Legal Information: California

Workplace Protections

Updated: 
June 18, 2018

Do I need to give my employer any written proof (documentation) if I take time off?

The answer depends upon whether or not you told your employer in advance that you were taking off from work. Here are two examples:

(Example 1) I told my employer ahead of time that I would need off from work next week, to move to a safe place away from the abuser.

You may not have to provide documentation (proof in writing), that you took off from work to deal with domestic violence, sexual assault, or stalking. If the employer asks for documentation, see the list of documents that you can provide below.

(Example 2) I had to take off for two days without telling my employer ahead of time, because of an emergency involving domestic violence, sexual assault, or stalking.

In this situation, you will have to provide documentation (proof in writing), to show why you took off from work. If asked for documentation, here are some of the types of documents that you can give your employer:

  • a police report showing that you were a victim of domestic violence or sexual assault;
  • a court order protecting or separating you from the abuser or other evidence from the court or prosecuting attorney that you appeared in court; or
  • documentation from a licensed medical professional, domestic violence counselor, counselor for victims of sexual assault, health care provider, or counselor that you were undergoing treatment for physical or mental injuries or abuse due to domestic violence, sexual assault, or stalking.1

1 See Cal.Labor Code §§ 230(d)(2); 230.1(b)(2)(A)