Purpose
California Government Code Section 12945.8 entitles County employees who are victims of a qualifying act of violence, or whose family member, as defined by Government Code Section 12945.2, is a victim of a qualifying act of violence, to take time off from work for the following purposes:
- To seek, obtain, or assist a family member to seek or obtain, medical care for or to recover from injuries caused by a qualifying act of violence.
- To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
- To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
- To obtain or attempt to obtain relief for themselves or a family member (including a temporary restraining order, restraining order, or other injunctive relief) to help ensure the health, safety or welfare of the victim or family member of the victim.
- To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
- To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
- To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
- To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
- To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
- To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
As defined by Government Code Section 12945.8(j)(5), a qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime: domestic violence; sexual assault; stalking; an act, conduct, or pattern of conduct in which an individual causes bodily injury or death to another individual, or in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual, or in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
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. If an employee is eligible for FMLA/CFRA leave, the leave shall run concurrently. 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 or a family member of the employee was a victim,
- A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court,
- Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined by Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence,
- Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section.
Update: January 2026