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Employee & Labor Relations

A Resource for County of San Mateo Employees, Supervisors, and Managers

Domestic Violence Leave Accommodation Policy

Leave for Victims of Domestic Violence, Sexual Assault or Stalking

What is it?

Employees who are victims of domestic violence, sexual assault or stalking are entitled to unpaid, job-protected leave to seek services that protect themselves and their children or to attend court proceedings.

Services may include:

  • Medical attention for injuries;
  • Referrals to a domestic violence shelter, program or rape crisis center
  • Psychological counseling;
  • Safety planning and other actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation; or
  • Temporary restraining orders, permanent restraining orders or other injunctive relief.

You cannot be fired or retaliated against because you are a victim of domestic violence, sexual assault or stalking.

Who is eligible?

  • Employees who are victims of domestic violence, sexual assault and/or stalking are eligible.

How long is the leave?

  • The law does not require a specific duration for such leaves and the reasonableness of the length of a leave will be determined on a case by case basis by each department.

Is it paid?

  • The leave is unpaid. However, an employee may elect to use accrued paid leave such as sick leave or vacation.

How do I request the leave?

  • Talk to your supervisor, manager or Human Resources. Employees must provide reasonable advance notice of the need for leave unless advance notice is not feasible.
  • An employee may be required to provide certification of the need for leave. Certification may include a police report, court documents or a note from a healthcare provider who provided treatment for physical or mental injuries incurred as a result of the domestic violence, sexual assault or stalking.

Accommodations for victims of domestic violence, sexual assault or stalking

  • You also have the right to reasonable accommodations that may keep you safe at work. Safety needs may include a new work phone number, a transfer, or a different schedule.

How do I request an accommodation?

  • You can talk to your supervisor, manager or you can contact the County Disability Unit Manager.
  • An employee may be required to provide certification of the need for accommodation. Certification may include a police report, court documents or a note from a healthcare provider who provided treatment for physical or mental injuries incurred as a result of the domestic violence, sexual assault or stalking.

Additional resources

Effective DateChanges Made
8/28/2018Policy established