California’s leave and accommodation landscape is expanding again in 2026 — and employers should start preparing now. With new legislation broadening when employees can take time off and heightened enforcement priorities under the Fair Employment and Housing Act (FEHA), compliance will require more than a simple policy update.

The centerpiece of these changes is Assembly Bill 406, which significantly expands California’s paid sick time law, the Healthy Workplaces, Healthy Families Act (HWHFA). Together with new Civil Rights Department (CRD) guidance, expanded “safe time” protections, and continuing developments under the California Family Rights Act (CFRA), the 2026 changes will impact policies, procedures, and day-to-day HR decision-making.

Expanded Paid Sick and Safe Time Under AB 406

Effective January 1, 2026, AB 406 broadens the list of permissible reasons employees can use paid sick and safe time under the HWHFA. Most notably, the law now incorporates expanded “safe time” protections from Government Code section 12945.8, extending leave rights to victims of certain crimes — and their family members — for a range of legal and administrative proceedings.

For example, covered employees may now use paid sick or safe time to:

• Attend judicial proceedings connected to a qualifying crime (including post-arrest release decisions, pleas, sentencing, or post-conviction hearings)
• Participate in meetings with prosecutors or law enforcement related to the incident
• Seek or renew restraining orders or protective orders
• Obtain services from a domestic violence shelter, sexual assault program, or victim services organization

Employers must allow employees to use their accrued HWHFA leave for these new purposes, in addition to existing sick and safe time reasons.

New CRD Notice and Survivor Protections

To support these expanded rights, the CRD issued a new mandatory notice, Survivors of Violence and Family Members of Victims – Right to Leave and Accommodations, in July 2025. Employers must post and distribute this notice and ensure that managers and HR staff understand its requirements.

The CRD’s accompanying FAQs clarify several critical points:

• Employees can use any accrued leave (PTO, vacation, sick leave) for protected purposes.
• Confidentiality is mandatory: employers cannot disclose the reason for the leave except as required by law.
• Anti-retaliation protections apply broadly, including against subtle forms of retaliation like schedule changes or exclusion from meetings.

CFRA Coordination: Overlapping Rights Create Complexity

The California Family Rights Act (CFRA) itself — Gov. Code section 12945.2 — is not substantively changing in 2026. It still provides up to 12 weeks of unpaid, job-protected leave for an employee’s own serious health condition, to care for certain family members (including a “designated person”), for baby bonding, and for certain military exigencies.

However, the expanded HWHFA rights and CRD protections significantly increase the number of scenarios in which multiple leave laws overlap. For example:

• An employee attending a criminal sentencing on behalf of a family member may also qualify for CFRA leave if that family member has a serious health condition.
• Paid sick time under HWHFA may run concurrently with FEHA accommodations if the absence is related to a disability or safety planning.

Employers must carefully analyze each situation at intake to determine whether it qualifies under the HWHFA, Government Code section 12945.8, the CFRA, pregnancy disability leave (PDL), and/or FEHA — and provide the proper designation notices and protections.

Designated Person and Future Changes

The “designated person” concept — allowing employees to take CFRA leave to care for someone with whom they have a family-like relationship — remains unchanged in 2026. Employers may continue to limit employees to one designated person per 12-month period.

Looking ahead, however, California’s Paid Family Leave (PFL) program will adopt a similar “designated person” category starting on July 1, 2028. This change will not affect current CFRA or HWHFA rights, but it is worth planning for because it likely will lead to more complex coordination of benefits and leave entitlements in the future.

Compliance Challenges on the Horizon

The expanded laws create several new operational challenges for employers:

• Intermittent leave stacking. Employees may take separate leave under the HWHFA, CFRA, and FEHA, leading to overlapping absences.
• Local ordinance conflicts. Employers operating in jurisdictions with local sick leave ordinances must harmonize those rules with the new AB 406 uses.
• Confidentiality and safety. Victim-related leave requests often involve sensitive information, requiring specialized handling and documentation protocols.
• Recordkeeping. HRIS systems should be updated to reflect the new categories of leave and ensure accurate reporting.

The Next Steps

With the above changes taking effect on January 1, 2026, HR teams should act now to stay ahead of the compliance curve:

1. Update leave policies and handbooks to incorporate AB 406’s expanded HWHFA uses and reference Government Code section 12945.8.
2. Post and distribute the new CRD notice and train managers on confidentiality, retaliation, and safety-related leave issues.
3. Refresh intake procedures so HR can quickly identify which leave laws apply, issue proper designation notices, and track concurrent leave accurately.
4. Train managers and supervisors to recognize when requests may implicate victim/survivor rights and how to escalate them properly.
5. Audit HRIS and payroll codes to ensure the new leave categories are captured for reporting and compliance purposes.
6. Plan ahead for 2028 by reviewing policies and workflows that will intersect with PFL’s forthcoming “designated person” expansion.

Bottom Line

California’s 2026 leave changes reflect the state’s continued focus on expanding employee protections — particularly for victims and survivors of violence. The result is a more complex web of overlapping rights under CFRA, HWHFA, FEHA, and other statutes. Employers that invest in proactive policy updates, manager training, and process improvements now will be far better positioned to manage risk — and to support their workforce with empathy and compliance — when the new rules take effect.

About Shaw Law Group 

At Shaw Law Group, we do more than practice employment law—we partner with employers to build compliant, respectful, and productive workplaces. From day-to-day advice and counsel to impartial workplace investigations, proactive HR audits, dynamic training programs, and sensitive pre-litigation matters, our experienced team helps clients stay ahead of the curve—and out of court.