Q&A: If an employee is a victim of a crime, what time off do I need to provide?

Whether you must provide time off depends on the type of crime the employee experienced and the reason they need to take time off from work.

California provides different types of leave for victims of crimes and acts of violence — leave to attend various legal proceedings, serve as a witness or seek medical treatment and other services related to the act of violence. The types of leave are similar, but there are some distinctions between leave for victims of a crime and leave for qualifying acts of violence.

Time Off to Attend Legal Proceedings Related to Certain Crimes (All Employers):

All employers must provide leave when the employee or a family member is a victim of specified crimes and needs to take time off to attend judicial proceedings related to that crime, including, but not limited to, any delinquency proceeding, a postarrest release decision, pleas, sentencing, postconviction release decisions or any proceeding where that person’s rights are at issue.

To take this leave, the law specifies that employees or their family members must be victims of certain felony crimes or suffer direct or threatened physical, psychological or financial harm as a result of certain crimes and delinquent acts defined in the California Penal Code.

Time Off to Attend Legal Proceedings as a Witness or to Seek Relief (All Employers):

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, including but not limited to, a temporary restraining order, restraining order or other injunctive relief, to help ensure the health, safety or welfare of the victim or their child.

For purposes of this leave, a victim is an individual who suffers a qualifying act of violence, which is defined to include domestic violence, sexual assault, stalking, or an act, conduct or pattern of conduct that includes circumstances in which:

An individual causes bodily injury or death to another individual.
An individual exhibits, draws, brandishes or uses a firearm or other dangerous weapon with respect to another individual.
An individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.

Time Off for Treatment and Services (Employers With 25 or More Employees):

In addition to the types of leave above, employers with 25 or more employees must provide employees who are victims of, or who have family members who are victims of, qualifying acts of violence with time off for the following reasons:

Obtain or attempt to obtain relief for the family member, including but 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.
Seek, obtain or assist a family member in seeking or obtaining medical attention for, or recovery from, injuries caused by a qualifying act of violence.
Seek, obtain or assist a family member in seeking or obtaining services from a domestic violence shelter, program, rape crisis center or victim services organization or agency.
Seek, obtain or assist a family member in seeking or obtaining psychological counseling or mental health services related to 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 securing a new residence due to the qualifying act of violence, including securing temporary or permanent housing or enrolling children in a new school or childcare.
Provide care to a family member recovering from injuries caused by a qualifying act of violence.
Seek, obtain or assist a family member in seeking or obtaining civil or criminal legal services related to the qualifying act of violence.
Prepare for, participate in or attend any civil, administrative or criminal legal proceeding related to the qualifying act of violence.
Seek, obtain or provide childcare or care to a care-dependent adult if necessary to ensure safety as a result of the qualifying act of violence.

Victims’ leave is unpaid; however, employees may use leave under California’s mandatory paid sick leave (PSL), vacation, PTO or other personal leave.

Employers may request documentation to substantiate the employee’s or family member’s status as a victim, including a police report, court order, other court documentation demonstrating attendance, documentation regarding medical treatment or self-certification from the employee.

If employees are using paid sick leave, employers must follow 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.