New California Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

As of July 1, 2017, California employers with 25 or more employees must provide written notice to new employees that explain domestic violence, sexual assault and stalking victim rights, which fall under Labor Code Sections 230 and 230.1.

These rights include:

• Employees can take time off to protect their own or their children’s health, safety or welfare to obtain a restraining order or other court order; or to get medical attention, counseling or other services for themselves or their children.
  • Employees may use unpaid or paid leave time, such as vacation, PTO, personal leave or paid sick leave.
• Employers cannot discharge, discriminate or retaliate against any employee who is a victim of domestic abuse, sexual assault or stalking and uses time off.
• All employer-employee interactions must be confidential.
• Employers are required to provide safety measures, which may include a transfer, reassignment, modified schedule, changes in phone numbers/work stations, or locks.
• Employers must inform employees they have a right to file a complaint with the California Division of Labor Standards Enforcement if the employer discriminates against him/her.

Furthermore, the California Labor Commission has posted a sample form employers can use to comply with the new law. Employers may also use their own, but it must be similar to the California-issued version.

Although the notice is not required for current employees, employers must inform them they also have the right to request this information.