For purposes of this leave, a family member may be 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.”2 A designated person 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. An employer may limit an employee to one designated person per 12-month period for purposes of victims’ leave.

Employers with 25 or more employees must provide leave to employees who are victims of, or who have a family member that is a victim of, a qualifying act of violence to do any of the following:

• Obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
• Seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
• Seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
• Seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
• Participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
• Relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
• To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
• To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
• To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.3

This leave is in addition to the requirements related to time off for legal proceedings.

Requesting Leave for Treatment and Services

The process for requesting time off for treatment or services is the same as requesting time off for legal proceedings seeking relief (e.g., restraining order). Employees must give reasonable advance notice of their intent to take time off, if feasible. Employees who cannot give reasonable advance notice may not be disciplined or discharged if they can provide certification of the need for leave within a reasonable time. The certification may be any of the following:

• A police report indicating that the employee or a family member of the employee was a victim.
• A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
• Documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee or a family member of 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 section.

• If an employee uses mandatory paid sick leave (PSL), you should follow the PSL rules, which do not allow an employer to require documentation as a condition of using PSL. Employers should exercise caution and consult legal counsel before taking any adverse action against an employee for failure to provide documentation when using PSL. For more information, see Parameters of Paid Sick Leave Use.

Employers must maintain the confidentiality of any employee who requests victims’ leave.

Victims’ leave for medical treatment and services does not create a right to leave that exceeds or adds to the unpaid leave time that the FMLA allows. This leave is limited to 12 weeks in a 12-month period. This leave will run concurrently with leave under the CFRA and the FMLA if the employee is eligible for that leave.4

If an employee is taking leave for a family member who is a victim and is not deceased as a result of the crime, you may limit the total leave taken in relation to that family member to 10 days.5

You can further limit an employee to five days of leave for purposes of assisting a family member in relocating or engaging in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.6

If a family member suffers a qualifying act of violence dies, the employee may be eligible for bereavement leave. For more information, see Bereavement Leave.

Employees' Use of Accrued Time Off During Victim's Leave for Treatment and Services

Victims' leave for treatment and services 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. 7 This includes using paid sick leave provided under California's Healthy Workplace Healthy Families Act, the state's paid sick leave law.8 For more information about paid sick leave usage, see Paid Sick Leave - Permissible Usage.