Victims of Crime Leave to Seek Relief

Purpose

California Labor Code Section 230 and Section 230.1 entitle County employees who are victims of stalking, domestic violence, or sexual assault (as defined by the Penal Code); victims of a crime that caused physical injury, or that caused mental injury and a threat of physical injury; or if the employee's immediate family member is deceased as the direct result of a crime, to take time off from work for the following purposes:

• To seek medical care for injuries caused by crime or abuse.
• To obtain psychological counseling or mental health services related to an experience of crime or abuse.
• To obtain services from a domestic violence shelter, program or rape crisis center as a result of crime or abuse.
• To obtain or attempt to obtain relief (including a temporary restraining order, restraining order or other injunctive relief) to help ensure the health, safety or welfare of the victim or child.

To participate in safety planning and to take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.

Policy

Eligibility

All County employees are eligible. 

Entitlement

The time required to seek relief for the purposes identified above.

Use of Balances

An employee must use any accrued leave balance available to the employee. Unpaid leave time is permitted if the employee's leave balances have exhausted. The County is not required to authorize an unpaid leave that exceeds, or is in addition to, the unpaid leave time permitted by the FMLA/CFRA.​

Request Procedure

An employee must give reasonable advance notice of their intention to take time off, in accordance with department procedures, unless advance notice is not feasible. An employee must provide documentation of the need for the leave. Such documentation includes:

• a police report indicating that the employee was a victim,
• a court order protecting or separating the employee from the perpetrator of the crime or abuse or other evidence from the court or prosecuting attorney verifying the employee's court appearance,
• documentation from a licensed medical professional, domestic violence counselor or sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting from the crime or abuse.