An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from a specified offense. 1362 To the extent allowed by law, the School must maintain the confidentiality of any employee requesting leave. 1363 An employee may use vacation, personal leave, sick leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition. 1364 A School that discharges or discriminates against an employee for taking this protected leave may be liable for reinstatement, lost wages and work benefits, as well as civil or criminal penalties. 1365 B. L EAVE F OR V ICTIMS O F D OMESTIC V IOLENCE A ND S EXUAL A SSAULT An employee who is a victim of domestic violence, sexual assault, or stalking is entitled to take time off from work to seek relief, such as a temporary restraining order, or other assistance to help safeguard the “health, safety, or welfare” of the employee and/or his or her child. 1366 Employees must provide “reasonable advance notice” of their intent to take this leave unless the advance notice is not feasible. 1367 An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee while on leave. 1368 Domestic violence is abuse perpetrated against a spouse or former spouse, an individual regularly residing in the household, someone in a dating or engagement relationship, an individual with whom the abuser has a child, or other family relation. 1369 Sexual assault is defined under numerous penal codes. 1370 The term “stalking” is also defined by statute. 1371 Schools are prohibited from taking adverse employment action against an employee who takes time pursuant to these provisions or because of the employee’s status as a victim of domestic violence, sexual assault, or stalking, if the victim provides notice to the school of the status or the school has actual knowledge of the status. 1372 A school shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking who requests an accommodation for the safety of the victim while at work. 1373 Reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, or stalking, or referral to a victim assistance organization. 1374

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 312