Rights of Victims of Sexual Assault, Domestic Violence, and Stalking
New Bill Regarding Employer Notifications
In the fall last year, September 14th, 2016, Governor Brown signed a bill that reformed the current law related to California workers who are victimized by domestic violence, stalking, or sexual assault. Currently, workers do have the rights to protected leave from their employers, but the bill makes it a requirement for employers to make their employs aware of this right upon hiring, if they employ 25 or more people.
The problem before this bill was passed was that employees who have been victimized by crimes of this nature were not aware that they could take time off, were often fired for missing days, or deprived themselves of the treatment they needed out of fear of being fired. This new bill requires that upon hiring, and any time after that upon request, this information is shared with employees.
The new bill explicates four types of treatment that are protected, including:
- Medical attention for injuries
- Services from shelters, programs, or crises centers
- Safety planning, including relocation
The bill does require that, if reasonable, an advanced notice be submitted to your employer, but of course this is somewhat flexible. In terms of the kind of leave, that will be determined by the employee’s available vacation or sick time accrued. As an employee, you can use paid time off for the above purposes, but if none are available, the leave will most likely be unpaid.
Our firm can help you in the following regards:
- You have not been notified of these rights upon request
- Unawareness of these rights has led to a fear of being fired
- Unawareness of these rights has led to your lack of care
- You have been fired after being sexually assaulted, stalked, or experiencing domestic violence