On January 1, 2025, Assembly Bill 2499 expanded the definition of “victim” for purposes of certain leaves and accommodations. Eligible employees may now use California Healthy Workplaces, Healthy Families Act sick leave when they need time off to seek relief if they (or, in some cases, a family member) are a victim of a crime.
The new law also created new protections for jury, witness, and victim leave and accommodations in the California Fair Employment and Housing Act (FEHA). Previously, these laws were contained in the Labor Code and enforced by the Division of Labor Standards Enforcement. Now, the California Civil Rights Department (CRD) has jurisdiction and enforcement authority over these provisions.
New Terms and Protections
A ”victim” is now defined as an individual subjected to “a qualifying act of violence.” A “qualifying act of violence” is defined as any of the following actions, regardless of whether anyone is arrested or prosecuted for, or convicted of, committing any crime: (1) domestic violence; (2) sexual assault; (3) stalking; (4) an act, conduct, or pattern of conduct that includes an individual causing bodily injury or death; exhibiting, drawing, brandishing, or using a firearm or other dangerous weapon; or using or making a reasonably perceived or actual threat of use of force to cause physical injury or death.
Employees who are victims of a qualifying act of violence may take time off from work to seek services to ensure their own health, safety, or welfare or that of their child. The services may include obtaining a temporary restraining order or other injunctive relief and attending related court proceedings; obtaining medical attention or counseling; obtaining the assistance of a victim’s rights organization; participating in safety planning; and securing a new residence or enrolling a child in a new school or childcare. Employees may use available California paid sick leave and any other available paid time off to cover the time taken away from work.
Employers with 25 or more employees must provide these same entitlements if an employee’s family member is a victim of a qualifying act of violence. “Family member” is defined broadly to include an employee’s “child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or a designated person.”
In either case, an employee must provide reasonable advance notice of their need for time off, unless doing so is not feasible. If an employee has an unscheduled absence, the employer cannot take any corrective action against the employee if they certify that AB 2499 covered the absence.
The certification may be in any of the following forms: (1) a police report indicating that the employee or a family member of the employee was a victim; (2) a court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court; (3) documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence; any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying the purpose of the absence.
Employers may limit the total leave taken for the purposes described above to 12 weeks and require that the time off runs concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act, if the employee would have been eligible for that leave. Additionally, leave for employees whose family member is a victim may be limited to five days to secure a new residence due to the qualifying act of violence, including enrolling children in a new school or childcare, and 10 days for all other leave purposes.
In addition to leave, employees are entitled to reasonable accommodations related to their safety while at work. These accommodations may include “the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence 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, stalking, or other qualifying act of violence, or referral to a victim assistance organization.”
Employers must engage in a timely interactive process with the employee to determine an effective accommodation considering the potential risk and danger to the employee. Employers need not provide any accommodation that would constitute an undue hardship on the employer’s business operations, such as violating an employer’s duty to furnish a place of employment that is safe for all employees.
Other Employer Obligations
Employers must maintain employee confidentiality related to the exercise of their rights under AB 2499.
In addition, employers are required to notify employees of their rights in writing upon hire, annually, at any time upon request, and whenever an employee informs an employer that the employee or the employee’s family member is a victim. The CRD will provide a model notice for this purpose by July 1, 2025.
Employers also should update their employee handbooks and policies to reflect AB 2499’s requirements and the impact on their practices of California’s other new laws.