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California Domestic Violence Leave: Time to Heal and Find Safety

If you’re a victim of domestic violence, sexual assault, or stalking, California law protects your right to take time off work for medical care, counseling, safety planning, and legal proceedings. Employers with 25 or more employees must provide job-protected leave, and you can use sick leave to get paid.

This law recognizes that escaping abuse and recovering from violence takes time. You have the right to protect yourself without losing your job or income.

What Is Domestic Violence Leave?

California provides several legal protections for victims of domestic violence, sexual assault, and stalking who need time off work.

Two main laws protect you:

Labor Code § 230 – Prohibits all employers from firing or discriminating against victims who take time off for specific purposes

Labor Code § 230.1 – Requires employers with 25+ employees to provide job-protected leave and reasonable accommodation

These laws work together to ensure you can access victim services, seek safety, and heal from trauma without losing your job.

Source: California Labor Code § 230, § 230.1

Who Qualifies for Domestic Violence Leave

Protection depends on employer size, but all California workers have some level of protection.

All Employers (Any Size)

All California employers (even employers with 1 employee) cannot:

  • Fire you for being a victim
  • Discriminate against you for taking time for victim services
  • Retaliate for seeking help

This protection applies if you’re a victim of:

  • Domestic violence
  • Sexual assault
  • Stalking

Employers with 25+ Employees

Additional protections for workers at larger employers:

  • Job-protected leave for qualifying purposes
  • Reasonable accommodation for safety
  • Confidentiality requirements

You qualify if:

  • Your employer has 25 or more employees at any location
  • You are a victim of domestic violence, sexual assault, or stalking
  • You need time off for covered reasons (explained below)

Example: Jasmine works for a small accounting firm with 8 employees. Her employer cannot fire her for being a domestic violence victim or taking time off for victim services. But the employer isn’t required to provide job-protected leave under § 230.1. However, Jasmine can still use her accrued sick leave to get paid for time off.

What Qualifies as Domestic Violence, Sexual Assault, and Stalking

The law protects victims of specific types of violence.

Domestic Violence

Abuse by:

  • Current or former spouse or domestic partner
  • Current or former cohabitant
  • Person you’re dating or dated
  • Parent of your child
  • Other intimate partner

Types of abuse:

  • Physical violence
  • Sexual violence
  • Emotional abuse
  • Threats and intimidation
  • Harassment
  • Controlling behavior
  • Financial abuse

Sexual Assault

Any non-consensual sexual contact or behavior, including:

  • Rape
  • Sexual battery
  • Sexual abuse
  • Unwanted sexual touching
  • Sexual coercion

Perpetrator can be stranger, acquaintance, dating partner, spouse, or any person.

Stalking

Repeated unwanted contact that causes fear, including:

  • Following you
  • Repeated unwanted calls, texts, or messages
  • Showing up at your home or workplace
  • Monitoring your activities
  • Threatening you or your family
  • Cyberstalking

What You Can Use Domestic Violence Leave For

California law protects time off for specific safety and recovery purposes.

Covered Reasons for Leave

Medical care and mental health treatment:

  • Treatment for physical injuries
  • Emergency room visits
  • Ongoing medical care
  • Psychological counseling
  • Therapy for trauma
  • Mental health treatment

Victim services:

  • Domestic violence shelter services
  • Rape crisis center services
  • Victim advocacy programs
  • Support groups
  • Safety planning with advocates

Safety planning:

  • Creating safety plan with advocate
  • Securing housing
  • Relocating to safe location
  • Changing locks
  • Installing security systems
  • Arranging childcare

Legal proceedings:

  • Obtaining restraining order (DVRO or civil harassment order)
  • Court hearings
  • Meeting with attorney
  • Testifying in criminal case
  • Filing police report
  • Meeting with prosecutor
  • Family court proceedings (custody, divorce)

Related activities:

  • Finding new housing
  • Opening new bank accounts
  • Changing phone number
  • Arranging childcare due to safety concerns

Example: Chen obtains a restraining order against her ex-boyfriend who has been stalking her. She needs time off for: the court hearing to get the order, meeting with a domestic violence advocate to create a safety plan, and moving to a new apartment. All of these uses are protected under California law.

How Much Leave You Can Take

The amount of leave depends on employer size and what type of leave you’re using.

Employers with 25+ Employees

No specific time limit on job-protected leave under § 230.1

You can take reasonable time off for covered purposes. What’s “reasonable” depends on circumstances:

  • Severity of situation
  • Nature of services needed
  • Court schedules
  • Medical necessity

Courts have upheld:

  • Multiple days for restraining order process
  • Several weeks for relocation and safety planning
  • Ongoing intermittent time for therapy and court dates

Using Paid Sick Leave

All employees can use accrued paid sick leave for domestic violence purposes.

Covered under sick leave law:

  • Medical treatment for injuries
  • Psychological counseling
  • Victim services
  • Legal proceedings
  • Safety planning

If you’ve accrued sick leave, you can use it to get paid during time off.

Example: Maria has 40 hours of accrued sick leave. She uses:

  • 8 hours for restraining order court hearing
  • 8 hours for therapy appointments
  • 16 hours for moving to safe housing
  • 8 hours for follow-up court date

All of these uses are protected under paid sick leave law.

No Requirement to Use Vacation or PTO

Employer cannot require you to use vacation time if you want to use sick leave. You choose which paid time off to use.

Confidentiality Requirements

California law requires employers to protect your privacy.

What Employers Must Keep Confidential

Employers with 25+ employees must keep confidential:

  • The fact that you requested or received leave
  • The reason for your leave
  • Any documentation you provided
  • Information about the situation

Exception: Employer can disclose information only if:

  • You provide written permission, or
  • Court orders disclosure, or
  • Necessary to protect your safety (and you’re informed)

Employer Cannot Share Your Information

Illegal actions:

  • Telling coworkers why you’re on leave
  • Discussing your situation with other employees
  • Posting reason for absence on schedule
  • Gossiping about your situation
  • Sharing your new address or contact information with anyone (including the abuser)

Example: Yuki takes leave for domestic violence. Her manager tells other team members “Yuki’s husband beat her up so she’s in a shelter.” This is a serious violation of confidentiality requirements. Yuki can file a complaint and sue for damages.

How to Request Leave

You can request leave for domestic violence purposes, but the process is flexible given the emergency nature of these situations.

Advance Notice When Possible

If you can plan ahead (scheduled court date, appointment), give advance notice:

  • Verbal or written request
  • State you need time off for victim-related services
  • Don’t need to provide detailed information

What to say:
“I need time off on [date] for a personal safety matter” or “I need to take leave under California’s domestic violence leave law.”

Short Notice for Emergencies

Many domestic violence situations are emergencies. Provide notice as soon as possible:

  • Before shift starts if possible
  • During shift if emergency arises
  • As soon as practicable given circumstances

Employers must be flexible given the unpredictable nature of domestic violence situations.

Documentation

Employers with 25+ employees can request certification that leave is for covered purpose.

Acceptable documentation:

  • Police report
  • Court documents (restraining order, hearing notice)
  • Documentation from domestic violence counselor, advocate, healthcare provider, or attorney
  • Any other corroborating evidence

Employer cannot:

  • Demand excessive documentation
  • Require specific types of documentation
  • Deny leave if you cannot immediately provide documentation
  • Share your documentation with others

You can provide:
Just enough documentation to show leave is for covered purpose. Don’t need to provide detailed information about the abuse.

Keep Documentation Yourself

Keep copies of:

  • Leave requests
  • Documentation you provided
  • Court dates and legal documents
  • Medical records
  • Communications with employer
  • Evidence of any denial or retaliation

Using Sick Leave for Domestic Violence Purposes

California’s paid sick leave law explicitly covers domestic violence victims.

Sick Leave Covers

  • Medical treatment for injuries
  • Mental health care
  • Victim services
  • Legal proceedings
  • Restraining orders
  • Safety planning

How to Request

What to say:
“I’m using sick leave for personal safety purposes” or “I need to use sick leave for a court proceeding related to domestic violence.”

Documentation Rules

For 3 days or fewer: Employer cannot require documentation

For more than 3 consecutive days: Employer may request verification that leave was for covered purpose, but you don’t need to disclose details of abuse

Example: Lin uses 2 days of sick leave to obtain a restraining order and move her belongings. Her employer demands a police report and restraining order documents. This violates California law. Employers cannot require documentation for absences of 3 days or fewer.

Reasonable Accommodation for Safety

Employers with 25+ employees must provide reasonable accommodation for your safety.

Types of Accommodations

Schedule changes:

  • Modified work hours
  • Different shift
  • Temporary work-from-home arrangement
  • Flexible schedule for court dates

Workplace safety:

  • Changed work location or station
  • Photo of abuser to security
  • Instructions to staff not to release your information
  • Escort to parking lot
  • Temporary transfer to different location

Contact information:

  • Unlisted phone number at work
  • Changed email address
  • Do not publish directory information
  • Block calls from specific numbers

Other accommodations:

  • Change to direct deposit (if abuser controlled cash)
  • Different emergency contact
  • Time off for safety-related appointments

Example: David’s ex-partner knows where he works and has shown up at his workplace making threats. His employer provides reasonable accommodation: changes his work location to different office, alerts security with photo of ex-partner, and allows flexible schedule for restraining order hearings.

Employer Retaliation Is Illegal

Employers cannot punish you for being a victim or seeking help.

Prohibited Retaliation

Employers cannot:

  • Fire you for being a victim
  • Refuse to hire you because of past domestic violence
  • Demote you for taking leave
  • Reduce hours or pay
  • Create hostile work environment
  • Threaten your job if you seek help
  • Discourage you from calling police
  • Interfere with restraining order process
  • Disclose confidential information as punishment

Penalties for Retaliation

If employer retaliates, you can recover:

  • Reinstatement to job
  • Back pay for lost wages
  • Emotional distress damages
  • Punitive damages
  • Attorney’s fees and costs

California courts take domestic violence retaliation very seriously and award substantial damages.

Source: California Labor Code § 230(c), § 230.1(f)

Real-World Examples

Example 1: Obtaining Restraining Order

Situation: Rosa’s ex-boyfriend is stalking her, sending threatening texts, and showing up at her apartment. She works for retail store with 35 employees.

Leave used:

  • 1 day off to file restraining order petition at courthouse
  • 1 day off for court hearing
  • 1 day for follow-up hearing
  • Uses 24 hours of sick leave (paid)

Result: Employer must grant job-protected leave. Cannot deny sick leave use. Must keep situation confidential.

Example 2: Escaping Domestic Violence

Situation: Keisha is in abusive marriage. She plans to leave while husband is at work, move to domestic violence shelter, and file for divorce. She works for company with 80 employees.

Leave used:

  • 3 days off to move belongings to shelter
  • 2 days for meetings with domestic violence advocate
  • 1 day to file for restraining order
  • Uses accrued sick leave for some days, unpaid for others

Accommodation requested:

  • New work phone number (abuser had her old number)
  • Instructions to front desk not to give out her information
  • Changed email address

Result: Employer provides all accommodations. Grants leave. Keeps situation confidential. Keisha safely escapes abuse.

Example 3: Sexual Assault Victim

Situation: Priya was sexually assaulted. She needs time for medical treatment, police report, rape crisis counseling, and court proceedings.

Leave used:

  • Emergency room visit (1 day)
  • Police report and forensic exam (1 day)
  • Counseling appointments (intermittent, 4 hours per week)
  • Court dates (as scheduled over several months)

Result: Uses sick leave for paid time off. Employer grants all leave. Provides flexible schedule for therapy. Cannot disclose reason for leave to coworkers.

How to File a Complaint

If your employer violated your rights, take action.

Step 1: Document Violations

Keep records of:

  • Denial of leave
  • Retaliation
  • Confidentiality breaches
  • Denied accommodation
  • All communications

Step 2: File Complaint with Labor Commissioner

For sick leave violations or retaliation:

  • File at: dir.ca.gov/dlse
  • Phone: 833-526-4636
  • Deadline: 3 years from violation

Step 3: File Complaint with Civil Rights Department

For discrimination or harassment:

  • File at: calcivilrights.ca.gov
  • Deadline: 3 years from violation

Step 4: Consult Attorney

Many employment attorneys offer free consultations. Domestic violence leave violations can result in substantial damages.

Resources:

  • Legal Aid at Work: 415-864-8848
  • California Employment Lawyers Association: cela.org
  • Women’s Law: womenslaw.org

Frequently Asked Questions

Can my employer fire me for being a victim of domestic violence?

No. All California employers (regardless of size) cannot fire or discriminate against you for being a victim of domestic violence, sexual assault, or stalking.

What if my employer is the abuser?

California law still protects you. You can take leave for safety planning and legal proceedings. File complaint with Labor Commissioner and Civil Rights Department. Consult attorney immediately.

Do I have to tell my employer details about the abuse?

No. You only need to provide enough information to show you need leave for covered purposes. You don’t have to describe the abuse in detail.

Can I use sick leave if my child is the victim?

Yes. Paid sick leave covers time off when you or a family member is a victim of domestic violence, sexual assault, or stalking.

What if I need to relocate to another city for safety?

Discuss with your employer. They may allow transfer to different location, remote work, or unpaid leave. If they fire you for relocating due to domestic violence, this may be illegal retaliation.

Related Topics

Legal Disclaimer

This article provides general information about California domestic violence leave laws. It is not legal advice. Employment laws change frequently and every situation is different. If you have specific questions about your rights, consult with a California employment attorney. If you’re in immediate danger, call 911.

Domestic Violence Resources:

  • National Domestic Violence Hotline: 1-800-799-7233
  • RAINN Sexual Assault Hotline: 1-800-656-4673
  • California Partnership to End Domestic Violence: 1-800-524-4765

Last Updated: November 2, 2025

Sources: California Labor Code § 230, § 230.1, § 246, California Department of Industrial Relations

Take Action

You deserve safety and the ability to heal. California law protects your right to take time off to escape violence and build a new life.

If your employer denied you leave, retaliated against you, or violated your confidentiality, document everything and seek legal help immediately.

You are not alone. Help is available.