Under California state law, you may be protected under this law if you are a victim of:

• domestic violence;
• sexual assault;
• stalking;
• any crime that caused physical injury;
• any crime that caused mental injury with a threat of physical injury; or
• any crime that caused an immediate family member to die. ¹

For the purposes of this law, an “immediate family member” is:

• a child, regardless of age, biological relationship, adoption or foster status, etc.;
• a parent, regardless of biological relationship, adoption or foster status, or legal guardianship, etc.;
• a spouse or domestic partner;
• a sibling, whether biological, foster, adopted, step-sibling, or half-sibling; or
• anyone else whose relationship with you is the equivalent of the family relationships previously listed. ²

¹ Cal.Labor Code § 230(c)
² Cal.Labor Code §§ 230(j)(3); 230.1(g)(3)

A reasonable accommodation is a change at your workplace that will help to keep you safe while you are at work. Some examples of reasonable accommodations include:

• a transfer;
• a reassignment;
• a change in work schedule;
• a change of work telephone;
• a different work station;
• installing a lock;
• help with documenting domestic violence, sexual assault, stalking, or another crime that happens at work;
• putting a safety procedure into effect;
• another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or another crime; or
• referral to a victim assistance organization.¹

If you request a reasonable accommodation, your employer is required to participate in an interactive process with you within a reasonable timeframe to decide what reasonable accommodations would provide for your safety.² Your employer must also consider any emergency circumstances or danger that you are facing when making a decision about reasonable accommodations, but your employer is not required to provide you with an accommodation that would place a significant difficulty or expense (undue hardship) on their business operations.³

¹ Cal.Labor Code § 230(f)(2)
² Cal.Labor Code § 230(f)(4)
³ Cal.Labor Code § 230(f)(5), (f)(6)

Your employer can request certain documentation from you when you request a reasonable accommodation. Your employer may request that you 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.¹ Your employer can also request that you provide certification showing that you are a victim of domestic violence, sexual assault, or stalking.² If asked for documentation, here are some of the types of documents that you can give your employer:

• a police report showing that you were a victim of domestic violence, sexual assault, or stalking;
• a court order protecting or separating you from the abuser or other evidence from the court or prosecuting attorney that you 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 were undergoing treatment or receiving services for physical or mental injuries or abuse due to the crime or abuse; or
• any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by you or by someone acting on your behalf certifying that the absence is for a permitted purpose under this law.³

Your employer can also ask you to re-certify your status as a victim of domestic violence, sexual assault, stalking, or ongoing circumstances related to the crime or abuse every six months after the date of your last certification.⁴ Your employer must keep any verbal or written statement, police or court record, or other documentation that you give him/her to certify your status as a victim of a crime or abuse confidential. Your employer must give you notice before disclosing your documentation for any valid reason.⁵

¹ Cal.Labor Code § 230(f)(7)(A)
² Cal.Labor Code § 230(f)(7)(B)
³ Cal.Labor Code § 230(d)(2)
⁴ Cal.Labor Code § 230(f)(7)(C)
⁵ Cal.Labor Code § 230(f)(7)(D)

The answer depends upon whether or not you told your employer in advance that you were taking off from work. Here are two examples:

Example 1
I told my employer ahead of time that I would need off from work next week, to move to a safe place away from the abuser.

You may not have to provide proof in writing (documentation) that you took off from work to deal with a crime or abuse. If the employer asks for documentation, see the list of documents that you can provide below.

Example 2
I had to take off for two days without telling my employer ahead of time because of an emergency involving a crime or abuse.

In this situation, you will have to provide proof in writing (documentation), to show why you took off from work. If asked for documentation, here are some of the types of documents that you can give your employer:

• a police report showing that you were a victim of the crime or abuse;
• a court order protecting or separating you from the abuser or other evidence from the court or prosecuting attorney that you appeared in court;
• documentation from a licensed medical professional, domestic violence counselor, counselor for victims of sexual assault, health care provider, or counselor that you were undergoing treatment for physical or mental injuries or abuse due to domestic violence, sexual assault, or stalking; or
• any other documentation that shows that the crime or abuse occurred, including a written statement (certification) that you have signed.¹

¹ See Cal.Labor Code §§ 230(d)(2); 230.1(b)(2)

Your employer cannot fire you, threaten to fire you, harass you, put you at a lower-ranked position, suspend you, or punish you in any way for asking for time off, for taking time off, or for asking for reasonable accommodations.¹ Also, the law requires your employer to keep your crime or abuse situation confidential. For example, your employer cannot tell your co-workers, your clients, or other employers that you took time off to deal with a crime or abuse. Your employer also cannot talk about or write about (disclose) the reason for your time off. The employer must also keep private any documents that you give him/her that relate to your crime or abuse situation.²

¹ Cal.Labor Code §§ 230(c), (e); 230.1(a), (c)
² Cal.Labor Code §§ 230(d)(3); 230.1(b)(3)

Your employer cannot fire you, threaten to fire you, demote you, suspend you, discriminate against you in any other way, or retaliate against you because you:

• take time off of work to try to get protections to help ensure your safety;
• are a victim of a crime or abuse; or
• requested reasonable accommodations.

If your employer does any of the above prohibited actions, you will be entitled to get your job back and be reimbursed for any lost wages or work benefits because of your employer’s actions.¹ You are also entitled to seek any other equitable relief you are entitled to, such as other money damages in civil court. If your employer refuses to rehire you, promote you, or restore you to your employment after it has been determined that you are eligible for relief through a hearing or grievance procedure, that employer may be guilty of a misdemeanor.² If your employer has done any prohibited action, you can file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations for up to one year after the violation.³

¹ Cal.Labor Code § 230(g)(1), (2)
² Cal.Labor Code § 230(g)(3)
³ Cal.Labor Code § 230(h)