Leave for Crime Victims and Their Families
Under SB 478, employees who are the victims of serious crimes and relatives and domestic partners of crime victims can take unpaid leave from work to attend legal proceedings. This new law applies to all employers, regardless of how many employees you have. Be sure to immediately update your employee handbook to set forth the notice and documentation requirements for this new type of leave.
Here’s an overview of the law:
- Who’s eligible. The right to take leave belongs to an employee who is 1) a crime victim; 2) a member of the crime victim’s immediate family—including spouse, child, stepchild, sibling, stepsibling, parent, or stepparent; or 3) a registered domestic partner of a crime victim or the child of a registered domestic partner of a victim. The crime must be a violent or serious felony, or a felony theft or embezzlement. Check with the court, agency, or office indicated on the documentation accompanying the employee’s leave request if you’re unsure whether the crime qualifies.
- Reasons for leave. The employee must be given leave to attend judicial proceedings related to the crime.
- Leave requests and notice. In advance of the time off, the employee must give you a copy of the official notice to the victim of each scheduled proceeding unless prior notice to you isn’t feasible. When it’s not possible or an unscheduled absence occurs, the new law allows the employee a reasonable amount of time after the absence to give you documentation substantiating that they attended a judicial proceeding. This documentation must be from the court or agency that set the hearing, the district attorney’s office, or the victim/witness office that’s advocating on the victim’s behalf.
- Election to use paid time off. An employee can use accrued paid time, personal leave, sick leave, or comp time for the absence. But it appears you can’t force the employee to use accrued paid leave time.
- No retaliation. You can’t discharge or discriminate against an employee for taking time off under the new law. An employee who believes they’ve been retaliated against can file a complaint with the California Labor Commissioner.
- Confidentiality. You must keep confidential any records relating to an absence under the new law. Store such documentation separate from an employee’s personnel file, and only allow access to the information on a need-to-know basis.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.
Paid Family Leave Clarifications
Last year, California became the first state in the nation to create a paid family leave program, making all employees eligible for up to six weeks of paid family leave during any 12-month period. Payroll deductions for the program began January 1, and employees can begin taking the paid leave July 1. To help with implementation, the Legislature passed a follow-up bill, SB 727, that clarifies certain aspects of the program:
- Program renamed. The program will now be called “Paid Family Leave.” It was previously referred to as “Family Temporary Disability Insurance,” or FTDI.
- Bonding benefits clarified. Last year’s legislation stated the program covers absences for the birth of a child or in connection with the adoption or foster care placement of a child. The new measure clarifies this “bonding” leave must be taken within one year of the birth, adoption, or placement of the child in foster care.
- No benefits if other caregiver available. An employee won’t be eligible for paid family leave program benefits in connection with caring for a seriously ill family member for any day that another family member—including a child, parent, spouse, or domestic partner—is ready, willing, and able to provide the required care.
- Notice contents clarified. Employers will have to provide a notice to employees regarding the paid family leave program benefits. The Employment Development Department will prepare and distribute this notice to employers. The new legislation clarifies this notice should instruct employees to inform you of the reason for taking leave in a manner consistent with company policy.
- 12-month period defined. Employees are eligible for no more than six weeks of paid family leave benefits in a 12-month period, which begins on the first day an individual establishes a valid claim for such benefits.
A number of inconsistencies have been found among the provisions of this new law, but employers should keep in mind their obligation to provide information to employees. The obligation to determine who is entitled to benefits rests with the Employment Development Department.