EmploymentQuestion 1074 of 1632

An employee who is a victim of domestic violence needs time off to seek a restraining order and medical care. Under California law, an employer with 25 or more employees must:

a.Fire the employee to avoid its own liability
b.Allow protected time off, without reprisal
c.Require the use of unpaid vacation time only
d.Deny the leave as unrelated to the work

Explanation

Labor Code §230(c) protects any employee who is a victim of domestic violence, sexual assault or stalking who takes time off to obtain a restraining order or other judicial relief, and §230.1(a) extends that at employers with 25 or more employees to time off for medical attention, victim services, counseling, and safety planning - with no retaliation permitted. (c) is the closest wrong answer: the employee MAY choose to use accrued vacation, sick leave or paid time off for the absence, but the employer cannot make that the only route or require it. (d) denies a leave the statute grants. (a) is retaliation of the most direct kind. §230(f) adds a duty to provide reasonable safety accommodations at work.

Law Reference: Labor Code §§230(c), 230.1(a), 230(f) (reasonable accommodation)

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