“Crime Victims Leave” – Are California workers entitled to it?

Crime victims leave in California is time off from work granted to you if you are the victim of a crime. The purpose of this time off is to attend a judicial proceeding related to your case or any other proceeding where your rights are at issue, such as a sentencing hearing.

You can use your accrued paid time off to take crime victim leave, and your employer may not retaliate against you as long as you provide reasonable notice.

Below, our California employment and labor lawyers discuss the following frequently asked questions about California workplace leave laws for crime victims:

• 1. Are victims of crime entitled to leave in California?
• 2. What crimes are covered?
• 3. Do I have to notify my employer if I take leave?
• 4. Am I entitled to pay while I am off work?
• 5. Can an employer punish me for taking time off work?
• 6. What if my employer violated my rights?
• 7. How does AB 2992 affect crime victim leave laws?
• Additional Resources

1. Are victims of crime entitled to leave in California?

California law provides two different forms of crime victims leave:

1. for judicial proceedings related to the crime; and ¹
2. for any proceeding involving the victim’s rights (such as a postarrest release decision, plea, sentencing, or postconviction release decision). ²

Both are largely similar, and this article will reference all of the rights you have under both laws.

Who is considered a “victim?”

You are a victim under the law if you suffer physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent

A victim also includes your immediate family member or guardian, including:

• spouse or domestic partner,
• parent,
• child, or
• sibling.

The majority of victims who need crime victim leave have suffered domestic violence, stalking, or sexual assault.

2. What crimes are covered?

Under the two forms of protected leave, the types of crimes included are:

• a violent felony
• a serious felony
• a felony provision of law proscribing theft or embezzlement
• vehicular manslaughter while intoxicated
• felony child abuse likely to produce great bodily harm or a death
• assault resulting in the death of a child under eight years of age
• felony domestic violence
• felony physical abuse of an elder or dependent adult
• felony stalking
• solicitation for murder
• hit-and-run causing death or injury
• felony driving under the influence causing injury; and
• sexual assault.³

3. Do I have to notify my employer if I take leave?

You are required to give your employer reasonable advance notice – such as to Human Resources – if you intend to take time off from work. If advance notice is not feasible, it is not required.⁴

If the time taken off work is unexpected or an unscheduled absence – like in a crisis situation – your employer may require certain written documentation to show that you were the victim of a crime. Proof can include:

• a police report from a law enforcement agency regarding the incident of domestic violence or sexual assault;
• a court order which separates you from the alleged perpetrator, or other documents from the court; or
• documentation from a medical professional such as a doctor, domestic violence advocate, health care provider, or a therapist providing psychological counseling.

You are not required to prove that a crime has occurred as part of the advance notice.

If the leave would cause the employer undue hardship, you may tell the prosecuting attorney in the case. Then the court hearing may be rescheduled.

4. Am I entitled to pay while I am off work?

You are not guaranteed the right to a continued paycheck by law. However, certain union or employment agreements may guarantee the right to pay during such times. To continue receiving pay, California law allows you to use any accrued:

• vacation days,
• personal leave, or
• compensatory time, or
• sick days under the Healthy Workplaces, Healthy Families Act (HWHFA).

5. Can an employer punish me for taking time off work?

No. It is illegal for an employer to punish you for taking reasonable time off work for crime victim leave.

Employers may not:

• demote,
• wrongfully terminate,
• refuse to rehire,
• fail to promote,
• suspend, or
• in any other way discriminate against

you for taking leave.

Retaliation for taking needed time off from work can come in many forms. If you have questions about how you were treated, an experienced employment attorney can tell you if your rights were violated.

6. What if my employer violated my rights?

If an employer illegally acts against you because of your use of crime victims leave, you may file a claim with the Division of Labor Standards Enforcement of the Department of Industrial Relations.

The Division will review your claim for illegal actions on the part of the employer. If your rights were violated, you may be entitled to:

• reinstatement,
• reimbursement for lost wages, and
• reimbursement for work benefits.

The employer may also be found guilty of a misdemeanor. ⁵

7. How does AB 2992 affect crime victim leave laws?

The 2020 California Assembly Bill 2992 expands protections for crime victims in the following three ways:

1. Employers are now prohibited from discharging, discriminating, or retaliating against victims of any misdemeanor or felony crime – not just domestic violence, stalking, or rape – for taking time off work to obtain relief (such as getting a restraining order).
2. You can now use documentation by a victim advocate to show your employer why your absence to obtain relief was necessary. Alternatively, you can now use a written statement signed by yourself (or someone representing you) as documentation. Prior to the new law, the only forms of acceptable documentation included police reports, court orders, and reports from health care providers or counselors.
3. Businesses employing 25 or more people now cannot fire or retaliate against you for missing work to obtain services from a victim services organization or agency, including getting psychological counseling or to make a safety plan. This is a broadening of the prior law, which specified services from only domestic violence shelters and rape crisis centers. ⁶

Additional Resources

If you are a crime victim, refer to the following for help:

• Crime Survivors Resource Center – a non-profit organization that provides resources, support, and advocacy for survivors of crime.
• Crime Victims United – a non-profit organization that advocates for the rights and interests of crime victims in California.
• Arc California – a non-profit organization that advocates for and supports individuals with intellectual and developmental disabilities and their families.
• California Office for Victims of Crime – a state government agency that provides resources, support, and advocacy for victims of crime in California.
• California Victims Resource Center – a non-profit organization that provides information, resources, and referrals to victims of crime in California.