California Employers’ Duties to Domestic Violence Victims

Domestic violence may begin outside the workplace, but its consequences can follow employees to work, creating legal obligations that employers cannot afford to overlook.

As October marks Domestic Violence Awareness Month, California employers have an opportunity to revisit their policies for supporting employees experiencing abuse, particularly as recent legislation has expanded workplace protections for victims of violence.

“Domestic violence doesn’t always stay at home, and employers can’t assume it’s none of their business,” said Jennifer Shaw, founder of Shaw Law Group in Sacramento. “When an employee discloses that they’re experiencing abuse, HR needs to recognize that the situation may trigger obligations involving protected leave, workplace safety, reasonable accommodations, and confidentiality.”

HR Q&A: What to Do When You Suspect an Employee Is a Victim of Domestic Violence

California’s Expanding Legal Protections

California has strengthened protections for employees experiencing domestic violence and other qualifying acts of violence, particularly through AB 2499, which took effect Jan. 1, 2025.

The legislation broadened protections beyond domestic violence, sexual assault, and stalking to include certain threats and acts involving dangerous weapons. It also extended some leave protections to employees whose family members experience qualifying acts of violence.

Employers with 25 or more employees face additional leave obligations, with eligible workers potentially entitled to up to 12 weeks of protected leave, depending on the circumstances. Shorter limits apply to certain absences involving family members.

Further changes under AB 406, effective Jan. 1, 2026, expanded certain rights involving attendance at criminal proceedings and corresponding uses of paid sick leave.

Shaw emphasized that employers should understand how these protections intersect with their existing workplace policies.

“My advice is to stop thinking of this as a narrow domestic violence leave policy,” she said. “It involves leave administration, workplace accommodations, safety planning, confidentiality, and retaliation protections.”

Employers must also provide California’s required notice outlining leave and accommodation rights upon hire, annually, upon request, and when an employee discloses a qualifying act of violence.

Sample Policy: California Domestic Violence, Sexual Assault, Stalking Policy

When Workplace Policies Become a Liability

One common compliance mistake involves treating absences related to domestic violence as ordinary attendance violations.

“An absence that looks unexcused to a supervisor may actually be legally protected,” Shaw explained. “HR needs to catch that before the employee receives attendance points, a warning, or a termination notice.”

Employers should also avoid automatically demanding police reports or restraining orders before considering protected leave. California recognizes several forms of supporting documentation when verification is appropriate, including an employee’s signed statement.

Beyond attendance policies, employers must consider how domestic violence can threaten workplace safety. An abusive partner might repeatedly contact an employee, appear at the workplace, or threaten coworkers. In such circumstances, employers should assess immediate risks and consider appropriate security measures. These could include screening calls, adjusting schedules, restricting visitor access, or arranging escorts to employees' vehicles.

California’s workplace violence prevention requirements also apply to covered employers and include procedures for addressing threats involving individuals with personal relationships to employees. However, Shaw cautioned against responding by penalizing the person experiencing abuse.

“Sending someone home indefinitely, involuntarily changing their assignment, or disciplining them because an abusive partner is disruptive may create additional legal exposure,” she said.

Instead, employers should focus on addressing threatening behavior while protecting affected employees.

Webinar: Beyond the Home — HR’s Role in Domestic Violence Support and Workplace Preparedness 

Balancing Safety and Confidentiality

Responding effectively also requires employers to balance workplace safety with employee privacy. Shaw recommended limiting information gathering to what is genuinely necessary, such as whether someone has threatened the workplace, whether a restraining order affects workplace access, or whether an employee needs accommodations.

“HR generally doesn’t need a detailed history of the relationship or every incident of abuse,” she said.

Information identifying an employee or family member as a victim generally must remain confidential, subject to limited legal exceptions. Employers should also observe applicable notification requirements when disclosure is permitted or required.

Shaw recommended restricting sensitive information to trained individuals with a legitimate need to know, while avoiding promises of absolute confidentiality when serious safety threats may require disclosure.

“One careless email or unnecessary conversation can expose extremely sensitive information, damage the employee’s trust, and create legal liability,” she warned.

What Employers Can Do Now

Beyond compliance, Shaw encouraged employers to establish clear policies identifying available leave, accommodations, confidentiality protections, and designated HR contacts. Supervisors should also receive training on recognizing warning signs, responding appropriately to disclosures and knowing when to involve HR. Practical safety planning might include visitor screening, secure parking, emergency contacts, and relationships with organizations assisting victims.

Importantly, employers should avoid assuming they know what an employee needs.

“An employee may not want to change work locations or have coworkers learn what's happening,” Shaw said. “Often, a relatively simple adjustment can make an enormous difference.”

Ultimately, employers cannot resolve every personal crisis their workers face. But their response can either help protect an employee or compound an already difficult situation.

“The best HR professionals know when to follow the policy and when the law requires them to look beyond it,” Shaw concluded.