California's new legislation, AB 2499, has introduced significant changes to the state's victims' leave law, effective January 1, 2025. The revisions have expanded the definition of "victim" and broadened the reasons for which employees can take leave.
Under AB 2499, a "victim" now includes any individual against whom a "qualifying act of violence" is committed. This encompasses domestic violence, sexual assault, stalking, and other acts that cause bodily harm or involve threats with firearms or dangerous weapons.
Employers are required to provide time off for employees who are victims of such acts and need to obtain relief related to the incident. This could include securing a temporary restraining order or other court-ordered measures.
The law also extends leave entitlements to employees at companies with 25 or more workers for a wider range of reasons. These include obtaining medical attention or victim services, participating in safety planning, and engaging in legal proceedings. Importantly, this leave can be taken if either the employee or a family member is a victim.
A "family member" under this law includes children, parents, grandparents, grandchildren, siblings, spouses, domestic partners as defined by the California Family Rights Act (CFRA), or a "designated person." A designated person can be anyone related by blood or considered equivalent to family by the employee. Employers may limit employees to one designated person per year for this purpose.
Additionally, AB 2499 mandates that employers provide reasonable accommodations not only for victimized employees but also for those whose family members are victims.
The enforcement responsibility has shifted from the Labor Code to the Fair Employment and Housing Act (FEHA), placing it under the jurisdiction of the California Civil Rights Department (CRD).
By July 1, 2025, the CRD must issue a notice titled "Survivors of Violence and Family Members of Victims Rights Leave and Accommodations." Employers will then be required to distribute this notice at hiring, annually to all employees, upon request, and when an employee reports being affected by qualifying acts of violence.
California employers are advised to update their employee handbooks accordingly to comply with these changes effective from January 1, 2025.