Time Off to Attend Legal Proceedings as a Witness or to Seek Relief

Employees can take leave when they are a victim of a qualifying act of violence and need time off to:1

• Appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding or
• Obtain or attempt to obtain any relief to help ensure the health, safety or welfare of the victim or their child.2 Relief includes, but is not limited to:
• A temporary restraining order.
• A restraining order.
• Other court-ordered relief to help ensure the health, safety or welfare of the victim or their child.3

For purposes of this leave, a "victim" is an individual who suffers a "qualifying act of violence," which is any of the following, regardless of whether anyone is arrested, prosecuted or convicted of committing any crime:

• Domestic violence.
• Sexual assault.
• Stalking.
• An act, conduct, or pattern of conduct in which an individual does any of the following:
• Causes bodily injury or death to another individual.
• Exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
• Uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.

All employers, regardless of size, must provide this leave and are prohibited from discharging, discriminating or retaliating against an employee for taking victims' leave.

Time Off to Attend Legal Proceedings Related to Certain Crimes and Victims' Rights

Employees can take leave when they or a family member are a victim of certain crimes and need to take time off to attend judicial proceedings related to that crime or any proceeding where a right of that person is an issue, including but not limited to:4

• Any delinquency proceeding;
• A postarrest release decision;
• Pleas;
• Sentencing;
• Postconviction release decision, or;
• Any proceeding where a right of that person is an issue.

For purposes of this leave, the law defines “victim” differently than those taking leave to attend legal proceedings to seek relief or appear in court as a witness. To take this leave to attend legal proceedings related to certain crimes or any proceeding where a right of that person is an issue, the employee or their family member must be either:5

• A victim of one of the following crimes:
• Violent felony;
• Serious felony; or
• Felony theft or embezzlement.

OR

• A person who suffers direct or threatened physical, psychological or financial harm as a result of the commission or attempted commission of any of the following crimes or delinquent acts:
• Vehicular manslaughter while intoxicated;
• Felony child abuse likely to produce great bodily harm or death;
• Assault resulting in the death of a child under eight years of age;
• Felony domestic violence;
• Felony physical abuse of an elder or dependent adult;
• Felony stalking;
• Solicitation for murder;
• A serious felony, such as kidnapping, rape or assault;
• Hit-and-run causing death or injury;
• Felony driving under the influence causing injury; or
• Specified sexual assaults.

For purposes of this leave, “family members” include:

• A child; parent; grandparent; grandchild; sibling; spouse or domestic partner, as those terms are defined under the California Family Rights Act (CFRA); or
• A “designated person,” which is any individual related by blood or whose association with the employee is the equivalent of a family relationship. The employee may identify the designated person at the time they request leave. You may limit an employee to one designated person per 12-month period for purposes of victims' leave.

Requesting Leave to Attend Legal Proceedings

The law doesn't include a notice requirement when employees take leave to appear as a witness.6

Employees who are victims taking time off work to seek relief or to attend legal proceedings related to specific crimes may be required to give reasonable advance notice of the intent to take time off, unless notice is not feasible.7

The employer cannot take action against an employee for taking an unscheduled absence for these reasons if the employee provides a certification of the need for leave to the employer within a reasonable time.8

This certification may be any of the following:9

• A police report indicating that the employee was a victim.
• A court order protecting or separating the employee from the perpetrator of the qualifying act of violence.
• Other evidence from the court or prosecuting attorney that the employee has appeared in court.
• Documentation from licensed medical professional, domestic violence counselor, sexual assault counselor, victim advocate, licensed health care provider or counselor that the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
• Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this law.

• Employers may not require supporting documentation from employees seeking to use paid sick leave under California’s Healthy Workplace, Healthy Families Act. Because employees may use accrued paid sick leave for victims leave, employers should exercise caution and consult legal counsel before taking any adverse action against an employee for failure to provide documentation.

Employers must maintain the confidentiality of any employee who requests leave as a result of a qualifying act of violence.

Employees' Use of Accrued Time Off During Victim's Leave for Legal Proceedings

Victims' leave to attend legal proceedings is unpaid. Employees may, however, use any vacation, personal leave, paid sick leave or other time off available to them for the purpose of victims' leave.10 This includes using paid sick leave provided under California's Healthy Workplace Healthy Families Act, the state's paid sick leave law.11 For more information about paid sick leave usage, see Paid Sick Leave - Permissible Usage.

1. Gov. Code sec. 12945.8(a)(2)