Your job rights in California as a survivor of abuse

Do Not Lose Hope is not a hotline, a lawyer or a shelter. This page is general information about your job, not legal advice. For hotlines, shelters and restraining orders, see Help for survivors of violence.

Who is protected?

You are, if you work in California and you or a family member lived through a qualifying act of violence. The state Civil Rights Department (CRD) says that includes:

• Domestic violence
• Sexual assault
• Stalking
• Any act or pattern of conduct that causes injury or death, involves a gun or other dangerous weapon, or threatens injury or death

No one has to be arrested, charged or convicted for these rights to apply.

Family member means your child, parent, grandparent, grandchild, brother or sister, spouse or domestic partner. It can also be one designated person: someone related to you by blood, like an aunt or uncle, or someone who is like family to you, like a best friend. Your employer may limit you to one designated person in a 12 month period.

Can I take time off for court or a restraining order?

Yes. Every employer in California, of any size, must let you take time off to get a restraining order or other court help to protect your health, safety or welfare, or your child's.

Since January 1, 2026, crime victims and their family members can also take time off to attend certain court steps in a criminal case. These include release decisions, plea and sentencing hearings, and other proceedings where the victim's rights are at stake. The CRD lists which crimes count.

Every employer must also give you time off to serve on a jury or to be a witness in court when you are ordered to go.

What else can I take time off for?

If your employer has 25 or more workers, you can take time off to:

• Get medical care for injuries
• Get help from a shelter or other victim services, or help with housing
• Get counseling or mental health care
• Make a safety plan, or take other steps to keep you or your family safe, such as moving
• Go to court in a civil or criminal case about the violence
• Arrange child care or care for a dependent adult when it is needed for safety
• Care for a family member who was hurt

How much time?

If you also qualify for family and medical leave under state or federal law, that time runs at the same time. You do not get both, one after the other. See Will my job be safe while I take family or medical leave?

Will I get paid for this time?

You can use the paid time you already have: vacation, paid time off, personal leave or paid sick days. California lets you use sick days for safety reasons too. See Paid sick days in California.

The law says you may use vacation, personal leave, paid sick leave or comp time you already have (Government Code 12945.8). It does not promise pay beyond that, and it refers to the rest as unpaid leave. Plan as if the extra time may be unpaid, and ask your employer what its policy is.

Hurt and cannot work, or caring for a family member who was badly hurt? You may be able to get partial pay from the state through Disability Insurance or Paid Family Leave. See Paid Family Leave to care for a sick family member and How to get disability or Paid Family Leave pay without papers.

Do I have to tell my boss ahead of time?

Give reasonable advance notice when you can. If you cannot, because of an emergency or because telling would put you at risk, you still have rights.

Your employer cannot punish you for a missed day if, when it asks, you give proof within a reasonable time. Proof can be any of these:

• A police report
• A court order, or proof you went to court
• A paper from a shelter, advocate, counselor, doctor or other service provider
• A written statement you sign yourself, or one someone signs for you
• Any other paper that shows the violence happened

You do not need a police report. Your own signed statement counts.

A domestic violence or sexual assault advocate can often write a short letter saying you needed time off. Ask your advocate. Legal Aid at Work also has a sample advocate letter on its website (updated October 2024).

Will my employer keep this private?

It must. Your employer has to keep your request and your papers confidential. It can share them only when a law or a court order requires it, or when that is needed to protect your safety at work. Even then, it must tell you before it shares.

You do not have to tell everyone at work. Tell the person who handles time off, and ask who else will know.

What changes can I ask for at work?

You can ask for a reasonable accommodation to keep you or your family safe at work. This applies at every employer, of any size. Ideas from the CRD:

• A new schedule, a new shift or a transfer to another location
• A new work phone number or email
• Permission to keep your phone with you at work
• A different work station, or a new lock
• Help writing down threats or violence that happen at work
• New safety procedures at work
• A referral to a victim services group

Your employer must talk with you to find what works, and think about any danger you face right now. It can say no only if the change would cost a lot of time or money, or make others unsafe. Even then, it must keep working with you to find another option. There is no limit on how many changes you ask for, and you can ask again if things change.

Your employer may ask for a signed statement that your request is because of the violence.

What if my boss punishes or fires me?

That is against the law. Your employer cannot fire you, treat you differently or punish you because you or your family member survived violence, because you asked for time off, or because you asked for a safety change.

What to do:

1. Write it down today. Dates, what was said, who was there. Save texts, emails and schedules.
2. Get free advice. Call the Project SURVIVE Helpline at 888-864-8335 (Legal Aid at Work). It gives free, confidential legal advice to survivors who want to keep their job, take time off or get changes at work.
3. File a complaint with the California Civil Rights Department within 3 years of what your employer did. File online, by phone at 800-884-1684, or by mail. The CRD takes complaints about actions on or after January 1, 2025. For the new court leave, the action must be on or after January 1, 2026. Older actions go to the Labor Commissioner instead. Labor Commissioner retaliation complaints generally must be filed within one year (Labor Code 98.7), so do not wait. A clinic can help you find the right place.

Afraid your boss will call immigration? That threat is also against the law in California. See What to do if your boss threatens to call immigration.

Can I get unemployment if I leave my job to stay safe?

You may. California's unemployment law says a worker can be found to have left with good cause if they left to protect themselves or their family from domestic violence or abuse (Unemployment Insurance Code 1256). The EDD still decides each claim, so tell it plainly why you left. You do not have to share more detail than you are comfortable with; an advocate can help you decide what to say.

Be real about one rule: unemployment requires permission to work: you must have been allowed to work when you earned the wages used for the claim, and while you claim (EDD). For the steps, see Can I get unemployment after being fired or quitting? If you cannot get unemployment, see Lost your job and cannot get unemployment?

Before you quit, ask whether time off or a safety change at work would let you stay. A call to Project SURVIVE (888-864-8335) can help you weigh it.

What is my employer supposed to tell me?

Employers must give workers a written notice about these rights when they are hired, every year, when a worker asks, and when a worker tells them they or a family member survived violence. The CRD has a model notice. You can print it and show it to your boss.

Are there other kinds of leave that help?

• Bereavement leave: if a family member dies, the CRD notice lists up to 5 days off within 3 months of the death.
• Family and medical leave: up to 12 weeks for your own serious health problem or a family member's, if you qualify. See Will my job be safe while I take family or medical leave?
• Disability Insurance and Paid Family Leave: partial pay from the state while you cannot work. Call EDD at 1-800-480-3287 (Disability Insurance) or 1-877-238-4373 (Paid Family Leave).

Who can help?

These are free public offices and nonprofit groups. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Project SURVIVE Helpline, Legal Aid at Work: 888-864-8335. Free, confidential legal advice about keeping your job, taking time off and getting changes at work. English, Spanish, Cantonese, Mandarin and other languages. Leave a voicemail; they usually call back in 2 to 3 business days. Project SURVIVE Helpline
• California Civil Rights Department: 800-884-1684, TTY 800-700-2320, Relay 711. calcivilrights.ca.gov
• National Domestic Violence Hotline: 800-799-7233, or text START to 88788. Free, confidential, 24 hours. thehotline.org
• CORA (San Mateo County): 24 hour hotline 800-300-1080. corasupport.org
• Next Door Solutions (Santa Clara County): 24 hour hotline 408-279-2962. nextdoorsolutions.org
• YWCA Golden Gate Silicon Valley: 24 hour bilingual support line 800-572-2782. yourywca.org
• Legal Aid at Work, Workers' Rights Clinic: for other work problems. East Palo Alto line (415) 404-9093. Workers' Rights Clinic

More local help: Free help with a work problem in the Bay Area.

Common questions

My abuser works at the same place. What can I ask for? A different shift, a different location, a new work station or new safety steps are all changes the CRD lists. Ask in writing, and tell your employer about any danger right now.

I work for a small business with only a few workers. Do I have any rights? Yes. Every employer must give time off for a restraining order or court protection, and must consider safety changes at work. The longer list of leave reasons applies at 25 or more workers.

Do I have to show a police report? No. A statement you sign yourself is enough proof.

Can I be fired for missing work the day it happened? Not if you give proof within a reasonable time when your employer asks.

Will anyone ask about my papers? The CRD does not ask about immigration status when you file. If you have an immigration case, a survivor may have special options. Ask a trusted immigration lawyer. See Help for survivors of violence.

Is there a letter I can use?

You are not alone in this. Your safety matters, and so does your work. Take one step today.