Perspective
Jan. 19, 2017
AB 2337: Domestic violence sick leave
Requires employers to provide notice to employees of their right to take protected time off for domestic violence, sexual assault or stalking. By Scott Liner
Scott K. Liner
Liner Law Grouplabor & employment
2393 Townsgate Rd Ste 201
Westlake Village , CA 91361-2517
Phone: (818) 772-6100
Fax: (424) 282-3517
Email: skliner@linerlawgroup.com
Loyola Law School
Assembly Bill 2337, signed by Gov. Jerry Brown in 2016, requires employers with 25 or more employees to provide notice to employees of their right to take protected time off, without threat of termination or retaliation, for domestic violence, sexual assault or stalking. This notice must be provided to each employee "at the time of hire" and thereafter upon request by the employee. Existing California law under California Labor Code Section 230 already requires employers to allow time off to any employee who is the victim of domestic violence or sexual assault and who needs time off: (1) to seek a temporary restraining order or other injunctive relief to help ensure the health, safety, or welfare of the employee and/or his/her child; (2) to seek medical attention; (3) to obtain services from a domestic violence shelter or rape crisis center; (4) to obtain psychological counseling; and/or (5) to participate in safety planning or relocation. This new law, AB 2337, adds the additional requirement that employers provide employees with notice of these rights.
The bill also requires the labor commissioner to develop a standard form for employer use by July 1, 2017. Until the labor commissioner posts the form to the commission's website, employers are not required to comply with these notice requirements. Alternatively, employers may develop and use their own notice as long as it is "substantially similar in content and clarity" to the labor commissioner's form. Nonetheless, many California employers are already complying with AB 2337 by virtue of having an employee handbook which is provided at the time of hiring and that explains an employee's right to take leave under these circumstances.
The bill's author, Assemblymember Autumn Burke, announced that "victims of domestic violence shouldn't have to choose between their job and their safety." However, as noted above, Labor Code Section 230 already prohibited employers of 25 or more from discriminating or retaliating against employees who are victims of domestic violence, sexual assault or stalking, for taking time off from work for specified purposes. Thus, the new law, while highlighting the importance of notifying employees of their rights, does not provide any new rights or obligations other than the notice requirement.
Best practices dictate that employers provide a list of the types of leave of absences that employees are entitled to take, and the circumstances triggering rights in stand-alone documents, as well as handbook and company intranet advisory information. HR departments are often active in informing employees of their rights when they take note of circumstances, even without employees notifying their employers of their exact situations. This new law codified what most employers were already doing in practice, but now they must ensure compliance. Employers should download the labor commissioner's new template once available and incorporate its language into all new hire offer letters.
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