Complying with the Requirements of CA AB 2337

Employee Notifications Required for Domestic Violence Leave

The current law requires employers with 25 or more employees to provide protected leave for domestic violence, sexual assault or stalking and employees are entitled to mandatory paid sick days, and unpaid “leaves of absences” for this reason.

Also, employees that are victims of domestic violence, sexual assault or stalking can use accrued mandatory paid sick leave when they require time off to appear in legal proceedings or for medical treatment.

On September 14, 2016, Governor Jerry Brown signed AB 2337 into law which expands the employer notice requirements regarding domestic violence employee.

Despite the protections under current law, many employees remain uninformed about their employment-related rights when it comes to domestic violence.

This new bill is effective July 1, 2017, and requires employers of 25 or more to provide written notice to employees of their rights to take protected leave for domestic violence, sexual assault or stalking.

Employers must inform each employee of his or her rights upon hire and at any time upon request.

We recommend employers review their handbook policies and ensure that employees’ existing rights to take time off for domestic violence, sexual assault or stalking are detailed in the domestic violence leave policy.

The notification policy must specifically state that: Employees that are victims of domestic violence, sexual assault, or stalking may take time off from work to:

1. Seek medical attention for injuries;
2. Obtain services from a domestic violence shelter, program, or rape crisis center;
3. Obtain psychological counseling;
4. Participate in safety planning and take other actions to increase safety, including temporary or permanent relocation.

Employers are prohibited from discharging, discriminating, or retaliating against an employee because of the employee’s known status as a victim of domestic violence, sexual assault, or stalking or for taking domestic violence leave.

Lauren Sims is the author and a Principal HR Consultant with eqHR Solutions.

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