation, personal leave, or other compensating time off that is otherwise available to the employee.
Leave for Victims of Domestic Violence or Sexual Assault. 1) California state law requires that employees who are the victims of domestic violence or sexual assault be given time off to provide for the health needs, safety, or welfare of themselves or their child. This includes, but is not limited to, time off for medical treatment, psychological counseling, or other domestic or sexual assault victims’ services, safety planning including relocation, or legal proceedings.
2) It is unlawful to retaliate or discriminate in any way against an employee for exercising his or her rights under these laws. California state law also requires, to the extent allowed by law, that confidentiality be maintained regarding such leave.
3) If possible, an employee should provide reasonable notice of time off requested under this Section by submitting a request to his or her supervisor, or the Human Resources Department. When an unscheduled absence related to domestic violence or sexual assault occurs, the supervisor may not take any action against the employee if the employee, within a reasonable time after the absence, provides certification of the reason for the absence. Sufficient certification can be any of the following:
a. A police report indicating the employee was a victim of domestic violence or sexual assault;
b. A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee appeared in court;
c. Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, healthcare provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting from victimization from an act of domestic violence or sexual assault.
4) The employee may use unpaid leave, accrued vacation, compensatory time off, or holiday leave.
