Workplace Safety and Protected Time Off for Survivors

October 8, 2009 |
Valor

As many of you may already know, we just completed a series of Regional Legal Advocacy Trainings, in collaboration with the Legal Aide Society~Employment Rights Center of San Francisco, focused on Employment Rights for Sexual Assault Survivors.  Many Rape Crisis Center advocates had an opportunity to attend, as well as folks from other agencies such as the Inter-Tribal Council of CA, various County District Attorney-Victim Service Agencies, Lideres Campesinas and other community agencies.

Unfortunately, we understand that not all agencies were able to participate so I wanted to share some information from those trainings with you about Workplace Safety and Protected Time Off for Survivors.  For Employees, here are some Employee Protections if you are a survivor of Sexual Violence:

  • CA Labor Code § 230 (c): Any employer may not discharge, discriminate, or retaliate against an employee who is a domestic violence/sexual assault survivor for taking time off to obtain/maintain any relief, including a TRO/RO/injunctive relief, to help ensure the health, safety, or welfare of a survivor or the survivor’s child.
  • CA Labor Code § 230.1: An employer with 25 or more employees may not fire, discriminate or retaliate against an employee who is a domestic violence or sexual assault survivor for taking time off to: receive counseling, safety plan, obtain a TRO/RO/injunctive relief, seek medical attention, or obtain services from a domestic violence program or rape crisis center.

For Employers, here are some Workplace Safety requirements to consider:

  • Federal OSHA: General Duty Clause: Requires employers to provide a safe and healthful working environment. Employers can be cited if there are recognized hazards of workplace violence and nothing is done to prevent or abate them.
  • CA Labor Code  § 6402: “No employee shall require, or permit, any employee to go to, or be in a place of employment which is not safe and healthful.”
  • CA Labor Code § 6403: “No employer shall fail or neglect… (t)o do every other thing reasonably necessary to protect the life, safety and health of employees.”
  • CA Labor Code § 6401.7: “Every employer shall establish, implement and maintain an effective injury prevention program.”

Below are additional resources and information regarding Employement Rights for Survivors:

For more information, or legal advice, you can visit the Legal Aide Society~Employment Law Center of San Francisco website.
You can also visit the OSHA website or the California Law website for more information on the Labor Codes listed above.