California Crime Victim Leave: Time Off Rights for Victims & Families (2026)

Quick Answer: California law protects employees who are crime victims or have family members who are victims. You're entitled to job-protected time off for court proceedings, victim services, medical treatment, and safety planning. Employers cannot fire or retaliate against you for taking this leave.

Crime Victim Leave Rights

What the Law Provides

California's crime victim leave laws (Labor Code § 230 and § 230.2) protect:

Victims of crime - Time off for legal proceedings and recovery
Victims of domestic violence, sexual assault, and stalking - Extended protections under Labor Code § 230.1
Family members - Time off when your family member is a victim

Who Is Protected

All California employees are protected, including:

Full-time and part-time workers
Workers at any size employer
Any length of employment

Types of Crime Victim Leave

1. Court and Legal Proceedings

You can take time off to:

Appear in court as a victim or witness
Attend preliminary hearings
Attend sentencing hearings
Participate in trial proceedings
Meet with prosecutors or law enforcement
Attend parole or probation hearings

2. Victim Services

Time off for obtaining services:

Restraining orders
Victim advocate meetings
Victim compensation claims
Witness protection services
Crime victim assistance programs

3. Medical and Mental Health

Leave for treatment related to the crime:

Medical treatment for injuries
Mental health counseling
Psychological treatment
Therapy appointments

4. Safety Planning

Time to protect yourself:

Safety planning with advocates
Relocating for safety
Securing housing
Obtaining protective orders

Domestic Violence, Sexual Assault, and Stalking

Extended Protections

Victims of domestic violence, sexual assault, or stalking have additional protections under Labor Code § 230.1:

Employers with 25+ employees must allow time off for:

Medical attention
Psychological counseling or mental health services
Safety planning
Obtaining restraining orders
Relocating

Notice Requirements

For employers with 25+ employees:

Give advance notice if possible
If unscheduled, notify as soon as possible
Can use sick leave or vacation

Documentation

Employer may request documentation:

Police report
Court order
Documentation from victim advocate
Medical documentation
Statement from you

Family Member Victims

Who Qualifies as Family

If your family member is a crime victim, you're protected:

Spouse or registered domestic partner
Child (any age)
Stepchild
Sibling
Stepsibling
Parent
Stepparent
Other person living in your household

What You Can Take Leave For

Time off when family member is victim:

Attending court proceedings with them
Helping them access services
Taking them to medical appointments
Helping with safety planning

Using Paid Leave

Can Use Accrued Leave

You may use accrued paid leave:

Vacation time
Paid time off (PTO)
Sick leave (for medical treatment)
Personal days

Employer Cannot Require

Employers cannot require you to use paid leave first. It's your choice whether to use paid or unpaid leave.

Sick Leave for DV/SA/Stalking

Paid sick leave can specifically be used for:

Domestic violence recovery
Sexual assault recovery
Stalking-related needs

This is explicitly covered under California's paid sick leave law.

Job Protection

Your Rights

During crime victim leave:

Your job is fully protected
You cannot be fired
You cannot be demoted
Your benefits continue
You return to same position

No Retaliation

Employers cannot:

Terminate you for taking leave
Threaten termination
Reduce hours or pay
Change your schedule as punishment
Give negative reviews based on leave
Create hostile work environment

Penalties for Violation

Employers who violate crime victim leave protections face:

Civil liability
Back pay and damages
Reinstatement orders
Attorney's fees
Potential criminal penalties

Documentation Requirements

What Employer Can Request

Employers may request documentation showing:

You were a victim of crime
Appearance is for victim-related purpose
You need time for qualifying activity

Acceptable Documentation

Police report
Court order or subpoena
Letter from prosecutor or victim advocate
Medical documentation
Restraining order
Victim compensation paperwork

Confidentiality

All documentation must be kept confidential:

Separate from personnel file
Limited access
Not disclosed without consent

Witness Leave

Appearing as Witness

If you're subpoenaed as a witness to a crime:

You have protected leave
Employer cannot penalize you
Must be allowed time to testify

Non-Subpoenaed Witnesses

If asked (not subpoenaed) to appear:

Less clear protection
Best to get subpoena if possible
May still have protection as victim

How to Request Leave

Best Practices

Notify employer as soon as possible
- Advance notice when feasible
- Immediate notice for emergencies
Put it in writing

"I am requesting crime victim leave pursuant to Labor Code Section 230. I am a victim of [type of crime] and need time off on [dates] to [attend court/obtain services/receive treatment]. Please let me know what documentation you require."
Provide documentation if requested
- Submit after leave if not available before
- Keep copies of everything
Document employer's response
- Save emails and messages
- Note verbal conversations

Retaliation Claims

If Employer Retaliates

Steps to take:

Document the retaliation
File internal complaint if safe
File with Labor Commissioner
Consult employment attorney
Consider civil lawsuit

Filing Deadline

Generally 3 years for retaliation claims
File promptly to preserve rights

Available Remedies

Reinstatement
Back pay
Lost benefits
Emotional distress damages
Punitive damages
Attorney's fees

FAQs

Is crime victim leave paid?

The law doesn't require pay, but you can choose to use accrued vacation, PTO, or sick leave to receive pay during leave.

How much time can I take?

There's no specific limit. You can take reasonable time off for qualifying purposes—court appearances, services, treatment, and safety needs.

What if I need ongoing time for counseling?

You're protected for ongoing treatment. Communicate with employer about scheduling. Can use sick leave for appointments.

Does this apply to property crimes?

Yes, if you're a victim and need time off for court or related purposes. The law covers victims of crime generally.

What if I don't want to disclose the crime?

You may need to disclose enough to show you qualify. Discuss with HR about confidentiality. An advocate can help communicate on your behalf.

Can I take leave if the crime happened years ago?

Yes, if you still need time for court proceedings, therapy, or other qualifying purposes. There's no time limit from when the crime occurred.

Resources

Victim Services

California Victim Compensation Board: victims.ca.gov
National Domestic Violence Hotline: 1-800-799-7233
RAINN (Sexual Assault): 1-800-656-4673
Local victim/witness assistance programs: Contact your county DA's office

Legal Disclaimer

This article provides general information about California crime victim leave rights and is not legal advice. For advice about your specific situation, consult a licensed California employment attorney or contact a victim advocate.

Legal Authority:

Labor Code § 230 - Crime victim leave
Labor Code § 230.1 - Domestic violence, sexual assault, stalking leave
Labor Code § 230.2 - Victim of crime leave