For some employees, time off from work is difficult to get. They try to save sick days for when they need them and they patiently wait for the time they can finally take a vacation, but it doesn’t always seem like enough, given all of their responsibilities and the challenges life often poses. Well, many employers do not understand or fail to mention all the kinds of leave of absence employees might be entitled to. Most people know about sick days and vacation days, as well as maternity leave and personal time, but there are multiple other kinds of time off that some employees are entitled to. These include (but are not limited to) time off for jury duty, voting, situations related to being a victim of domestic violence, bone marrow, organ donation, and military leave. Let’s dive into the specifics of each of these kinds of time off so you can understand what rights you might have.
1- Time off for jury duty (or other matters of the court)
Under California law, employers are obligated to allow employees time off when they are subpoenaed by a court to be a witness in a case or summoned for jury duty. Moreover, employers cannot punish you for having to take leave for those reasons. This means they cannot fire you, demote you, threaten you, or take any adverse employment action towards you because of this time off. Of course, employees should give as much advance notice to their employer as is reasonable. Additionally, employees should provide proof of their obligation if their employer requests it. That can include the notice of jury duty service, the original subpoena, or a note/notice that the court provides, so it should not be difficult to acquire. The question that is most likely on your mind about this kind of leave is if it is paid.
Unfortunately for employees, California law does not mandate that employers must pay employees for jury duty or for testifying as a witness if subpoenaed. However, some employers have a policy allowing for paid leave in these kinds of cases, i.e. when the leave is non-voluntary and non-personal. Additionally, exempt employees earn a salary and because they are not paid by the hour, they usually do not suffer any loss of compensation for this kind of leave (exceptions can occur occasionally, as when the employee must be away from work for over a week and cannot complete job duties). Furthermore, union agreements or contracts might stipulate that employers must pay for jury duty or related leave. The details of your specific situation should be clarified with the relevant people (i.e. employer or union representative).
2- Time off for voting
California employees are also entitled to time off to vote on election days. Employees can take up to two hours of paid time off (more time if they need it, but the extra time is unpaid) to vote if they cannot vote during non-work hours. They do need to notify their employer at least two working days before the election, though, if they need to take that time off to vote. To further safeguard the right to vote, California employers have to post somewhere visible to employees a notice letting employees know about their rights a minimum of 10 days before an election.
3- Time off for bone marrow and organ donation
Under California law, employers with at least 15 employees have to allow employees time off to donate an organ or bone marrow. Moreover, this leave must be paid, although in some cases, that can be through the required use of sick days, vacation days, etc. Time off for organ donors can be up to 30 business days in any 12 months. For bone marrow donors, the leave of absence can be up to five business days in any 12-month period, which is calculated from the day the leave begins. This rule may sound strange, but it is a protection that relieves a significant burden from many people who only want to save a life. With this protection, they do not need to worry about work; instead, they can focus on healing.
4- Leave related to being a victim of domestic violence
When people are facing domestic violence, often the last thing on their minds is work responsibilities. They need to focus on their safety and potentially the safety of their kids. They might require legal help in getting a restraining order, medical care for injuries, or mental health services like psychological counseling for post-traumatic stress disorder. In California, employers must allow time off to deal with these problems. They can also seek temporary restraining orders for their work if there is a threat of the abuser going there. Of course, for both of these rights to be exercised, the employer has to know something about the situation. It can feel understandably frightening to inform people at work about being a victim of domestic violence, but there are laws protecting victims of domestic violence, sexual assault, and stalking against discrimination and retaliation. Moreover, employers have to maintain privacy and only reveal confidential information about the situation if legally required or to ensure the employee’s safety in the workplace. California law also mandates that employers provide reasonable accommodations for victims of domestic violence if requested. That can include things like changing the employee’s work schedule, installing a lock on their office door, transferring/reassignment to a different job, or changing their telephone number.
In terms of time off for domestic violence, the rules depend on the size of the employer. All employers have to allow time off to seek relief, which includes things like getting a restraining order. Employers with at least 25 employees also have to allow time off for victims of domestic violence to get psychological counseling and medical treatment for physical injuries, to receive services from a domestic violence shelter or rape crisis center, and to participate in safety planning or relocate. Notice of the need for time off should be given by the employee in advance if possible. If notice is not possible, proof is required, e.g. court order, police report, or doctor’s documentation. Whether or not this kind of time off is paid depends on multiple factors, so discussing it with the employer may be best, but if you have been a victim of domestic violence and you are suspicious your rights regarding time off were violated, contact a work attorney.
If you believe your rights to any kind of leave have been violated and need more info about other types of harassment seek justice by contacting a work attorney, who can help you figure out the next steps to take.
