California Has Expanded Workplace Protections for Victims of Crimes

By Swerdlow Florence Sanchez Swerdlow & Wimmer

November 19, 2024

California Governor Gavin Newsom signed into law Assembly Bill No. 2499, which shall take effect on January 1, 2025, and expands employee protections for taking time off work if an employee or their family member is a victim of certain crimes or violent acts. The majority of the changes only apply to those employers with 25 or more employees.

Employers With 25 Or More Employees

For employers with 25 or more employees, employees may take leave for the following ten reasons when either the employee or their family member is the victim of a qualifying act of violence:

1.  To obtain or attempt to obtain legal relief for the family member, such as a restraining order or other injunctive relief.
3.  To seek, obtain, or assist a family member seeking or obtaining, services from a domestic violence shelter, rape crisis center, or victim services organization or agency.
4.  To seek, obtain, or assist a family member seeking or obtaining, psychological counseling or mental health services.
5.  To participate in safety planning or take other actions to increase safety.
6.  To relocate or engage in the process of securing a new residence. (If the employee’s family member is a victim who is not deceased as a result of the crime, and the employee is not a victim, the employer may limit the leave they take for this reason to five days.)
7.  To care for a family member who is recovering from injuries caused by a qualifying act of violence.
8.  To seek, obtain, or assist a family member seeking or obtaining, civil or criminal legal services.
9.  To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding.
10. To seek, obtain, or provide childcare or care of a dependent adult if the care is necessary to ensure the safety of the child or dependent adult.

“Qualifying act of violence” includes domestic violence, sexual assault, stalking, acts that cause bodily injury or death, having a weapon drawn or brandished at the individual, and/or experiencing force or threat of force, which could cause physical injury or death. This definition applies regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime.

Employers can limit the total leave time taken for these reasons to twelve weeks, unless the employee’s family member is a victim (who is not deceased as a result of crime and the employee is not a victim) in which case, leave can be limited to ten days.

Employees may now use paid sick leave in addition to vacation, personal leave, and other paid time off for all the protected time off referenced above. Employers may require this leave to run concurrently with any leave entitlements under the Federal Family and Medical Leave Act or the California Family Rights Act if the employee is eligible for such leave(s).

All Employers

All employers must reasonably accommodate employees who request an accommodation for the safety of themselves at work if their family member (rather than the employee) is a victim of a qualifying act of violence. Permission to carry a telephone at work is identified as a possible reasonable accommodation.

Employers must now inform their employees of the rights to leave for victims of crime. The notice of rights must be in writing and shall be provided to new employees upon hire, to all employees annually, at any time upon request, and at any time an employee notifies the employer that the employee or their family is a victim. The California Civil Rights Division is developing an optional form for employers’ use that complies with the notice requirements.

If you have any questions regarding the effect of Assembly Bill No. 2499 on your workplace or would like us to review your related policies, please reach out to your SFSSW attorney.

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