If you are a victim of domestic violence, sexual assault, stalking, or any other crime that caused you physical or mental injury, or if your immediate family member is deceased as a direct result of a crime, you may need to take time off from work to seek medical attention, to obtain services from a victim assistance program, to get psychological counseling, or to participate in safety planning. However, you may be worried about how your employer will react to your absence. Will you lose your pay, benefits, or even your job for taking time off to deal with the aftermath of the crime or abuse? What if your employer retaliates against you for exercising your rights as a victim? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under Labor Code Section 230.1 and how we can help you if your employer violates them.
What is Labor Code Section 230.1?
Labor Code Section 230.1 is a California law that prohibits employers with 25 or more employees from discharging, discriminating, or retaliating against employees who are victims of domestic violence, sexual assault, stalking, or any other crime that caused physical or mental injury or a threat of physical injury, or who are persons whose immediate family members are deceased as a direct result of a crime, for taking time off from work for any of the following purposes:
- To seek medical attention for injuries caused by the crime or abuse.
- To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.
- To obtain psychological counseling or mental health services related to an experience of the crime or abuse.
- To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.
This law also applies to employees who are subpoenaed or requested by a court, the district attorney’s office, the public defender’s office, or an attorney appointed pursuant to Section 686.2 of the Penal Code to appear in court as a witness in any judicial proceeding involving domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse.
What are the benefits of Labor Code Section 230.1?
Labor Code Section 230.1 provides several benefits for employees who are victims of crime or abuse or who are witnesses in related judicial proceedings. These include:
- The right to take unpaid leave from work for the purposes listed above without fear of losing your job or facing other negative consequences from your employer.
- The right to use your accrued vacation, personal, sick, or compensatory leave for the purposes listed above if you choose to do so.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer discharges, discriminates, or retaliates against you for exercising your rights under this law.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of Labor Code Section 230.1?
Labor Code Section 230.1 does not cover every situation where an employee may need to take time off for the purposes listed above. Some of the limitations of this law are:
- It does not require employers to pay employees for the time they spend on the purposes listed above unless the employer has a policy or agreement to do so.
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales and certain computer employees.
- It does not protect employees who fail to give reasonable advance notice to their employers that they need to take time off for the purposes listed above unless the advance notice is not feasible.
- It does not protect employees who abuse their rights under this law by taking excessive or unnecessary time off for the purposes listed above.
How can we help you if your employer violates Labor Code Section 230.1?
If you believe that your employer has violated your rights under Labor Code Section 230.1 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for taking time off as a victim of crime or abuse or as a witness in a related judicial proceeding, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
