New California Requirement for Businesses
California is now requiring (not an option) that businesses allow crime victims to take time off as “sick leave” to recover from the trauma of crimes.
Understanding Labor Code Section 230.2
As many employers may already know, under California Law, Labor Code Section 230.2 states that an employer shall allow an employee who is a victim of a crime (or any immediate family member, registered domestic partner, or child of a registered partner) in order to attend any judicial proceedings related to that crime.
Broad Definition of Family
The law defines family quite broadly. Family includes:
- Spouse
- Child
- Stepchild
- Brother
- Stepbrother
- Sister
- Stepsister
- Mother
- Stepmother
- Father
- Stepfather
Definition of a Victim
The law also defines a victim as to any of the following crimes:
- A violent felony
- Serious felony
- Felony involving theft or embezzlement
So, if someone were to break into someone’s car and steal say $1,000 of stuff, then that would be a qualifying crime.
Employer Requirements and Documentation
The employer can demand under Labor Code 230.2 that the employee give the employer a copy of each scheduled proceeding that is provided to the victim by the agency giving the notice (unless advance notice is not feasible). The employer cannot penalize the employee for the unscheduled absence as long as the employee gives documentation within a reasonable time.
Paid vs. Unpaid Leave Options
The employee can choose to use any paid time off for this time off as a crime victim and the employer must pay any available time off benefits. Or, alternatively, if the employee does not choose to use their time off, then the employee can have unpaid leave.
Protection Against Retaliation
If an employee alleges they were discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against for being a crime victim they have 1 year to file a claim under Labor Code Section 98.7.
