The component is not available at this moment. Please contact the site administrator.
Situations involving personal issues at home, whether domestic violence, drug or alcohol abuse, or family matters, may be of concern to employers and other employees.
The employer may speak with the employee to let them know that while it is a private matter, you care about the employee and the human resources door is open. In addition, an employer may let the employee know about local resources available to assist, including court protection, shelters and counseling.
California law prohibits discharging or discriminating against all employees and their children who are victims of crimes and those who seek court protection. All employers are required to give victims of certain qualifying acts of violence, including domestic violence, sexual assault, stalking or other crimes and threats of violence, time off to obtain judicial relief such as a temporary restraining order. Employers with 25 or more employees are also required to provide employees who are victims, or whose family members are victims, time off work for medical attention, counseling, domestic violence shelter services and other purposes directly related to violence.
All employers are also required to provide reasonable accommodations for employees who are victims of, or whose family members are victims of, qualifying acts of violence, and who request an accommodation for their safety while working. Reasonable accommodations may include the implementation of safety measures, such as transfers, reassignments, modified schedules, changed work telephones, changed work station or installed locks.
In determining whether the accommodation is, or is not, reasonable, the employer should consider the exigent circumstance or danger facing the employee. Employers do not have to make accommodations that constitute an “undue hardship.” An undue hardship under this law can include an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees.
Domestic violence situations may create problems at work. Employers should review their workplace violence prevention plans and policies, and put into place safeguards to ensure that the workplace remains safe for employees. Consider consulting local law enforcement authorities for help or workplace violence consultants. Consult with your attorney about restraining orders and other precautions that the attorney may advise.
If the employee is seeking a restraining order, ask that the employee’s workplace be included. If a restraining order is obtained that restricts the abuser from being at the employee’s place of work and the abusive person shows up at work, immediately call the police and you may have the abusive person arrested for violating the restraining order. A copy of the restraining order should be retained at work so that you can show it to police if they are called.
Take all threats seriously; document time, date, place, what was said and names of witnesses for the police and court actions. Even if there is no restraining order, if the abusive person shows up at your worksite and is harassing, threatening or refusing to leave, immediately call 911.
Most California employers are required to implement and maintain a comprehensive workplace violence prevention plan (WVPP) as part of their injury and illness prevention program. The WVPP should contain procedures for responding to workplace violent incidents like the scenario described above. Employers are required to train employees on workplace violence procedures and create violent incident logs. Read more about the Workplace Violence Prevention Plan in the HR Library and use CalChamber’s Workplace Violence Prevention Checklist to help create your WVPP.
If an employer has an Employee Assistance Program (EAP) benefit, employees are able to speak privately with professional counselors about personal frustrations, anger, family, or substance abuse problems.
The benefit of an EAP to an employer is that it provides quick access to independent professional counselors for matters beyond the expertise or resources of an employer’s human resources department. EAPs employ highly trained and competent professional staff and appointments may be scheduled during working hours.
The benefit to the employee is that the employee is able to have access to a professional counselor during working hours on a no cost basis. Matters are kept confidential; all that is reported to an employer is whether the employee showed up for the appointment.
Read more about Victims' Leave in the HR Library.